Terms of Service

Terms.

The legal framework, written in plain language.

1. Acceptance, identity, and definitions

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "User") and The Editorial Edit ("tEE," "we," "us," "our"), the publisher of Crumb. By installing, activating, clicking "I agree," or using Crumb in any way, or by continuing to use Crumb after any update to these Terms, you agree to these Terms in full. Your in-app affirmative agreement is recorded electronically with a timestamp; that record, together with your continued use, constitutes your binding acceptance. If you do not agree, do not use Crumb.

The following definitions apply throughout these Terms:

  • "Crumb" means the macOS desktop application distributed by The Editorial Edit at getcrumb.app, including all updates, components, and documentation we provide.
  • "Third-Party Services" means any external software, CLI tools, APIs, AI models, or services that Crumb launches, connects to, or displays, including but not limited to: Anthropic's Claude Code CLI, Anthropic's API and AI models, the Git version control system, GitHub's gh CLI, any Model Context Protocol (MCP) servers you configure, and your own shell and operating system environment.
  • "AI Output" means any text, code, commands, files, data, or other content generated or executed by a Third-Party Service, including by an AI model, whether or not displayed within Crumb.
  • "Autonomous Mode" (also called "bypass" or "skip permissions" mode) means the configuration within Crumb that passes the --dangerously-skip-permissions flag to Claude Code, causing the AI to execute commands, edit files, run shell operations, and take other actions without pausing to request your confirmation for individual steps.
  • "Your Content" means your projects, code, data, files, configurations, credentials, and any other material you introduce into, or expose to, Crumb or any Third-Party Service.

2. License grant

Subject to your compliance with these Terms and payment of any applicable fees, tEE grants you a limited, personal, revocable, non-exclusive, non-transferable license to install and use Crumb on up to three (3) macOS devices that you personally own or control, solely for your own personal or internal commercial use.

You may not:

  • Redistribute, resell, sublicense, rent, lease, or transfer Crumb or any license to any third party.
  • Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from Crumb, except and only to the extent that applicable law expressly permits such activity despite this restriction.
  • Use a single license on more than three (3) activated devices simultaneously.
  • Use Crumb to build a competing product or service or to assist any third party in doing so.
  • Remove, alter, or obscure any proprietary notices, labels, or marks in or on Crumb.

You may transfer a one-time license to a different device by deactivating it on the old device first, from Settings inside the Crumb app. Subscription licenses are not transferable and follow the account.

3. THE HOUSE / CONDUIT PRINCIPLE

This section is central to your understanding of what Crumb is and is not. Please read it carefully.

Crumb is a native macOS interface and organizer. Its purpose is to launch, display, and organize Third-Party Services, primarily Anthropic's Claude Code CLI, on your machine. Crumb is a neutral host, not a participant.

Crumb does not author, write, generate, or produce any AI Output. Crumb does not control, supervise, inspect, filter, sanction, or guarantee anything that Claude Code, Anthropic's API, any AI model, Git, the gh CLI, any MCP server, or your shell decides to do. Every command run, every file created, edited, or deleted, every network call made, and every piece of data sent to Anthropic or any other service is the result of Third-Party Services acting on your instructions, not the result of Crumb.

Your use of Claude Code through Crumb is governed by Anthropic's own terms of service, usage policies, and privacy policy, as updated by Anthropic from time to time. Your Anthropic account, your API key, and all token usage, costs, and charges are entirely between you and Anthropic. tEE is not a party to that relationship. You are responsible for reading, understanding, and complying with Anthropic's terms and all applicable laws when using Claude Code or any other Third-Party Service through Crumb.

Similarly, your use of Git, GitHub, the gh CLI, MCP servers, and any other Third-Party Service through Crumb is governed solely by those services' own terms. tEE has no relationship with, and no liability for, those services.

4. "As is" and "as available" disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRUMB AND ALL ASSOCIATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

tEE expressly disclaims all warranties, including but not limited to: any implied warranty of merchantability; fitness for a particular purpose; title; non-infringement; accuracy or completeness of any AI Output or other output; reliability, availability, or continuity of service; or that Crumb will be error-free, uninterrupted, secure, or free of viruses or other harmful components. No oral or written information or advice given by tEE or its personnel creates a warranty.

Some jurisdictions do not allow the exclusion of certain implied warranties. To the extent such exclusions are not permitted under applicable law, they do not apply to you, and only the minimum warranty required by law will apply.

Risk and liability summary: please read before using

Crumb is provided with no warranty of any kind. We make no promises that it will work correctly, produce useful AI output, protect your data, or be available at any particular time. We are a neutral house that launches tools you control.

You use Crumb entirely at your own risk. If Claude Code or any other tool deletes your files, breaks your code, leaks your secrets, runs up your API bill, or causes any other harm, that is not something tEE caused or can reverse. The risk of those outcomes is yours.

tEE's total financial liability to you is capped at the greater of fifty U.S. dollars (USD $50) or the amount you paid tEE in the twelve months before your claim. This applies to every type of claim, including data loss, file destruction, AI errors, and service unavailability.

The disclaimers and liability caps in these Terms are not fine print. They are the agreed basis of the deal. The price of Crumb reflects that tEE bears no open-ended liability for the actions of AI models or other Third-Party Services operating on your machine at your direction. If you are not comfortable with this allocation of risk, do not use Crumb.

5. Assumption of risk

You use Crumb, and all Third-Party Services accessed through Crumb, entirely at your own risk. You acknowledge and accept, without reservation, the following risks inherent in using a tool that launches an AI coding agent on your machine:

  • Data loss and file destruction. Claude Code and other Third-Party Services can and do create, modify, overwrite, and delete files and directories. Actions may be irreversible. You bear sole responsibility for maintaining current, tested backups of all data and projects you expose to Crumb.
  • Unwanted or destructive code changes. AI Output may be incorrect, incomplete, insecure, or contrary to your intentions. It may break builds, introduce bugs, corrupt databases, or produce other harmful results.
  • Leaked or exposed secrets. If you type, paste, or otherwise introduce credentials, API keys, passwords, or other sensitive material into a session, that material may be transmitted to Anthropic or other Third-Party Services as part of the conversation context. You are solely responsible for what you expose.
  • Anthropic API and usage costs. Token usage costs are billed by Anthropic directly to you under your Anthropic account. tEE does not control, estimate, or cap those costs. You are solely responsible for all charges incurred through your Anthropic account, regardless of what Claude does while running through Crumb.
  • Third-party service costs and charges. Any fees, charges, or costs imposed by GitHub, MCP server providers, or any other Third-Party Service are your sole responsibility.
  • Security of your machine and environment. Claude Code has access to the files and processes you permit. You are responsible for the security of your machine, your user account, and the scope of access you grant.

6. Autonomous mode / bypass permissions

THIS SECTION CONTAINS HEIGHTENED DISCLOSURES. READ BEFORE ENABLING AUTONOMOUS MODE.

Crumb includes a feature that enables Autonomous Mode by passing the --dangerously-skip-permissions flag to Claude Code. When Autonomous Mode is active:

  • Claude Code will execute commands, edit, create, and delete files, run shell operations, make network calls, and take other consequential actions on your machine without pausing to ask for your confirmation on individual steps.
  • Actions taken in Autonomous Mode may be irreversible. There is no undo.
  • Crumb has no ability to supervise, intercept, review, approve, or reverse what Claude Code does while Autonomous Mode is active. Crumb is only the interface that launched Claude Code with that flag set.

By enabling Autonomous Mode, you:

  • Acknowledge that you have read and understood the risks described in Section 5 (Assumption of Risk) and this section.
  • Accept full and sole responsibility for all actions taken by Claude Code or any AI model while Autonomous Mode is active, including any data loss, file deletion, broken systems, leaked secrets, and costs incurred.
  • Expressly waive and release tEE, The Editorial Edit, and their officers, employees, agents, and successors from any and all claims, demands, damages, losses, costs, and liabilities of any kind arising from or related to any action taken by Claude Code or any AI model while Autonomous Mode is active on your machine.

We strongly recommend enabling Autonomous Mode only in sandboxes, version-controlled repositories, or environments where you have made and verified a recent backup and are prepared to accept the consequences of fully unattended AI operation.

7. No professional advice

Nothing in Crumb, and nothing in any AI Output produced through Crumb, constitutes legal, financial, medical, security, investment, tax, or other professional advice. Do not rely on AI Output for decisions that require professional judgment. Always consult a qualified professional for matters of law, finance, medicine, security, or any other regulated domain.

tEE makes no representation that AI Output is accurate, complete, current, or appropriate for any particular purpose.

8. User responsibilities

As a condition of using Crumb, you agree to:

  • Maintain current, tested backups of all data and projects before using Crumb or any AI tool against them.
  • Review and verify all AI Output before acting on, deploying, or relying on it.
  • Secure your own machine, credentials, API keys, and environment. Do not expose credentials or sensitive data to AI sessions unless you understand and accept the risk.
  • Comply with Anthropic's terms of service and usage policies and with all applicable local, national, and international laws in your use of Crumb and Third-Party Services.
  • Not use Crumb for any unlawful, harmful, abusive, fraudulent, or deceptive purpose.
  • Not use Crumb to violate any third party's intellectual property rights, privacy rights, or contractual rights.
  • Accept sole responsibility for all of Your Content and for the effects of any AI-generated changes to Your Content.

9. Acceptable use policy

Crumb is a neutral interface. You are solely responsible for the instructions you give to AI models and other Third-Party Services through Crumb, and for the code, commands, files, or other actions those services produce at your direction.

You agree not to use Crumb, or to direct any Third-Party Service through Crumb, for any of the following purposes:

  • Violations of law. Any activity that violates any applicable local, state, national, or international law or regulation, including computer fraud, unauthorized access, privacy law, consumer protection law, or export control law.
  • Intellectual property infringement. Generating, reproducing, or distributing content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any person or entity.
  • Malware and attack infrastructure. Creating, distributing, or deploying malware, ransomware, spyware, viruses, worms, exploit code, or any software or script whose primary purpose is to damage, interfere with, or gain unauthorized access to any computer system, network, or device.
  • Unauthorized system access. Accessing, probing, scanning, or testing any computer system, network, or device without the express written authorization of the owner.
  • Unlawful or harmful content. Generating content that is defamatory, obscene, harassing, threatening, inciting violence, or otherwise unlawful or harmful, including content involving the sexual exploitation of minors.
  • Violation of AI provider policies. Any use that violates Anthropic's usage policies or the policies of any other AI model provider or Third-Party Service accessed through Crumb. You are responsible for reading and complying with those policies independently.
  • Deception and fraud. Impersonating any person or entity, misrepresenting your affiliation, or using AI Output to engage in deceptive or fraudulent practices.
  • Automated attacks and spam. Using Crumb or AI Output to send unsolicited bulk communications, conduct denial-of-service attacks, or otherwise abuse any system, service, or person.

tEE reserves the right to suspend or terminate your access if it has reasonable grounds to believe you have violated this policy, without prejudice to any other remedies available at law or equity.

10. Eligibility

To use Crumb, you must:

  • Be at least the age of majority in your jurisdiction (and in no event younger than eighteen (18) years of age).
  • Have the full legal capacity to enter into a binding contract under the laws of your jurisdiction. If you are using Crumb on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" as used in these Terms refers to that entity.
  • Not be prohibited by any applicable law from receiving or using software products or services originating from the United States.
  • Not be a person or entity listed on any applicable government sanctions list, including the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List (SDN), the U.S. Commerce Department's Entity List, or any equivalent list maintained by the European Union, the United Kingdom, or the United Nations.
  • Not be located in, organized under the laws of, or ordinarily resident in a country or territory subject to a comprehensive U.S. trade embargo or equivalent sanction administered by the applicable authority in your jurisdiction.

By using Crumb, you represent and warrant that you meet all of the eligibility requirements above. If you do not meet them, you are not authorized to use Crumb.

11. Subscription terms and free tier

Crumb is available in two paid forms: a one-time perpetual license and a monthly subscription. Monthly subscriptions are billed in advance each month. Subscriptions auto-renew unless cancelled before the next billing date. You can cancel at any time from inside the Crumb app under Settings, Manage subscription, or by contacting support at info@theeditorialedit.com; access continues until the end of the current paid billing period. We do not prorate partial months.

Crumb also includes a free tier: one project in Creative mode, forever, with no credit card required. Nerd mode and additional projects unlock when you purchase a license or start a subscription. The free tier is provided at zero cost and with zero liability on the part of tEE beyond what is required by law (see Section 13).

12. Refund policy

All sales of Crumb licenses and subscriptions are final. Because Crumb is a digital software product that is delivered and activated upon purchase, we do not offer refunds except where a non-waivable consumer-protection law applicable to your jurisdiction expressly requires us to do so.

  • One-time purchases: Non-refundable upon delivery and license activation, subject to any non-waivable statutory right in your jurisdiction.
  • Monthly subscriptions: You may cancel at any time. Cancellation stops future charges immediately. The current billing period is not refunded or prorated. Your access continues until the end of the period you have already paid for.

If you believe you have a statutory right to a refund, contact us at info@theeditorialedit.com with your order details and jurisdiction, and we will work with you in good faith.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL tEE, THE EDITORIAL EDIT, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: LOST DATA, LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF tEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) tEE WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS ARISING FROM OR RELATED TO: THE ACTIONS OF CLAUDE CODE OR ANY AI MODEL; AI OUTPUT; THIRD-PARTY SERVICES; AUTONOMOUS MODE OPERATION; CORRUPTED, DELETED, OR LOST FILES; BROKEN BUILDS; LEAKED CREDENTIALS; ANTHROPIC API CHARGES OR ANY OTHER THIRD-PARTY FEES; OR ANY ACT OR OMISSION OF ANY THIRD-PARTY SERVICE.

(c) tEE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO CRUMB, HOWEVER ARISING, WILL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT YOU ACTUALLY PAID TO tEE FOR CRUMB IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) FIFTY U.S. DOLLARS (USD $50.00). THE FREE TIER IS PROVIDED WITH ZERO LIABILITY ON THE PART OF tEE BEYOND WHAT IS REQUIRED BY NON-WAIVABLE LAW.

(d) THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(e) REFORMATION AND SEVERABILITY OF LIABILITY LIMITS. If any court or arbitrator holds that any limitation or exclusion of liability in these Terms cannot be fully enforced as written, that limitation will not be voided entirely but will instead be reformed and reduced to the maximum limitation or exclusion that is permitted under applicable law, so that the fullest possible protection for tEE is maintained. If applicable law requires tEE to bear some liability that cannot be excluded or limited in any degree, tEE's liability will be limited to the minimum amount required by that law.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. To the extent such limitations are not permitted under applicable law, they do not apply to you, and only the minimum limitation permitted by law will apply.

14. Basis of the bargain

You acknowledge and agree that the warranty disclaimers in Section 4, the assumption-of-risk acknowledgments in Section 5, the Autonomous Mode waivers in Section 6, and the limitations of liability in Section 13 are essential elements of the basis of the bargain between you and tEE. The price of Crumb is materially lower than it would otherwise be because tEE is not assuming open-ended liability for the actions of AI models, Third-Party Services, or autonomous processes operating on your machine at your direction. These provisions reflect a deliberate and commercially reasonable allocation of risk that both parties have accepted. tEE would not have made Crumb available to you on these terms without these protections.

15. Indemnification

You agree to indemnify, defend, and hold harmless tEE, The Editorial Edit, and their respective officers, directors, employees, agents, licensors, and successors from and against any and all claims, actions, demands, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of Crumb or any Third-Party Service accessed through Crumb.
  • Your Content, including any AI-generated changes to Your Content.
  • Your violation of these Terms or any applicable law or regulation.
  • Your violation of any Third-Party Service's terms, policies, or rights.
  • Any claim by a third party that Your Content or your use of Crumb infringes, misappropriates, or violates that third party's rights.
  • Your violation of the Acceptable Use Policy in Section 9 or the Eligibility requirements in Section 10.

16. Third-Party Services and links

Crumb launches and displays Third-Party Services. tEE does not endorse, control, or take responsibility for the availability, performance, security, accuracy, or terms of any Third-Party Service. Anthropic, GitHub, and all other third parties referenced in connection with Crumb are independent companies with their own terms and policies. Any links or references to third-party websites or services in Crumb or in this document are provided for convenience only and do not constitute an endorsement.

If a Third-Party Service changes, becomes unavailable, or modifies its terms, tEE has no obligation to update Crumb or to notify you, though we will make reasonable efforts to do so when such changes affect core functionality.

17. Privacy and data

Your projects and session data remain on your machine. Crumb does not upload your code, projects, or session content to tEE's servers. License activation sends only your license key, a hashed machine identifier, and your device hostname to tEE's licensing service for verification purposes. Please see our Privacy Policy (the Quiet Pledge) at privacy.html for full details. Your use of Claude Code through Crumb is subject to Anthropic's privacy policy; Crumb has no control over what data Anthropic receives or retains.

18. Intellectual property

Crumb and all associated intellectual property, including the software, design, trademarks, trade dress, and copy, are and remain the property of The Editorial Edit. Nothing in these Terms transfers any ownership of tEE's intellectual property to you. The CRUMB name and logo are trademarks of The Editorial Edit.

The code you build using Crumb belongs to you. The Crumb software itself does not.

19. DMCA / copyright infringement

tEE respects the intellectual property rights of others and expects users to do the same. If you believe that content accessible through Crumb infringes a copyright you own or control, you may submit a notice of claimed infringement to tEE's designated agent using the contact information below. To be effective, your notice must include all of the following:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material claimed to be infringing and information reasonably sufficient to allow tEE to locate it.
  • Your contact information, including address, telephone number, and email address.
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Designated Agent: The Editorial Edit, info@theeditorialedit.com.

If you believe that material you submitted was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notice. Your counter-notice must include: your physical or electronic signature; identification of the removed material and its prior location; a statement under penalty of perjury that the material was removed by mistake or misidentification; your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district (or Los Angeles County if you are outside the United States), and that you will accept service of process from the person who filed the original notice.

tEE reserves the right to suspend or terminate accounts of users who are repeat infringers.

20. Feedback

If you submit, provide, or communicate any ideas, suggestions, feature requests, bug reports, comments, improvements, or other feedback about Crumb ("Feedback"), you hereby assign to tEE all right, title, and interest in and to that Feedback, including all intellectual property rights. tEE may use, implement, disclose, and commercialize Feedback freely and without restriction, without any obligation, compensation, or accounting to you of any kind. You represent that any Feedback you provide does not contain any confidential information belonging to a third party and that you have the right to make this assignment.

21. Third-party open-source components

Crumb incorporates open-source software components that are subject to their own licenses, which may include the MIT License, the Apache 2.0 License, the Mozilla Public License, and others. These components and their respective license terms are identified in a NOTICES or LICENSES file distributed with Crumb. Nothing in these Terms limits your rights under any applicable open-source license, and nothing in any open-source license limits tEE's rights under these Terms with respect to Crumb's proprietary components.

22. Beta and experimental features; no SLA

Crumb may include features designated as "beta," "experimental," "preview," or "early access." These features are provided for testing and evaluation purposes only and may be incomplete, unstable, or subject to change at any time. tEE makes no warranty of any kind with respect to beta or experimental features, and the disclaimers in Section 4 and the liability limits in Section 13 apply with full force to those features.

tEE does not offer any service-level agreement (SLA) or uptime guarantee for Crumb or any of its components. Crumb is a desktop application that runs on your local machine; its availability depends on factors outside tEE's control, including your hardware, operating system, and internet connection.

tEE may change, suspend, add, remove, or permanently discontinue any feature, component, or aspect of Crumb at any time, for any reason or no reason, with or without notice to you. If a feature you paid for is permanently removed, your sole remedy is to cancel your subscription (if any) going forward; no refund is owed unless required by non-waivable law.

23. Export control and sanctions

Crumb is subject to U.S. export control laws and regulations, including the Export Administration Regulations ("EAR") administered by the U.S. Department of Commerce, and the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of Crumb.

Without limiting the foregoing, you agree not to: (a) export, re-export, transfer, or provide access to Crumb to any person, entity, country, or territory that is subject to a U.S. trade embargo or to any party listed on a U.S. government restricted-party list; (b) use Crumb in connection with any end use or end user that is prohibited under applicable export control law; or (c) use Crumb to develop, produce, or deploy weapons of mass destruction or systems for the delivery thereof.

By using Crumb, you represent and warrant that you are not located in, or a national or resident of, any country or territory subject to a comprehensive U.S. trade embargo, and that you are not on any U.S. government list of prohibited or restricted parties.

24. Force majeure

tEE will not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond tEE's reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, acts of government or regulatory authority, war, terrorism, civil unrest, strikes or labor disputes, power outages, internet outages, third-party service failures, or any other event or condition that is unforeseeable and outside tEE's reasonable ability to prevent or mitigate. tEE will use commercially reasonable efforts to resume performance as soon as practicable following a force majeure event.

25. Electronic communications / e-sign consent

By using Crumb, you consent to receive communications from tEE in electronic form, including agreements, notices, disclosures, and other documents. You agree that electronic communications satisfy any legal requirement that such communications be in writing. You further agree that your in-app affirmative acceptance of these Terms, your clicking or tapping any acceptance button or checkbox, or your continued use of Crumb after having been presented with these Terms, constitutes your electronic signature and is as legally binding as a handwritten signature to the same extent under applicable law.

tEE may retain records of your consent electronically. You have the right to obtain a paper copy of any electronic record by contacting us at info@theeditorialedit.com. You may withdraw consent to electronic communications at any time by contacting us, but doing so may affect your ability to use Crumb.

26. Termination

tEE may suspend or terminate your license and access to Crumb at any time if you breach these Terms. Upon termination, the license granted in Section 2 ends immediately and you must cease all use of Crumb.

You may stop using Crumb at any time. Subscription cancellation is addressed in Section 11.

Survival. The following sections survive any expiration or termination of these Terms: Section 3 (The House / Conduit Principle), Section 4 ("As Is" Disclaimer), Section 5 (Assumption of Risk), Section 6 (Autonomous Mode), Section 7 (No Professional Advice), Section 8 (User Responsibilities), Section 9 (Acceptable Use Policy), Section 13 (Limitation of Liability), Section 14 (Basis of the Bargain), Section 15 (Indemnification), Section 18 (Intellectual Property), Section 20 (Feedback), Section 21 (Open-Source Components), Section 25 (E-Sign Consent), Section 27 (Governing Law and Arbitration), Section 28 (Jury Trial Waiver; Claims Time Limit), and Section 29 (General Provisions), and any other provisions that by their nature should survive termination.

27. Changes to these Terms

tEE may update these Terms at any time. The effective date at the bottom of this page will be updated to reflect the date of the most recent revision. If we make material changes, we will notify you via email (if you have an account with us) or via a notice within the Crumb app. Your continued use of Crumb after the effective date of any updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using Crumb.

28. Governing law, disputes, and arbitration

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

Informal resolution. Before bringing any formal claim, you agree to contact tEE at info@theeditorialedit.com and describe the dispute in reasonable detail. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days before initiating arbitration or litigation.

Binding arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or to your use of Crumb (including any question of whether it is arbitrable) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, rather than in court. The arbitration will be conducted in Los Angeles County, California, or, at your election if you are an individual consumer, by telephone or video. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. YOU AND tEE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. All claims must be brought in an individual capacity. If a court finds this class action waiver unenforceable, the entire arbitration clause will be void and the parties will litigate in a court of competent jurisdiction located in Los Angeles County, California.

Exception. Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm while arbitration is pending, without waiving the right to arbitrate.

Some jurisdictions do not allow mandatory arbitration of certain consumer claims. If you are in such a jurisdiction and the arbitration provision is found unenforceable as applied to you, disputes will be resolved in state or federal courts located in Los Angeles County, California, and both parties consent to personal jurisdiction and venue there.

29. Waiver of jury trial; time limit on claims

Waiver of jury trial. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE BINDING ARBITRATION CLAUSE IN SECTION 28, BOTH YOU AND tEE WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF CRUMB.

Time limit on claims. Any claim or cause of action you may have arising out of or relating to these Terms or your use of Crumb must be filed within one (1) year after the claim or cause of action arises. Claims not filed within that period are permanently barred to the fullest extent permitted by applicable law. This time limit applies regardless of any statute of limitations that would otherwise apply.

30. General provisions

Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect. If a liability limitation is held unenforceable, it will be reduced to the maximum limitation permitted rather than voided entirely (see also Section 13(e)).

No waiver. tEE's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged and agreed to in writing by tEE.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and tEE regarding Crumb and supersede all prior agreements, representations, and understandings, whether written or oral, relating to that subject matter.

Assignment. You may not assign these Terms or any of your rights under them without tEE's prior written consent. tEE may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and tEE.

No third-party beneficiaries. These Terms are for the sole benefit of you and tEE and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or will confer any legal or equitable right, benefit, or remedy of any kind on any other person or entity.

Headings not binding. Section headings in these Terms are for convenience only and have no legal or contractual effect.

Binding acceptance. Your in-app affirmative agreement to these Terms, together with your continued use of Crumb after acceptance, together constitute your binding acceptance of these Terms. The in-app acceptance is recorded electronically with a timestamp, the then-current version identifier of these Terms, and your app version. That record is the authoritative evidence of your acceptance.

31. Contact

Questions about these Terms:
The Editorial Edit
info@theeditorialedit.com

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