Crik-IT Subscription Agreement
Last Revised: June 2025
NOTICE OF ASSIGNMENT
Effective June 1, 2025, the service previously operated by Crik-IT LLC has been acquired by Trajectory Software LLC. All references to Crik-IT LLC in this agreement shall be deemed to refer to Trajectory Software LLC. All rights and obligations under this agreement are now held and enforced by Trajectory Software LLC. If you have any questions, please contact: support@crik-it.com
THIS IS A LEGAL AGREEMENT BETWEEN Trajectory Software LLC ("OUR", "US", "WE", "CRIK-IT", OR "CRIK-IT LLC") LOCATED AT 5441 S Macadam Ave, Portland, Oregon, 97239 AND YOU WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SOFTWARE SERVICES ("SERVICE", "SERVICES", "CRIK-IT" OR "CRIK-IT SERVICE"). the terms "you", "your", "YOURSELF" and "Subscriber" refer to the individual, company, organization or other legal entity on whose behalf this Agreement is accepted.
By signing up for a trial Crik-IT subscription, you are agreeing to all terms and conditions of this Agreement. This Agreement sets forth the terms and conditions on which we are willing to permit your use of our Services and your responsibilities as a Subscriber. You agree to use the Service in strict accordance with, and to be bound by, all of the terms and conditions contained in this Agreement. If you do not wish to be bound by this Agreement, simply exit this page and do not use our Services, even on a trial basis.
Effective June 1, 2025, the service previously operated by Crik-IT LLC has been acquired by Trajectory Software LLC. All references to Crik-IT LLC in this agreement shall be deemed to refer to Trajectory Software LLC. All rights and obligations under this agreement are now held and enforced by Trajectory Software LLC. If you have any questions, please contact: support@crik-it.com
Our Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described herein. We reserve all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Trajectory Software LLC grants to you a limited, nonexclusive, nontransferable right and license to use the Services.
Definitions:
- "Users" means individuals who are authorized by you to use your Crik-IT, and who have been supplied user IDs and passwords by you. Users may include but are not limited to your employees, customers, representatives, consultants, contractors and agents.
- "In-House Users" are Users who have been supplied Crik-IT In-House user IDs and passwords by you. In-House Users have access to all information in Crik-IT.
- "Rep Users" are Users who have been supplied Crik-IT Rep user IDs and passwords by you. Rep Users are limited to Crik-IT information relating only to their own customers.
- "Customer Users" are Users who have been supplied Crik-IT Customer user IDs and passwords by you. Customer users are limited to Crik-IT information relating only to themselves.
- "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
Purchased Services and Payment Terms
A. You are subscribing to the Crik-IT service on a month-by-month basis. The first 30
days is a trial period, for which there is no charge to you. You may cancel your
subscription at any time during your 30 day trial period without incurring any charges
by notifying us by email at support@crik-it.com.
B. Your monthly subscription to our services will automatically renew from month to
month at the current rates unless the Services are cancelled or terminated under this
agreement. Please notify Crik-IT via email (support@crik-it.com) if you want to cancel
your subscription. Please note that there is no proration refund of your monthly
subscription charge if you terminate your subscription prior to the end of the current
month subscription period.
C. You agree to provide a valid credit card acceptable to Trajectory Software LLC. After
your 30 day trial period ends, your credit card will be billed automatically at the
start of the upcoming month of service, and at the start of each month thereafter,
unless you cancel your subscription before the relevant period begins. The amount billed
for your first month of service will be based on Crik-IT's current rates, your requested
user counts or the number of users your company has set up in Crik-IT as of 7 days prior
to the end of your trial period (whichever is higher), the Crik-IT feature package in
effect as of 7 days prior to the end of your trial period, and your record counts in
Crik-IT as of 7 days prior to the end of your trial period. Billing amounts for each
subsequent month of service will be calculated based on Crik-IT's current rates, your
requested user counts or the maximum number of Crik-IT users your company had during the
month immediately preceding the month being billed (whichever is higher), the highest
level Crik-IT feature package to which you have subscribed during the month preceding
the month being billed (i.e. Customer Service, Order Desk, Sales Force, or Full Circle),
the maximum number of records in Crik-IT during the month immediately preceding the
month being billed, and the maximum document storage space used during the month
immediately preceding the month being billed. A few days before your credit card is
charged for the next month's billing, you will receive an email notifying you of the
amount that will be billed. Please note that there is no proration charge or proration
refund of your monthly subscription charge if you terminate your subscription, or change
user counts, Crik-IT package, record counts, or storage space used prior to the end of
the current month subscription period.
D. All amounts will be billed in U.S. dollars.
E. If your payment and registration information is not accurate or valid, current, and
complete and you do not notify us promptly when such information changes, we may suspend
or terminate your account and refuse any use of the Services.
F. For so long as you are a customer of ours and paying the monthly fee as required by
this Agreement, Trajectory Software LLC grants to you a non-exclusive right to use the
Services, subject to the restrictions set forth in this Agreement and any other
restrictions communicated by us in writing.
Service Use and Limitations
A. We will use commercially reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will provide at least 8 hours prior notice via the Crik-IT service) which we will schedule to the extent practicable during the weekend hours from 6:00 AM Saturday to 3 AM Monday Eastern Time; or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, failures, down-times, or other issues in Microsoft Azure or HostDime data centers, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.
B. You shall (i) be responsible for your In-House Users' and Rep Users’ compliance with this Agreement, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with this agreement and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than your users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.
Ownership
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services without the express written consent of us. The look and feel of the Services are copyright © 2007- 2025 Crik-IT LLC. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without the express written consent of us.
Termination
You may notify us that you wish to cancel your subscription by emailing
support@crik-it.com. Upon receipt of such email, we will send you an acknowledgement by
email that your subscription has been cancelled. Cancellation takes effect at the end of
the currently paid through billing period.
We may at our sole discretion immediately modify, suspend or terminate your account,
user name, password or use of the whole or any part of the Service with or without
giving you notice at any time for any reason, including if we think that you have
breached or acted inconsistently with the terms of this Agreement.
Refunds for any prepaid amounts will not be given.
All sections which by their nature should survive the expiration or termination of the
Agreement shall continue in full force and effect subsequent to and notwithstanding the
expiration or termination of this Agreement.
Limitation of Liability
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT PER SECTION 4 (TERMINATION).
Warranties
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH
THE SERVICE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY,
CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE
SERVICE RESTS WITH THE SUBSCRIBER.
We do not warrant that the functions of the Services will meet your requirements or that
the operation of the Services will be uninterrupted or error free.
We shall not be liable for any loss or injury arising out of or caused, in whole or in
part, by any negligent acts or omissions in procuring, compiling, collecting,
interpreting, reporting, communicating, or delivering information contained in the
Services.
Data Management & Access
Access by Trajectory Software LLC. Unless it receives your prior written consent,
Trajectory Software LLC: (i) will not access or use your Data other than as necessary to
facilitate the Service, including for support purposes and statistical reporting
purposes (for example, to acquire usage/user statistics for billing purposes or for
anonymous Crik-IT usage statistics), or upon request from your Crik-IT Administrator or
your Business Contact; and (ii) will not give any third party access to your Data.
Notwithstanding the foregoing, Trajectory Software LLC may disclose your Data as
required by applicable law or by proper legal or governmental authority. Trajectory
Software LLC will give you prompt notice of any such legal or governmental demand and
reasonably cooperate with you in any effort to seek a protective order or otherwise to
contest such required disclosure, at your expense.
Your Data Responsibilities. You shall be responsible (i) for determining who has
access
to your data via our Services and providing them with their own unique user IDs, and
(ii) for the accuracy, quality and legality of your data and of the means by which you
acquired your data. You shall not use our Services to store or transmit infringing,
libelous, or otherwise unlawful or tortious material, or to store or transmit material
in violation of third-party privacy rights.
Crik-Link. Your data will be available to your users to download via our optional
Crik-Link service for the purpose of automatically updating their own inventory and
accounting systems. This includes but is not limited to item information (part numbers,
descriptions, product lines, suggested retail price, customer cost), customer invoice
information, and purchase order information (orders entered by your user into Crik-IT).
Proprietary Rights. Subject to the limited rights granted by you hereunder,
we
acquire no right, title or interest from you or your users under this Agreement in or to
your data, including any intellectual property rights therein.
Our Protection of Your Data. We shall maintain appropriate administrative,
physical,
and technical safeguards for protection of the security, confidentiality and integrity
of your data.
Our Protection of Your Data. We shall maintain appropriate administrative,
physical,
and technical safeguards for protection of the security, confidentiality and integrity
of your data.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all
liability, loss or damage, cost or expense, including but not limited to court costs,
attorneys' fees, and any awards or damages caused by, relating to or incident to your
use of the Service or claims by your users.
Governing Law
This Agreement will be governed and construed in accordance with the laws of the State
of Maine without regard to its rules governing conflicts of law. Exclusive jurisdiction
for any dispute with Crik-IT LLC, or in any way relating to this Agreement, resides in
the courts of the State of Maine.
Manner of Giving Notice
Notice from you to us. Except as otherwise specified in this
Agreement, all notices,
permissions and approvals hereunder shall be via email and shall be deemed to have been
given upon the first business day after sending by email. All notices should be sent via
email to support@crik-it.com.
Notice from us to you. Except as otherwise specified in this Agreement, all
notices,
permissions and approvals hereunder shall be via email and shall be deemed to have been
given upon the first business day after sending by email. All notices will be addressed
to the current email address of the main Crik-IT contact at your business.
Miscellaneous
Updates. The Services may periodically be updated with tools, utilities,
improvements,
third party applications, or general updates to improve the Services. You agree to
receive these updates.
Suggestions. We shall have a royalty-free, worldwide, irrevocable, perpetual
license to
use and incorporate into the Services any suggestions, enhancement requests,
recommendations or other feedback provided by you, including users, relating to the
operation of the Services.
Waiver of Jury Trial. Each party hereby waives any right to jury trial in
connection
with any action or litigation in any way arising out of or related to this Agreement.
Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be contrary to law, the provision shall be modified by the court and
interpreted so as best to accomplish the objectives of the original provision to the
fullest extent permitted by law, and the remaining provisions of this Agreement shall
remain in effect.
Restrictions. You shall not (i) permit any third party to access the Services
except as
permitted herein, (ii) create derivate works based on the Services except as authorized
herein, (iii) copy, frame or mirror any part or content of the Services, other than
copying or framing on your own intranets or otherwise for your own internal business
purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a)
build a competitive product or service, or (b) copy any features, functions or graphics
of the Services.
Changes to this Agreement. Trajectory Software LLC has the right to modify this
Agreement in any manner and at any time, without notice or liability. Any modification
is effective immediately upon the earlier of (i) notice to you per Section 10 (Manner of
Giving Notice); or (ii) fifteen days following the date that the modified Agreement is
first posted and announced on the our Crik-IT.com website. Your continued use of the
Services following its effective date shall be conclusively deemed an acceptance of all
such modification(s). Your only right with respect to any dissatisfaction with any
modifications made pursuant to this provision, or any of our policies or practices in
providing the Service, including, without limitation, (i) any changes in the content of
the Service, or (ii) any change in the amount or type of fees, charges, or assessments
payable under this Agreement, is to terminate your Subscription and continued use of the
Service.
Entire Agreement. This Agreement constitutes the entire agreement between the
parties
and supersedes all prior or contemporaneous oral or written communications with respect
to its subject matter. No modification to this Agreement will be binding, unless in
writing and signed by a duly authorized representative of the parties. The parties to
this Agreement are independent contractors, and no agency, partnership, joint venture or
employee-employer relationship is intended or created by this Agreement. Neither party
shall have the power to obligate or bind the other party. The waiver of any breach of
this Agreement by either party shall not constitute a continuing waiver or a waiver of
any subsequent breach of this Agreement. If any term or provision of this Agreement
shall be held invalid or unenforceable, the remainder of this Agreement will not be
affected and each such term or provision of this Agreement shall continue to be valid,
binding and enforceable to the fullest extent permitted by law. Nothing in this
Agreement shall prohibit Trajectory Software LLC from furnishing the Service to others,
including competitors of yours.
Contact us
If you have any questions about our Subscription Agreement, you may contact us- by e-mail: support@crik-it.com