HooDooWare Limited (HooDooWare) is a company registered in Scotland (company no. 542944). MyCrate software application (MyCrate or App), associated Services and features or functionality (Services) and Website are owned by HooDooWare. HooDooWare reserves all rights of the App, any variant or derivation of the application, all Services with the App or variant or derivation thereof and the HooDooWare Website.
HooDooWare Limited is a company registered in Scotland (company no. 542944).
Refer collectively to the Terms of Usage and Privacy Policy, set out in the sections below. These 'Terms' are collectively known as the 'Terms'.
The MyCrate Application (Licensed Application or Licensed App)and associated services and features.
Those services associated with the App, including but not limited to cloud storage, sharing content or data and inviting users in relation to the App and its functionality set.
The Mycrate website.
Changes in the Application, Services or Website or the Terms of Usage and Privacy Policy. These are applied from Time to Time.
Refers to, but not limited to, media, material such as written text, data files (other than data types as defined by 'Your Data' below), music, images, photographs, captures, graphics, sounds, video media or User Submissions in any format that the user may have saved, written, stored, shared or created within the App or associated Services. A Capture may refer to any of the items deemed to be Content; It may also be defined as a fundamental object in the data model in relation to Content. Content may refer to Your Content or Shared Content or both, as per the definitions below:
Any Content that you have saved, written, stored, shared or created within the App or associated Services into your Crates
Any Shared Content originally received from other users and then subsequently (by you) either edited, saved, moved, subsequently re-shared by you to other users, modified, copied or stored within the App or associated Services
The former Shared Content of another user (or users) when the sharing permissions of the Crate (shared by you) are removed from that user (or users) and the other user (or users) Content is still present in your Crate or if the Ownership of a crate changes to you
Your Content excludes any data supplied for your registration profile purposes or data which you agreed to share via our Privacy Policy
Content other Users have made available to you via a shared crate that you have access to
Content (your Content) that you have made available to other users via a Shared Crate that you have access to.
(End User) A private individual, not part of or acting on behalf of an entity or organisation, that uses the Application.
A storage area or folder that a User collects or organises Content within
A crate that a user has invited other users to or a crate you have been invited to, that multiple users may have the ability to store Content within.
The action of a User:
offering to give access to a crate or crates and associated Content, to another User
agreeing or accepting to receive access to another User’s crate or crates and associated Content confirming access to a crate or crates and any Content that may be assigned
The phone numbers or email addresses and other associated data either within your device address book or that a User enters directly into the App or Services or migrates into the App, or from users that you accept sharing invitations from.
Your data excludes Your Content (as defined above) but may include and not be limited to any of the data types described in the Privacy Policy section of these Terms, for example:
Information provided by a user, for the purposes of account registration, function or administration of their account, which may include both essential information and any voluntary information a user may provide. May also include Your Contacts
Analytics data or information gathered either directly or indirectly, as a consequence of using the app, services or website, either individually or as a consequence of Shared Crate or Group.
Data arising from interactions or communications with us or our customer support function
Data collected from promotional activities
Data collected for the purposes of Subscription
Testimonials
A non-binding request, question or statement or message issued by a user to other users of a particular shared crate. This shall be deemed a feature of the App.
The Task may be created and distributed appertaining to a particular Capture * within a Shared Crate
The status, topic and nature of a Task may be edited or monitored by other users which have access to that Crate and Capture
A unique user profile registered with the App.
An account held by an Unsubscribed User with 28 consecutive days of no activity. A Dormant account has registration data only and no User Content storage.
A user that is not currently paying for a subscription.
A user may pay a fee in advance, to increase their storage capacity for User Content, for a defined period of time.
A User that has paid for a subscription for a defined period of time.
Usage shall be defined as the total overhead a user (or users in the context of Shared Crates and Content), may place upon the App and associated Services, either singularly or cumulatively over a period of time (determined at the sole discretion of HooDooWare).
Shall be defined as Usage that exceeds the total overhead allowed for an account (determined at the sole discretion of HooDooWare) either by a single user or by shared access of other users to Crates and Content for that account.
Any type of Content a User may submit for storage to the App
So you (the User) can register for the use of the App, Services and Website, you need to agree to our Terms of Usage and Privacy Policy (collectively known as the Terms).
To agree to these Terms you must be of a minimum or greater age which has the authority to agree, required by your country or territory. This should be the age where you are defined as having legal control over your person, actions, and decisions. You affirm you are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations and warranties set forth.
The use of the App and Services are intended for persons who have the authority to agree to these Terms. Any use of the app or services by persons younger than this must be with parental or guardian approval. If you are younger than the required age to agree to the Terms, please ask your parent or guardian to read these Terms with you. They must agree to them on your behalf.
The minimum age for using the app or services with parental or guardian approval is 13 years old. If you are younger than 13, you may not register for or use the App or Services.
The Terms are concluded between HooDooWare and you (the User) solely and not with any third party such as Apple or Google.
By downloading the App and accepting the Terms, you accept these Terms. The Terms shall apply to the use of the App, Services or Website. From time to time, HooDooWare may, in its sole discretion, modify or 'Update' the App, Services, Website and Terms. We may attempt to notify you about any such changes; however, your continued use of the App and or associated Services shall be deemed as agreement by you to any update and acceptance of changes to the Terms. We encourage you to check the Terms for updates from time to time. Should you disagree with the Terms, stop using the App and associated Service immediately and delete your profile. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
The license granted to the User for the App is limited to a non-transferable license to use the Licensed App. In the case of Apple users this may be on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
You agree that your use of the App and associated Services is as a private, individual user, as defined above and not part of or acting on behalf of an entity or organisation.
You agree that any dispute arising between you and HooDooWare shall be resolved by binding, individual arbitration only and you waive your right to participate in a class action lawsuit or class-wide arbitration.
You agree to any Third Party Terms of Agreement that you must comply with and are applicable and or as set out in these Terms, when using the Application.
For Apple Users: HooDooWare and the User agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the User as a third party beneficiary thereof.
You agree you are Legally Compliant with respect that the User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
For Apple Users: HooDooWare, not Apple, are responsible for addressing any claims of the User or any Third Party relating to the Application or the end- user’s possession and/or use of that Application. Including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
For Apple Users: HooDooWare is solely responsible for providing any applicable maintenance and support services with respect to the Application, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
You agree that your use of the App, Services and Website shall be at your own risk. The MyCrate App, Services and Website are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, HooDooWare (including but not limited to its officers, directors, employees and representatives) and its agents disclaim all warranties expressed or implied, in connection with the App, Services and Website and your use thereof. HooDooWare makes no warranty guarantees with respect to the use of the App, Services or Website. HooDooWare does not warrant or make any claim that the App or Services will be compatible with your device, data service or wireless data service. You agree that any use is entirely at your own risk and that HooDooWare provide the App, Services and Website as they are presented, with any bugs, defects or faults as may be found from time to time. You agree that by the use of the App, Services or Website either aware or not, of any such bug, fault or defect, you bear the entire risk and hold HooDooWare harmless.
HooDooWare does not guarantee the suitability or connection or access to the App or any associated Services, third-party applications, external hardware, personal hardware, cloud-based storage or any other storage medium that may be used in relation to or for the operation of, the App, associated Services or Website or the access to Content. HooDooWare does not guarantee the original integrity, resolution or quality of any Content stored within the App or associated Services and you accept that they may be subject to change without notice. HooDooWare takes no responsibility for preserving or storing the Content or Data of any user perpetually or any specific time period and encourages Users to save and back up Content or Data outside of the App or associated Services.
HooDooWare does not warrant Content that may be stored, created or shared through the use of the App or associated Services, either as a single user or as part of a shared crate with other users, either directly or indirectly, including the loss or degradation of Content, presentation of the Content or interpretation of the Content in whole or part, or time-based access claims to any such Content. HooDooWare does not warrant or take responsibility for linked outcomes or expectations of any Content in relation to events that may rely upon the app, tasks, services or stored content, present or future. HooDooWare does not warrant Tasks that Users may distribute to other Users within a Shared Crate with the expectation that those Tasks will lead to an outcome in part or full, intended or not.
HooDooWare does not warrant that the choices or directions a User makes or informs with the App, Services or Website will conform with any applicable laws that may apply. This shall include but not be limited to Tasks set by a User or Users within a Shared Crate to direct or inform the actions of other Users or Third Parties. The App and associated Services should not be used to inform or direct the legal choices of Users or how they may be affected by the law that may govern those choices. As with the purchase or use of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate; potentially seeking professional advice for any such choices that may have legal or material consequence to you or others.
HooDooWare does not warrant that the Tasks set by you or other Users through the feature of Shared Crates and associated Captures shall constitute any binding relationship or obligation between you and the other Users. HooDooWare takes no responsibility for the content, nature or outcome that may arise, in full or part from the issuance of a Task or Tasks by a user to another User or third-party.
HooDooWare is solely responsible for any product warranties, expressed in these Terms or expressed by or implied by law.
For Apple Users: In the event of any failure of the Licensed Application to conform to any applicable warranty, liability or limitation, the User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that User as set out in section 4.0; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
The aggregate liability that HooDooWare will accept in the event of any damages or claims being sought and subsequently awarded if found valid, shall not exceed the Subscription fees that have been charged to the claimant by HooDooWare (directly or indirectly through a third party) for the App or associated Services via a subscription fee. The maximum time period a User may claim for any damages is one(1) billing period, defined as 28 days or 1 month. You accept that in the event of any refund claim involving any Subscription fees, the entitlement to refund of such fees will expire after 28 days of purchase date and entitlement of the refund will be entirely at the discretion of HooDooWare. You may not recover any other damages or losses, either direct or indirect, consequential, punitive, incidental, special, lost profits, legal fees or expenses of any kind related. You agree that your exclusive remedy is limited to the above and that this will apply, even if this does not fully compensate you for any losses. To the maximum extent permitted by law, the limitations above apply to any claims related to the App, Services, Website or these Terms.
The use of the App and Services are intended for persons of such age who have the authority to agree to these Terms. Any use of the app by persons younger than this (a Minor) must be with parental or guardian approval. By giving such approval and any access or use of the App or Services (directly or indirectly) to a Minor, you accept any consequences, losses, consequential loss or actions arising as a result of giving such consents. You accept any consent you give to a Minor (direct or indirect) is entirely at your own risk and HooDooWare will not be held liable.
You agree that your use of the App, Services or Website shall not contradict any governing law that may be applicable and that any infraction of this rests entirely with you. Any claim arising from third parties or beneficiaries as a result of such interpretation or use, shall be the responsibility of you and HooDooWare will not be held liable.
The access and use of the App and Services may require compatible software, hardware devices and internet access. Periodic updates may be required to ensure access. You agree that meeting those requirements is entirely your responsibility.
By using the App and associated Services you agree that HooDooWare shall not be liable for:
Any Content or Task that is illegal, defamatory, may harm or risk harming, incite hate or prejudice. You accept that any resulting liability from such Content or Task rests entirely with you.
Any fees and taxes associated with your use of our App or Services.
Any Content or Task that affects third parties, not limited to but including, your beneficiaries or exclusion of them, the value of any assets, sale or timing of sales of assets, settling of invoices or the timing of or misrepresentation of assets or persons that you associate to them.
Any choices or decisions you make relating to the use or interpretation of Content or Tasks. You accept that they are made entirely at your own risk.
Any losses or outcomes arising from the use of third party applications or social sharing functions that may allow the user to move or share Content or Your Data from MyCrate to another application.
Any interpretation claims or translation of language claims arising from use of the App, associated Services and website. The App, associated Services and website are made available in the English (UK) language. Any features or parts thereof you access are done so entirely at your own risk.
Any losses arising out the unauthorised use of your account or your Content. Do not share your login details with anyone. You are responsible for keeping and maintaining the security and confidentiality of your account with MyCrate.
Any losses or outcomes arising out the unauthorised use of Content originating within Shared Crates related to your account. This may include, but not be limited to, any account directly or indirectly related to that shared crate. You accept that the actions of other users invited to those crates that may have lost control of their account, may affect you and this is a private matter between you and the other Users you have shared the Crate with.
Any Content:
that you or another user invited to a shared crate, edits, saves, modifies, deletes or degrades in any way
that a User may forfeit or lose as a result of their account being deleted that a User may forfeit or lose as a result of a different User account being deleted that shared content deleted as a result of an account being deemed dormant.
The security of any user account and any resultant outcome of losing control of any account or security of that account, that may effect that user directly or as part of a shared crate or group of users.
By using the App and associated Services you also agree:
any access you give to Content, either directly or indirectly, is entirely at your own risk and HooDooWare will not be held liable
should you share a Crate and or any associated Content through the MyCrate App, or associated Services, that you take full responsibility for the nature and the suitability of the Content to be shared with any user you invite to that crate and any outcomes that may arise as a result of sharing that Content (Where the Content may be Your Content or Shared Content) are entirely yours and at your own risk. This shall include but not be limited to any Tasks you or other Users may distribute, request or direct in the course of using the App and any outcomes that may arise as a result, either directly or indirectly.
should you accept an invite to share a Crate and or any Content through the MyCrate App and associated Services from another User, that the action of sharing content between two or more Users is an entirely private matter between those Users and HooDooWare shall not be held liable. This shall include but not be limited to any Tasks you or other Users may distribute, request or direct in the course of using the App and any outcomes that may arise as a result, either directly or indirectly.
Any consequences, results or actions from any Tasks set by you to yourself, to other users or Tasks that other users set to you are a private matter and you agree HooDooWare shall not be liable
Failure to act upon Tasks set by you to yourself, to other users or failure by you to act upon Tasks set by other users is a private matter between you and those users and you agree HooDooWare shall not be liable
HooDooWare may set, change or impose limits on user storage or the use of associated services. Any such changes may affect your use of the application or associated services, including but not limited to, number of users, rate of usage of the App or associated services, content, access to the content or the quality of the content. You accept that at their sole discretion, HooDooWare may affect such changes at any time, with no obligation to notify users.
your use of The App or Services shall not make you or any third party’s business an associate of HooDooWare (or any HooDooWare subsidiary)
Unfair Usage of the App and Services may result in suspension or termination of the account or the accounts associated through Shared access to Crates
Any decision on any User account being deemed 'Dormant' and the consequential deletion of User Content, is entirely at the discretion of HooDooWare and they are under no obligation or resultant liability to contact a User to inform them of the decision their account has been made Dormant and any associated Content has been deleted. You accept that there is no obligation by HooDooWare to give any further notice period prior to the account being declared Dormant and subsequently deleted
any user content may be deleted in the course of a User downgrading their Subscription or becoming Unsubscribed. The consequential deletion of User Content, is entirely at the discretion of HooDooWare and they are under no obligation or resultant liability to contact a User to inform them of this or to make good or reinstate any such Content once it has been deleted
To hold HooDooWare harmless for any deletion of User Content or Account Data
If you access the App or Services from any type of device, including but not limited to a mobile device, that you are responsible for any and all arrangements necessary (Any costs, financial or otherwise) to access the App and Services, including but not limited to:
the use of mobile devices, data services or wireless data services
Any cost you may incur, or additional charges from a wireless provider or any other provider, when you use the App or Services
From time to time we may update the App or Services at our discretion. You agree that by accepting any updates:
directly or any update indirectly associated, that there may be costs associated with receiving them and that they are entirely your responsibility
HooDooWare does not accept any liability incurred as a result of installing any software to your device; either directly needed or indirectly required to support an install.
Should you or anyone bring a claim against HooDooWare, relating to your actions or the use of the App or associated Services, either directly or indirectly, you agree to defend, indemnify and hold harmless HooDooWare its directors, officers, employees and agents from and against any and all claims, damages, liabilities, losses, special circumstances, any legal fees and any other related expenses. Any claim may include, but not be limited to:
The use of and access to, the App and associated Services, Content, features or functionality
Your breach of the Terms
Representations or Misrepresentation you may have made either directly or indirectly, intentionally or unintentionally through the use of the App or associated Services, Your Content or Shared Content stored on the app or shared from the App or associated Services
Consequences, results or actions from any Tasks set by you to yourself, to other users or Tasks that other users set to you
Failure to act upon Tasks set by you to other users or failure by you to act upon Tasks set by other users
Any Content or intent of Content conveyed using the App or associated Services that contradicts the interpretation of applicable law you may be subject to or countries, jurisdictions or territories that the Content has transited or effected
Violation of third-party rights, including but not limited to any property, privacy, copyright or any claim that a user submission caused damage to a third party
Any use of the App or associated Services acting on behalf of a minor, either as their legal guardian or representing them or allowing access, either directly or otherwise
Breaching any data disclosure agreements with respect to Content, intentionally or unintentionally with other parties and consequences that may arise as a result, directly or indirectly.
Any loss of Content by whatever circumstance including but not limited to:
transitioning subscription levels
becoming unsubscribed
account being deemed dormant.
Loss of access to or use of the App and Services:
transitioning subscription levels
becoming unsubscribed
account being deemed dormant
You agree that this indemnification obligation will survive the Terms and your use of the App and associated Services.
So that you (the User) are aware, you should familiarise yourself with the definition of Content, Your Content and Shared Content and Tasks, as defined in the Definitions section. You Acknowledge that by using the App or associated Services that any Content that you save, store, edit, delete or share is the sole responsibility of you, (the User) or in the case of Shared Content, a private matter between you and the other Users that share the Content . You agree that by using the MyCrate App or associated Services, you may from time to time:
Invite other Users to share your crates (by mutual agreement)
You as the owner of a shared crate may unilaterally bestow administrative privileges upon those users that accept your invite to share a crate and that those privileges or resultant related actions effect you or other users of that crate
Receive and accept invites from other Users to share their crates (by mutual agreement)
After accepting an invitation to a shared crate, you may have administrative privileges bestowed upon you by the original owner of the crate and that those privileges or resultant related actions may effect you or other users
Only the original owner and administration users of a shared crate can control the access permissions of other Users to that crate and you accept that:
You may revoke User access from crates you have shared, with no notice given and HooDooWare accepts no responsibility
You may have your access removed from shared crates that were not originally yours, by other Users, with no notice given and HooDooWare accepts no responsibility
When you share a crate or accept an invite to another user’s crate, the Content within that crate may be viewed, edited, saved, modified, copied, deleted or distributed by those Users that have access to the crate, including you. Those users may also contribute Content to that crate. They may also delete Content from that crate, which may include your Content.
By the action of either inviting other users to share your Content via a crate or accepting an invite from other users to share their crates, you accept that:
Your Content may be affected by those users
You may affect their Content
You may not be able to control which users are invited into shared crates that you are not the original owner of, or the Content that they share or affect or distribute
Your ability to control or safeguard such Content within a shared crate is a private matter between you and those users within the Shared Crate
Be aware that the action of sharing crates could expose Content that you and other users have stored within those crates. In the event the Content is deemed by you, other Users or third parties, to be offensive, unsuitable, indecent or objectionable in anyway, you agree that HooDooWare:
Does not claim any ownership of Content
Has no responsibility for screening, moderating, moving, removing or modifying any Content
Is not liable for any claims resulting from such Content or access to it
Has no liability resulting from a user removing access to a shared crate, that they own, at any time, without notice
Has no liability of any actions of a user with administrator privileges related to the crate
You agree that a User is responsible for their content and if required, keeping a separate back up of that Content secure. HooDooWare encourages Users to keep copies of their content and any important data stored outside of the MyCrate App, Services or Website.
Content and removing shared access of a User from a crate:
If you are the original owner of a crate and you choose to remove all sharing (users) from that crate, then:
Any Content within the crate will still be available to you regardless that the shared users have been removed and they may have originally deposited that content within the crate. The content will still be available to you in the crate until you delete that Content
Any Content another User has previously copied from the shared crate to another crate, device or application or medium (capable of storing that Content), will not be deleted
Any Content that you shared was and is, entirely at your own risk and is entirely your responsibility
Any Content that you retain in the crate, regardless of origin, is entirely at your own risk and is your responsibility
If you are invited to share a crate by the original owner of a crate and the owner chooses to remove your access to that crate, then:
Any Content within the crate will not be available to you, regardless of the origin of the Content
Any Content you have previously copied from the crate to another crate, device or application or medium (capable of storing that Content), will not be deleted
Any Content that you shared was entirely at your own risk and is entirely your responsibility
If you issue a Task to another user or users you accept:
That the content and intent (as interpreted, intended or otherwise) of the Task is a private matter between you and the other users, is entirely at your own risk and is entirely your responsibility
That the Task may or may not be received and viewed by the intended User or Users
That the Task may or may not be received and viewed by the intended User or Users in a time period that recognises the nature or content of the Task
No guarantee or warranty is given that the Task will be carried out or that the Task was received in full or part by a particular User
That the task may not be interpreted as intended by the author
That all users of the Crate may not see the Task
If you receive a Task from another User or Users you accept
That the content and intent (intended or otherwise interpreted by you or others) of the Task is a private matter between you and the other users, is entirely at your own risk and is entirely your responsibility
All rights, title and interest in and to all materials that are part of the App, Services and Website (including but not limited to the designs, graphics, workflows, pictures, video, information, know how or other files that are integral to the function or features), excepting Your Content, collectively are referred to as the Intellectual Property (IP) and are owned by HooDooWare.
HooDooWare may use and approve Third Party IP from time to time within the App, Services or Website. It acknowledges and does not claim IP ownership, of such Third Party IP. Use of such Third Party IP by HooDooWare will be by direct agreements. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by using, downloading or consuming the App, Services or Website.
In the event of any third party claim that the App or the User’s possession and use of the Application infringes that third party’s intellectual property rights, HoooDooWare and the User, (not Apple in the case of Apple users), will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
From time to time you may send or communicate suggestions, modifications, enhancements, ideas or comments (known as feedback) to HooDooWare. You agree to assign to HooDooWare any and all rights, title or interest to any such feedback. HooDooWare, by its sole discretion, will have the right to incorporate, use, consume or distribute any and all feedback you may share, as its own and use this material in any format whatsoever for commercial purpose or otherwise, in any of its software products. No claim may be made in relation to any such feedback. No claim may be made, either in whole or part, as entitlement to share IP. This agreement does not grant you any IP rights in the App, Services or Website or any other HooDooWare software or services.
Certain features and functionality of the App and associated Services may offer the ability for you to share Content or receive access to other User Content. This requires the contact details of other individuals or Users. To do this, you agree to give the App and associated Services access to your device address book, or to any contact information you directly enter or migrate into the App of those individuals you may select to invite to a Crate. This may also include contact information transferred through or from third party applications that you have chosen to link to the App and associated Services.
Invites extended by you to others or accepted by you from others, are qualified by your own personal judgement. You agree that you do this at your own risk. You agree that by accepting any invitations, bestowing any permissions, authorities, sharing any Content or inviting persons directly or indirectly or by participating in any form or action of sharing Crates or Content, that HooDooWare assumes no liability for any consequence or actions resulting.
You may also receive invites from other Users via SMS, other third party applications, email or directly through the App or associated services and that such invites may be from both current known contacts or unknown. You accept that HooDooWare does not warrant or qualify the individuals, persons or contacts, known or unknown, that you may invite from time to time under this functionality, to your shared Crates. Similarly, any invite you accept from other Users, Known or Unknown, should be treated with caution and you must satisfy yourself entirely of the identity and intent of any invite.
HooDooWare is committed to your privacy. We want to show how transparent we are when it comes to what, why and when we use your data. Understanding what data we have access to, and most important, what data we do not have access to.
This Privacy Policy sets out how MyCrate uses any information about a user with respect to the App, Services or Website (Privacy Policy), it is part of our Terms. This Privacy Policy may be changed from time to time in accordance with law or functionality or services that may be offered. The MyCrate Website will hold the most up to date version of the Terms. This Privacy Policy will help you stay informed about our information practices and ways that you can protect your privacy. We encourage you to periodically review this policy for the latest information on our privacy practices.
The Privacy Policy aims are:
What type of information we collect about you, why we do this and who we may share it with
How we consume or process that information
Your choices and rights in relation to that data and how we protect your privacy.
Please review the following carefully so that you understand our privacy practices. By accepting the Terms (which includes this Privacy Policy), you are agreeing to both the Terms and Privacy Policy. If you do not agree, then do not accept the Terms and stop using the App, Services or Website. It is entirely your choice to use the App, Services or Website and by continuing your use, you are agreeing to the Terms and this Privacy Policy. If you choose to discontinue your use, you may stop using the App, Services and Website at any time and delete your account…You may also contact our Customer Support Team to enquire about any data we may hold about you and your rights concerning this.
Where you live determines how our Privacy Policy may affect you and any data that may be collected or used. Please review the disclosure of information section below for further details on how we share Your Data across borders and how we protect that data. If you have any concerns, please contact our Customer Support Team in the first instance.
When you download the App or access our Services or Website, you will need to register your user details to create an account. Information we collect may include first and last name, e-mail address, mobile phone number, home address, date of birth, any payment methods (if applicable) and other personal information used to identify you for security purposes, to verify and create a security password. This allows us to create your account.
You may also choose to provide HooDooWare with images of yourself to depict or represent your profile to other users. This depiction information may be shared with other users.
Your Contacts are as defined in the Terms. Access to Your Contacts enables sharing functionality with other users. They are required for you to be nominated or invite other users to Share Content via Crates. This is not an optional setting and a default condition of using the App and Services. Your Contacts and the associated data are copied and stored within the app alongside any contact details you directly enter into the App. If any of Your Contacts are not yet users of MyCrate, then this information is only used to enable sharing functionality, should you nominate that Contact within a Crate or Group.
When you register your account or use the App or Services, your approximate location may become available from some of the Device and Log information we collect. This information is a biproduct of essential information we need to collect for the App and Services to function and is not the primary purpose of the App. Your exact location will not be determined. Any approximate location information may be used as described in this privacy policy.
Your Content is as defined by the Terms. MyCrate does not directly access, edit, moderate or view any of Your Content. Your Content is not shared with third parties by MyCrate or their partners.
MyCrate may collect analytical data about your content including but not limited to format of content, size, storage habits or when you create or delete content within a Crate or Shared crate. As per Rights of Monitoring, Suspension, Dormant Accounts and Termination section of these Terms, we reserve the right to retain any relevant information as may be required by the legal authorities within the jurisdictions that we operate in or you reside in, which may in turn be shared with those same authorities as per any legal requirement.
You may invite other users to a shared crate and thus create a group of users that has this access. You may name this group and provide other descriptive profile information. Mycrate and partners collect this information when you create, edit, update or remove a group.
Information that we collect automatically from the App, Services or Website may include the following:
Log Information: We log information about your use of the App, including but not limited to the access times, pages viewed, your IP address and mobile number.
Device Information: We collect information about the mobile device you use to access the App, Services or Website including the hardware model, operating system and version, unique device identifiers (including, for example, a UDID, Unique ID for Advertisers, Google Ad ID, or Windows Advertising ID) and mobile network information.
Location Information: We may collect and determine your approximate location information from your Log information and Device information. The App and Services do not track or log your exact location. We may use this information from time to time as described in the privacy policy.
When completing our personal information forms, we may also collect additional information, on an entirely voluntary basis. Those voluntary fields and related information are entirely optional and may be used to further enrich your account profile, assist with or nominate other third-party services. You may opt to not divulge this information.
We use information collected through your use of the App, Services or Website to operate, maintain, support, enhance and provide you the features of the App, Services and Website for our internal business operations. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers, which may be located in the United Kingdom or the European Union.
We may use your information as follows:
We may use your information to communicate with you, such as to send you email or text messages, push notifications, to offer information about the App, Services and Website and your account. To provide updates on the status of your application, to offer you promotions and/or products, to alert you when offers are expiring and to ask about your satisfaction with the App, Services or Website. We may also send you App, Services and Website related emails or messages (such as account verification, Contact invite information, security notices changes or updates to features of the App, Services or Website).
We may use your International Mobile Equipment Identity (IMEI) number to help diagnose problems with your mobile device and to administer the Application. Your IMEI number is also used to gather broad demographic data.
We use information collected from users of the App, Services and Website in the aggregate, so that we can improve our App, Services and Website performance, along with business and administrative purposes.
We may disclose any information we collect about current and former customers, including non-public personal information, to affiliates and non-affiliated third parties as follows:
With another user, when you sign up for the App, Services or Website via a referral link. The user that referred you may receive information indicating that you have enrolled with MyCrate. You may avoid this sharing feature by not using a referral link to enrol
Other parties you choose to share data or communicate with through the App, Services or Website With non-financial companies, such as email application providers that perform marketing applications on our behalf, and fraud prevention application providers that use the information to provide applications to HooDooWare and other companies
With other non-affiliated companies for our everyday business purposes, such as to operate our business, maintain accounts and respond to court orders and legal investigations. For example, in connection with our everyday business purposes, we may share information about you as follows:
If we believe your actions are inconsistent with the spirit or language of our Terms, user agreements or other policies, or to protect the rights, property and safety of HooDooWare, their partners or others.
With our third party application providers who provide applications on our behalf, provide customer support, perform application related applications (such as and without limitation, maintenance applications, database management, web analytics and improvement of the application features) or to assist us in analysing how the App is used; provided these third parties have access to your personal information only to perform these tasks on our behalf, and we will contractually require them to protect and safeguard your personal information to at least the same extent that we do.
In connection with, or during negotiations of, any merger, sale of HooDooWare’s assets, financing or acquisition of all or a portion of our business to another company, or in the event that HooDooWare goes out of business or enters bankruptcy, (and you acknowledge that such transfers may occur, and that any acquirer of HooDooWare or its assets may continue to use your personal information as set forth in this Privacy Policy).
With your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.
We may also aggregate or otherwise strip Your Data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
HooDooWare, is a registered company in Scotland and as a former part of the EU and in line with the UK Data Protection Act, the current principals we have adopted are the General Data Protection Regulation (GDPR). This regulation gives rights to individuals with respect to their personal data. Below we describe how you may access, change and alter your personal information and how it is used through our access controls. If you need any further information, we encourage you to read the full GDPR published by the EU or the DPA published by the UK. However, our customer support service will address general queries you may have related to your account and in support of complying with the regulation.
You may edit your account profile information by logging into your account via our App. If you wish to delete or deactivate your online account, this feature is available within the settings. It may take up to 90 days to delete an account. Note that we may retain certain information as required by law or for legitimate business purposes, for a set period of time. If you have any questions about reviewing, modifying or deleting your account information, you can contact us directly at help@hoodooware.com.
You may opt out of receiving promotional emails and text messages from HooDooWare by following the instructions in those messages. Please note that if you opt out, we may still send you transactional or relationship messages, such as those about your account or our ongoing business relations.
When you contact us with respect to customer support enquiries or other reasons for communication, the information you provide may be used by MyCrate. Such information may be related to the use of the App, Services or Website, or may contain additional data or copies of Your Content (that you have voluntarily shared through this communication) required to support your communication or request. This information may be stored within our Customer Support Data Base. Inline with our Privacy Policy a user may request that all personal information be removed.
Our App, Services and Website includes social sharing features for common social networks to let users share content. These features are served from third-party applications that may serve their own cookies. The use of such features may enable the sharing of information (which may include Your Content, Your Data or Your Contacts) with your personal contacts or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide those features. HooDooWare is not responsible for the practices employed by the third-party providers of social sharing features or platforms. Note that the MyCrate Privacy Policy may not be the same as those third parties and we encourage you to satisfy yourself that their policy is acceptable to you. You agree that should you choose to use such third-party applications or features, through or in conjunction with MyCrate app or services, that it is entirely at your own discretion and the MyCrate Terms shall apply.
From time to time we may display testimonials of Users on our App or Website, together with other endorsements. Such endorsements may be taken from our social media feeds or from any communications with us. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at help@hoodooware.com.
Cookies are the small files a website or application saves on your device when you visit the website or use the App or features or functionality of the associated services. We use necessary cookies to make our App, associated Services and Website work or in some instances, work more efficiently. Cookies can also provide information to HooDooWare on App, associated Services or Website use. In some cases, this may include optional cookies such as:
Analytics cookies to help us improve our services, or functionality
Third party services or interest base advertising that may be relevant to your use or profile
Cookies cannot look into your computer or read Your Content.
We reserve the right, but have no obligation, to monitor any account usage and/or activities conducted through or related to the App or Services
At our sole discretion, we reserve the right to suspend your account or access to the App or Services in whole or part, at any time, with or without, cause, notice or legal requirement. This may also apply to other users that may have access to your Shared Crates and associated Content. Account Suspension of other users that have given you access to Shared Crates and Content may also affect your ability to access those Crates or that Content
Account Suspension may be applied for the reasons below but not limited to:
Violation of the Terms
Use of the App and associated Services that may be deemed, at our sole discretion, to be Unfair Usage:
by you as a single user
A consequence of the Usage of other users you have given access to your Shared Crates and Content
A consequence of the Usage you have incurred to other users Shared Crates and Content
Use of the App and associated Services by you as a single user or as a consequence of other users you have shared content with, that may be deemed, at our sole discretion, to create risk or possible legal exposure for any user, HooDooware Ltd, or any other Third Party
Suspension of the App or Services in whole or part
Discontinuation of functionality relating to the App or Services
Technical issues
Unexpected security issues or problems
If you have requested HooDooWare to delete your account or you have manually (intentionally or unintentionally) deleted your account
HooDooWare reserve the right to retain any relevant information as may be required by the legal authorities within the jurisdictions that we operate in or you reside in, which may in turn be shared with those same authorities as per any legal requirement
A Dormant Account contains registration data only and has no storage for User Content or Crates. Dormant status may be applied to an account that is an Unsubscribed Trial User account with 28 consecutive days of no App activity.
You accept that from time to time, HooDooWare reserve the right to audit for and identify Dormant Accounts.
You accept that once HooDooWare have identified such an account, that Dormant Status may be applied to it and HooDoWare reserve the right to do this at their sole discretion and effective immediately. You agree that HooDooWare are under no obligation to contact you or to use any other additional means of contact to communicate with you before moving the account to Dormant Status.
Any Content a user may have stored or associated with the account prior to being declared Dormant will be deleted and will be unrecoverable. You agree that in such circumstance, the decision of HooDooWare is final and that the HooDooWare Terms shall apply regardless of any damages you may experience.
HooDooWare reserve the right to terminate Dormant Accounts after a period of 45 consecutive days of no App activity.
All provisions of the Terms shall survive termination.
HooDooWare reserves the right to terminate your profile and use of the App or applicable Services, in whole or part, at any time, with or without, cause, notice or legal requirement.
We reserve the right to do this effective immediately. You agree that:
HooDooWare are under no obligation to contact you or to use any other additional means of contact to communicate with you
However, we may at our own discretion make best efforts to give you 28 days notice of any such Termination. Under such circumstance, we may contact you via the email address you have supplied in your personal contact details. It is entirely your responsibility to ensure your contact details are correct, relevant and monitored. If the details supplied are not correct or are incomplete or not regularly monitored, then we have no further obligation to establish contact and termination will be exercised regardless. In the process of termination we may move your account to 'Dormant' status, before or prior to termination
Either effective immediately or upon completion of any notice period given, your registration profile (which includes any Contacts stored within the App or Services), your content stored within your crates and any access to shared content via the MyCrate App, Services or Website will be deleted. Links to other user’s crates via shared access permissions will cease to exist. Any content you shared within shared creates will not be accessible to you. In such circumstance, the decision of HooDooWare is final and that the HooDooWare Terms shall apply regardless of any damages you may experience
If you are currently paying for a subscription that this will be cancelled for the next billing period. There will be no refund for the current billing period. It is your responsibility to ensure that the subscription has been cancelled and there is no ongoing charge to your payment method. HooDooware accept no liability to refund fees should you not ensure that it has been cancelled.
HooDooWare reserve the right to retain any relevant information as may be required by the legal authorities within the jurisdictions that we operate in or you reside in, which may in turn be shared with those same authorities as per any legal requirement
You may delete your profile, Content and any crates you may have shared at anytime. You may stop using the App, applicable Services or Website at anytime. A user may delete the App, their profile and associated Content by accessing the settings menu of the app. You accept by doing this, your profile and any Content will be irrecoverable to you as per Your Content after Termination below.
You accept that should you terminate your use of the App by deleting your profile and are currently paying for a subscription for your account, that it is your responsibility to cancel your ongoing subscription. HooDooWare will not refund any subscription fees as a result of termination by you and your failure to cancel any subscription.
HooDooWare reserve the right to retain any relevant information as may be required by the legal authorities within the jurisdictions that we operate in or you reside in, which may in turn be shared with those same authorities as per any legal requirement.
Upon termination, by either HooDooWare or you (the User), you will lose access to your profile and any Content you associated with that profile, which includes access to any Content provided by other Users:
If you shared crates and content and were the original owner of the crate, then the other users sharing that crate will lose access to the crate and any associated stored Content within that crate, regardless of which user originally saved the Content to the crate.
If you had access to shared crates that you were invited to by other users, you will lose access to that crate and the Content, regardless of which user saved the Content in the crate. As you were not the original owner of the crate, the crate and any Contents will remain accessible to the original owner and those users still sharing the crate. Any Content you stored in those crates will remain accessible to the other users of that crate.
Users are defined as either 'Subscribed' or 'Unsubscribed', conditional upon payment of fees (in advance) for a defined period of time. If a subscribed user fails to pay their fees or defaults for any given period then they will be defined as Unsubscribed.
As a User, a Subscription allows you access certain paid features that increase your level of storage for User Content for a defined duration of time.
Different tiers of subscription are available according to different storage capacities. These are described below
Dormant Account (Unsubscribed) — Account registration data only, no storage. Applies to Unsubscribed Trial User with 28 consecutive days of no activity. Account may be terminated after 45 days if no contact is made or no new use of App or Services
Trial User (Unsubscribed) — No paid subscription. Level of storage is capped at 5Mb (no fee)
Subscription Tier 1 — Up to 100Mb storage
Subscription Tier 2 — Up to 1Gb storage
You agree that:
All payments related to your account and subscription shall be made by legal means from a recognised payment method that you are either the named account holder or are authorised to use by the named account holder
HooDooWare will not be held liable for any loss caused by unauthorised use of the payment method you have chosen to pay for your subscription
Any fraudulent or illegal activity related to your Payment Method for subscription may result in suspension or termination of your account.
Unless HooDooWare directly state, all fees for subscriptions are payable in advance, will auto renew and billed automatically to the payment method. This is to provide a continuous service to subscribed users
You will pay the fees as listed on the subscription sign up page, for the associated subscription duration listed on that page. Subscriptions may be accessed from within the App and are available via the Google Play Store or Apple App Store.
HooDooWare reserves the right to increase Subscription fees or to introduce new fees or new subscription models at any time with reasonable advance notice (28 days). If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.
Your paid Subscription may be interrupted as a result of a cancelled or expired payment card or other payment method.
It is your responsibility to keep your payment card or payment method details up to date to continue accessing the features associated with the subscription and that failure to do so may result in the User becoming Unsubscribed.
HooDooWare reserve the right to use third party in app services to administer payments, renewals and subscriptions. We may also use third party electronic payment processors, which may include financial institutions to process financial transactions. You agree that by subscribing, that HooDooWare on your behalf, may give instructions to those third parties, in accordance with your subscription requests. In the event that the 'Terms' of MyCrate and those of the third party app services payment processor are different, then these 'Terms' shall take precedence.
Subscription duration periods run in 1-month cycles (billing period) that auto-renew. Typically this may range from 28 to 31 days.
A user may upgrade their subscription in order to access increased levels of storage offered by other Tiers. Upgrading your Subscription may be accessed within the App and will link to your App Store provider. Your billing cycle may be affected by the terms of the App Store provider. Access to the new subscription features may be delayed according to the processing time of the transaction by the app store provider and other third parties that HooDooWare may use for this service.
A user may cancel or downgrade their subscription according to the 'Terms' in addition to those Terms and Conditions that may be associated with the App Store or third party service that sold the Subscription. Cancellation or downgrading of your subscription are effective for the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period.
By cancelling or downgrading your subscription, (intentionally or unintentionally) you accept that the current level of storage you may require to maintain Your Content stored with the App or Services may be affected. You agree that:
In the event that you are still subscribed (downgrading but still fee paying) but the subscription or tier you are moving to has insufficient capacity to identically store your previous User Content then we may offer a '14 day grace period' for you to migrate any Content from the App to facilitate the user scaling their User Content storage needs down to the new subscription level. If after the 14th day you have not reduced your User Content Storage within the limits of the new subscription level, HooDooWare will delete the oldest Content within your User Content until you have sufficient capacity for the current subscription level. You accept that after this event the Content that has been deleted is unrecoverable and you hold HooDooWare harmless.
In the event that you are downgrading to Unsubscribed status and you will have insufficient capacity to identically store your previous User Content, then we may offer a '14 day grace period' for you to migrate any Content from the App to facilitate the user scaling their User Content needs down to the Unsubscribed storage level. If after the 14th day you have not reduced your User Content Storage within the limits of the Unsubscribed Tier, then HooDooware will delete all User Content. You accept that after this event the Content that has been deleted is unrecoverable and you hold HooDooWare harmless.
If you have any questions about these Terms, the Application, Services or Website please contact us at:
HooDooWare Ltd, 5 South Charlotte Street, Edinburgh, Scotland, EH2 4AN