These Terms of Use ("Terms") are a binding agreement between you ("you" or "visitor") and Crossing Cloud LLC, a Utah limited liability company ("Crossing Cloud", "we", "us", "our"). They govern your access to and use of the crossingcloud.dev website (the "Website").
These Terms cover the Website only. The Duly mobile application has its own separate Terms of Use, which govern your use of that application.
By accessing or using the Website, you agree to these Terms and to our Privacy Policy at https://crossingcloud.dev/privacy, which is incorporated by reference. If you do not agree, do not use the Website.
These Terms include important provisions that limit our liability and, for visitors in the United States, contain a binding arbitration agreement and class action waiver in Section 11. Please read them carefully.
1. Who can use the Website
You may use the Website only if:
- You are at least 13, or the higher age of digital consent applicable in your country (between 13 and 16 in the EU under GDPR Article 8; 13 in the UK under UK GDPR; 13 in the United States under COPPA), or you are using the Website with the supervision of a parent or legal guardian who agrees to these Terms on your behalf;
- You are not legally barred from using the Website under the laws of your country of residence or any country where these Terms would be enforced (for example, due to applicable export control or sanctions regimes);
- You agree to use the Website in accordance with these Terms and any applicable law.
If you are a parent or guardian and you allow your child to use the Website, you are responsible for that child's compliance with these Terms.
2. License to use the Website
Subject to your compliance with these Terms, Crossing Cloud grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Website for your personal, non-commercial informational use. The Website is freely readable; we do not require an account.
You may not, except as expressly permitted by applicable law:
- Copy, redistribute, mirror, frame, or republish substantial portions of the Website's content for commercial purposes;
- Modify, translate, reverse engineer, decompile, or disassemble any part of the Website;
- Remove, obscure, or alter any proprietary notices, branding, or labels on the Website;
- Use automated systems (scrapers, crawlers, bots, or AI training pipelines) to harvest content from the Website at a rate or volume that disrupts service for other visitors, or in a way that violates the access controls described in our
robots.txtand similar files; - Use the Website to develop a competing product or service, or to evaluate it for competitive purposes;
- Use the Website in a manner that violates these Terms or any law.
Linking to the Website with a normal hypertext link is permitted and welcome.
3. Intellectual property
The Website, including its text, layout, design, graphics, logos, illustrations, and code, is owned by Crossing Cloud LLC or its licensors and is protected by intellectual property laws. "Crossing Cloud", "Duly", and our logos are trademarks of Crossing Cloud LLC. You may not use them without our prior written permission, except for fair, non-misleading nominative use (for example, writing about our software in a review or article).
Nothing in these Terms grants you any right, title, or interest in our trademarks, copyrights, or other intellectual property other than the limited license to read the Website described in Section 2.
4. Submitting information through the Website
4.1 Contact form and email
If you contact us through a form on the Website, or by emailing one of our published addresses, you agree:
- To provide accurate information;
- To send only what you would be comfortable having us read and reply to;
- Not to send confidential information of a third party that you do not have the right to share.
We use information you submit only as described in our Privacy Policy.
4.2 No public submissions
The Website does not currently host comment sections, public forums, or any other surface where visitors can publish content visible to other visitors. If we add such a feature in the future, additional submission guidelines will apply and will be linked from the relevant page.
4.3 Feedback
If you send us feedback or suggestions about Crossing Cloud, our products, or the Website, you grant us a perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to use that feedback for any purpose, including incorporating it into our products. Don't send us anything you consider confidential.
5. Privacy
Our collection and handling of personal information is described in our Privacy Policy at https://crossingcloud.dev/privacy. By using the Website, you acknowledge that you have read it.
In short:
- We do not require accounts to read the Website.
- We do not run third-party advertising, behavioral tracking, or cross-site analytics SDKs.
- The Website receives only the limited data your browser must send to load a page, plus anything you choose to submit through the contact form.
6. Acceptable use
You agree not to:
- Use the Website to transmit unlawful, infringing, defamatory, harassing, or otherwise harmful content;
- Probe, scan, or test the security or integrity of the Website or any Crossing Cloud-operated infrastructure, except via responsible disclosure as described in Section 14;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Website, its hosting infrastructure, or the systems we use to receive your messages;
- Impersonate any person or organization, or misrepresent your affiliation with any person or organization, in messages you send us;
- Use the Website in any manner that could damage, disable, overburden, or impair its operation.
We may, with or without notice, block access to the Website (for example, at the network or IP-address level) for visitors who materially breach this Section 6.
7. Third-party services and links
The Website may link to third-party websites, services, or app store listings (for example, the Apple App Store and Google Play). We are not responsible for those third-party services. Their terms and privacy policies apply when you use them. A link from our Website is not an endorsement of, or warranty for, the linked service.
The Website is hosted by Cloudflare, Inc. through its Cloudflare Pages product. Cloudflare's terms of service and privacy policy govern the hosting and edge layer.
8. Changes to the Website
We may update the Website at any time, including its content, design, structure, and availability, in our reasonable discretion. We may also take the Website offline, temporarily or permanently, without notice. The Website is provided as a courtesy and as a marketing surface; nothing in these Terms requires us to keep it available.
9. DMCA notices
Crossing Cloud LLC respects intellectual property rights. If you believe content on the Website infringes a copyright you hold, please send a notice that complies with the requirements of 17 U.S.C. § 512(c)(3) to:
Crossing Cloud LLC Attn: DMCA Designated Agent [STREET ADDRESS] Salt Lake City, UT [ZIP], USA Email: dmca@crossingcloud.dev
Our designated agent for DMCA notices is registered with the U.S. Copyright Office. Knowingly making false claims of infringement may result in liability under 17 U.S.C. § 512(f).
10. Disclaimers
EXCEPT WHERE LIMITED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". CROSSING CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
- THE INFORMATION ON THE WEBSITE WILL BE COMPLETE OR CURRENT AT ANY GIVEN MOMENT; OR
- THE WEBSITE IS APPROPRIATE FOR ANY SPECIFIC PURPOSE BEYOND PROVIDING GENERAL INFORMATION ABOUT CROSSING CLOUD AND ITS PRODUCTS.
The information on the Website (including any pricing, release dates, or product descriptions) is provided for general informational purposes only and is subject to change. Pricing or feature information for any Crossing Cloud product is authoritative only on the platform where the product is sold (for example, on the App Store or Google Play listing for that product).
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply only to the maximum extent permitted by law, and your statutory consumer rights are not affected.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT WILL CROSSING CLOUD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOST PROFITS, LOST GOODWILL, LOST DATA, OR LOSS OF USE; OR FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON INFORMATION POSTED ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED US$25.
These limits apply on an aggregate basis to all claims, regardless of the legal theory, and apply even if a limited remedy fails of its essential purpose.
If you are a consumer in a jurisdiction (such as the EU or UK) whose law gives you mandatory rights that cannot be waived by contract, those rights are not affected by this Section 11. We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under applicable law.
12. Governing law and disputes (US visitors)
This Section 12 applies if you are resident in the United States. EU/UK consumers, see Section 13.
12.1 Governing law
These Terms are governed by the laws of the State of Utah, USA, excluding its conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
12.2 Informal resolution
Before filing any claim, you agree to first contact us at contact@crossingcloud.dev and give us 30 days to try to resolve the dispute informally. We will do the same before initiating any claim against you.
12.3 Binding arbitration
If we cannot resolve the dispute informally, you and Crossing Cloud agree that any dispute, claim, or controversy arising out of or relating to the Website or these Terms (a "Dispute") will be resolved by binding individual arbitration, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except that:
- Either party may bring an individual claim in small claims court for any matter within that court's jurisdiction;
- Either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property rights.
The arbitration will be conducted in Salt Lake City, Utah, or, at your option, by remote/video hearing. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
12.4 Class action waiver and mass arbitration
(a) Class action waiver. YOU AND CROSSING CLOUD EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
(b) Mass arbitration. If 25 or more similar claims are asserted against Crossing Cloud by or with the assistance of the same law firm or coordinated group within a 60-day period, the parties agree that those claims will be administered by AAA under the AAA's Mass Arbitration Supplementary Rules then in effect, including the consolidated initiation-fee structure that took effect January 15, 2024.
12.5 30-day opt-out
You may opt out of Section 12.3 (Binding arbitration) and Section 12.4 (Class action waiver and mass arbitration) by sending a written notice to contact@crossingcloud.dev, or by mail to Crossing Cloud LLC, [STREET ADDRESS], Salt Lake City, UT [ZIP], USA, with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your notice must include your name and the email address you would like us to use for future correspondence about disputes. If you opt out, the rest of these Terms still apply, and disputes will be heard in the courts in Section 12.6.
12.6 Court venue (if arbitration does not apply)
If a Dispute is not subject to arbitration under this Section 12 (for example, if you opt out, or a court finds the arbitration agreement unenforceable in your case), you and Crossing Cloud agree to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah, USA, for that Dispute. Each party waives any objection to venue or forum non conveniens in those courts.
13. EU/UK consumer terms
If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, then notwithstanding Section 12:
- These Terms do not deprive you of the protection of the mandatory rules of the law of your country of habitual residence.
- You may bring proceedings against us in the courts of your country of habitual residence, and we may bring proceedings against you only in the courts of your country of habitual residence.
- The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are, however, not currently obliged to participate in alternative dispute resolution before a consumer arbitration board.
14. Security disclosures
If you discover a security vulnerability in the Website or in any Crossing Cloud-operated service, please email security@crossingcloud.dev with a description and, where possible, steps to reproduce. We commit to acknowledging the report within five business days, working with you in good faith, and not pursuing legal action against good-faith researchers who:
- Avoid privacy violations, destruction of data, and interruption or degradation of our service;
- Only interact with accounts they own or with explicit permission of the account holder;
- Give us a reasonable time to investigate and remediate before disclosing publicly.
15. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will:
- Update the "Last updated" date at the top;
- Note the change on the Website where you would normally find these Terms;
- Where required by law, ask for your consent to the new Terms.
If you continue to use the Website after a change becomes effective, that constitutes acceptance of the changed Terms. If you do not agree to a change, your remedy is to stop using the Website.
16. Termination
You may stop using the Website at any time by closing the page. We may terminate or suspend your access to the Website if you materially breach these Terms or if we are required to do so by law.
The following sections survive termination: Section 3 (Intellectual property), Section 4.3 (Feedback license), Section 10 (Disclaimers), Section 11 (Limitation of liability), Section 12 (Disputes), Section 13 (EU/UK consumer terms), Section 14 (Security disclosures), and this Section 16.
17. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Crossing Cloud regarding the Website, and supersede any prior or contemporaneous communications about the Website.
- Severability. If any provision is held unenforceable, the rest of these Terms remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of the right to enforce it later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets, on notice to you.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
18. Contact
Questions about these Terms? Email contact@crossingcloud.dev.
For privacy questions, see the Privacy Policy or email privacy@crossingcloud.dev.
For DMCA notices, email dmca@crossingcloud.dev.
For security disclosures, email security@crossingcloud.dev.