1. Description of Services (EDI & API Connectivity Only)

The “Service(s)” include: (i) the Site; (ii) Crstl’s hosted EDI and API connectivity platform (connectors, data routing, transformation/mapping, validation, acknowledgements handling, monitoring/alerting, sandbox/test tools) enabling data exchange between you and third-party systems (e.g., marketplaces, ERPs, retailers, logistics providers); (iii) any Crstl mobile/desktop apps and SDKs; (iv) all software made available via the foregoing; and (v) all dashboards, logs, reports, and documentation (collectively, excluding Your Content (defined below), the “Content”). New features are also subject to this Agreement.

Important scope clarifications

• Data Transport, not advice. We provide data transport, transformation, and integrations only. We do not provide legal, accounting, or tax advice.
  
  
• Third-party endpoints. You are responsible for maintaining valid accounts, credentials, configurations, trading partner profiles, and testing/certification with third-party endpoints (e.g., retailer portals). Crstl does not control third-party availability, SLAs, or changes.
  
  
• Delivery & acknowledgements. We will attempt delivery and, where supported, surface functional/technical acknowledgements (e.g., EDI 997/999/MDN, API success/error). You are responsible for reviewing status, resolving errors, and re-sending when required.

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2. Access and Use

Subject to these Terms, Crstl grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for lawful business data exchange and related operations. Crstl may refuse, suspend, or discontinue Services at any time for any reason.

You agree to reasonably cooperate with Crstl (e.g., provide mapping specs in a timely manner, endpoint credentials, and test data). If our performance is prevented or delayed by your act/omission or those of your providers/contractors, we are not liable for resulting costs or delays to the extent arising from such prevention or delay.

Prohibited actions

You will not:

• access systems other than the Services; defeat technical controls; or reverse engineer except as permitted by law;
• sublicense, resell, time-share, or provide the Services to third parties except where expressly permitted
• interfere with Service operation, impose unreasonable load, or attempt to bypass rate limits;
• use the Services to transmit malware or unlawful content; infringe third-party rights; or violate privacy/export/sanctions laws;
• misrepresent identity or impersonate others.
  
  

Fair use & rate limits

Your access may be subject to rate limits, concurrent connection caps, message size limits, and throughput quotas as described in your order or documentation. Crstl may throttle, queue, or reject traffic exceeding limits to protect service stability.

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3. Ownership; Your Content; Data Handling

Crstl reserves all rights not expressly granted. The Services and Content are protected by IP laws. No rights to Crstl or third-party trademarks are granted except as expressly provided.

“Your Content” means data, files, payloads, configurations, logs, credentials/tokens, and other materials you (or your systems) submit to or through the Services (including but not limited to EDI documents such as 810/850/856/940/945, and API payloads).

You authorize Crstl to process, store, transmit, transform, map, route, and display Your Content to provide the Services, including sharing with third-party endpoints you configure or designate. You acknowledge that incomplete, invalid, or non-conforming data may cause rejections or integration failures.

Telemetry & improvements. Crstl may collect and analyze usage data and metadata (including derived data from Your Content) to operate, secure, and improve the Services. We may disclose such information only in aggregate or de-identified form. Aggregated/de-identified data is not Your Content.

Monitoring & removal. We may monitor Service use and may remove/disable any Content or Your Content that violates these Terms or applicable law.

Retention. You are responsible for your own archival/backups and regulatory retention.

Security & hosting. We may transmit data unencrypted across networks where required for interop but will use encryption for Service components under our control. Hosting may involve third-party providers (e.g., cloud infrastructure, queuing, observability).

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4. Integrations, Credentials, and Agency

To enable integrations, you may provide Account Information (e.g., API keys, EDI identifiers, AS2/SFTP details, OAuth tokens). You grant Crstl permission to use such credentials solely to operate the Services on your behalf (e.g., pull/push payloads, exchange certificates, retrieve acknowledgements). You represent you have rights to provide such access and that doing so does not violate third-party terms. You are responsible for keeping credentials current and secure.

Crstl acts as your technical agent for data exchange with systems you choose. We do not accept funds or act on your behalf in legal, accounting, regulatory, or tax matters.

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5. Sandbox, Testing, and Cutover

You are responsible for validating mappings and flows (including partner certification where required) in sandbox/test prior to production. Production cutover remains your decision; Crstl is not responsible for business losses due to mapping/spec errors, misrouted payloads, or endpoint unavailability.

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6. Feedback

If you provide suggestions or feedback, you grant Crstl a perpetual, worldwide, irrevocable, royalty-free license to use them for any purpose.

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7. Third-Party Services

The Services may integrate with third-party products/services (“Third-Party Services”), such as ERPs, marketplaces, carriers, EDI VANs, certificate authorities, observability tools, or ID providers. Your use of Third-Party Services is governed by their terms. Crstl does not control or endorse Third-Party Services and is not responsible for their availability, performance, security, or changes. Data obtained via Third-Party Services through the Services is Your Content. See our Privacy Policy: https://www.crstl.ai/privacy-policy 

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8. Payment and Collection

8.1 Service Fees

If the Services carry fees (“Service Fees”), you will select a plan and provide a valid payment method. You authorize Crstl (and our processor) to store and charge your method for fees, taxes, adjustments, renewals, and overages. Prices and billing methods may change with 14 days’ email notice. Except as expressly stated, fees are non-refundable.

8.2 Subscriptions & Overage

Subscriptions auto-renew at then-current rates unless canceled as described here. Usage beyond included quotas may incur overage fees. If payment fails, we may suspend or terminate until paid. Cancel by contacting help@crstl.so. No prorated refunds for partial terms will be provided unless required by law.

8.3 Taxes

Fees exclude taxes. We may collect applicable Sales/VAT/GST and withholdings as required. If withholding applies, you will gross-up payments and provide evidence of remittance.

8.4 Trials / Promotions

Trials/promotion access must be used within the stated period and, unless stated otherwise, convert to paid subscriptions at the end of the trial unless you cancel beforehand.

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9. Representations and Warranties

You represent and warrant that: (i) you have authority to enter this Agreement; (ii) you own or have rights to provide Your Content and credentials; (iii) Your Content is lawful and does not violate third-party rights; (iv) you will comply with applicable laws (including export/sanctions, privacy, and data transfer rules); and (v) you are at least 18 years old.

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10. Confidentiality

Non-public information disclosed by Crstl to you (“Confidential Information”) is confidential and may be used only to access and use the Services, protected with at least reasonable care. Exceptions: information that is public, already known to you without duty, or rightfully obtained from a third party. Crstl is entitled to injunctive relief for violations.

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11. Security

You are responsible for safeguarding your accounts, users, and credentials. You will promptly notify Crstl of any suspected compromise. 

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12. Privacy

See our Privacy Policy: https://www.crstl.ai/privacy-policy. For a DPA, contact help@crstl.so.

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13. Service Changes; Deprecations

We may modify or discontinue features (including connectors, versions, or protocols). For backward-incompatible API/EDI changes or deprecations, we will provide advance notice, except for urgent security or third-party-driven changes. You are responsible for timely migration.

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14. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRSTL AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE OR UNINTERRUPTED.

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15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRSTL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO CRSTL FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) $100 IF NO FEES APPLY, OR (iii) ANY NON-WAIVABLE STATUTORY REMEDY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRSTL AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS/REVENUE; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION; OR SECURITY INCIDENTS—EVEN IF FORESEEABLE OR ADVISED. Some jurisdictions do not allow certain exclusions/limitations; some limits may not apply to you.

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16. Indemnification

You will defend, indemnify, and hold harmless Crstl, its affiliates, suppliers, and their respective officers, directors, employees, and agents from and against claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from: (i) Your Content; (ii) your breach of this Agreement or law; (iii) your use or misuse of the Services; or (iv) disputes with Third-Party Services or trading partners.

17. Publicity

Crstl may identify you as a customer and use your name/logo on the Site and in marketing materials. To opt out, please contact support.

18. Term and Termination

This Agreement starts when you first use the Services and continues while you use them unless terminated earlier. Crstl may suspend or terminate the Services or this Agreement with or without notice for any reason, including your material breach, unpaid fees, or legal/compliance requirements. You may terminate by notifying support@crstl.so. Upon termination, stop using the Services. Sections 3, 5–7, 9–12, 14–18, and 21 survive termination. We may delete Your Content after termination.

19. Arbitration Agreement

Please read this section (the “Arbitration Agreement”) carefully.  It is part of your contract with Crstl and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

19.1 Applicability

Subject to the terms of this Arbitration Agreement, you and Crstl agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Crstl may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Crstl may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

19.2 Informal Resolution

There might be instances when a Dispute arises between you and Crstl. If that occurs, Crstl is committed to working with you to reach a reasonable resolution.  You and Crstl agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”).  You and Crstl therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”).  If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

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The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties.  Notice to Crstl that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to help@crstl.so or regular mail to our company address located at 148 28th St, San Francisco, CA 94131. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

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The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.  In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute.  Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

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19.3 Waiver of Jury Trial

YOU AND CRSTL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Crstl are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.1 (Applicability of Arbitration Agreement).  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

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19.4 Waiver of Class/Non-Individualized Relief

YOU AND CRSTL AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 19.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.  ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.  Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 19.9 (Batch Arbitration).  Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Crstl agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California.  All other Disputes shall be arbitrated or litigated in small claims court.  This section does not prevent you or Crstl from participating in a class-wide settlement of claims.

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19.5 Rules and Forum

This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Crstl agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement.  The AAA Rules are currently available at https://www.adr.org/media/yawntdvs/2025_consumer_arbitration_rules.pdf

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account on our Service; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Crstl otherwise agree, or the Batch Arbitration process discussed in Section 19.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and Crstl agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

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19.6 Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 19.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

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19.7 Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 19.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 19.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 19.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 19.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 19.9 (Batch Arbitration).  The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

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19.8 Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Crstl need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

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19.9 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Crstl agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Crstl by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.  To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Crstl.

You and Crstl agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

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19.10 30-Day Opt-Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 148 28th St, San Francisco, CA 94131, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.  Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

19.11 Invalidity; Limitations

Except as provided in Section 19.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.  You further agree that any Dispute that you have with Crstl as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred.  Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

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19.12 Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if Crstl makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Crstl at 148 28th St, San Francisco, CA 94131, your continued use of the Services, including the acceptance of products and services offered on the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Crstl will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

20. General Provisions

20.1 Electronic Communications.

The communications between you and Crstl may take place via electronic means, whether you visit the Service or send Crstl emails, or whether Crstl posts notices on the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Crstl in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Crstl electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

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20.2 Assignment.

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Crstl’s prior written consent.  Crstl may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

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20.3 Force Majeure.

Crstl shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, natural disasters, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, outages by Third Party Services, government actions, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

20.4 Questions/Complaints.

If you have any questions, complaints or claims with respect to the Services, please contact us at: help@crstl.so. We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

20.5 Consumer Complaints (California). 

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

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20.6 Agreement Updates.

We will post updated Terms and change the “Last Updated” date; we may require your consent to continue using the Services. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.

20.7 Exclusive Venue.

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Crstl agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Santa Clara County, California.

20.8 Governing Law.

THIS AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the State of CALIFORNIA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.

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20.9 Language.

This Agreement all related documents have been drawn up in English. 

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20.10 Notice.

Where Crstl requires that you provide an email address, you are responsible for providing Crstl with a valid and current email address. In the event that the email address you provide to Crstl is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Crstl’s dispatch of the email containing such notice will nonetheless constitute effective notice.  You may give notice to Crstl at the following address: 148 28th St, San Francisco, CA 94131. Such notice shall be deemed given when received by Crstl by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

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20.11 Waiver.

A waiver on one occasion is not a waiver of later enforcement.

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20.12 Severability.

‍If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

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20.13 Export/Sanctions.

You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Crstl are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Crstl products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

20.14 Entire Agreement.

These Terms constitute the entire agreement between you and Crstl with respect to your use of the Services, except where superseded by a separate written agreement signed by you and Crstl. If you or your company have entered into a separate written agreement with Crstl governing your use of the Services (e.g., a Master Services Agreement), that agreement will control to the extent of any conflict with these Terms.

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21. Support & Maintenance

Crstl may use a variety of methods to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Crstl from time to time. Such changes will be posted on the Service. You can contact Crstl by email at help@crstl.so if you have a question, concern, or complaint about the Services.