Terms of Service Updated Brussels 14 December 2018.
2. Messaging Cribble provides a solution that allows you to privately communicate with your chosen contacts. The security solution used by Cribble enables you to encrypt messages such that only the intended recipient can decrypt them using a secret key only known to the intended recipient. Cribble hereby guarantees that the Cribble app will not move, copy or otherwise transmit the private key out of your device so that your device is the only device that can decrypt messages sent to you. Cribble makes use of third party servers to temporarily store encrypted messages until they are delivered to the intended recipient. Cribble hereby guarantees that these servers have no way to decrypt your messages because each private key is only known by one device. Consequently, Cribble also commits that even if we are requested to disclose your messages or private security keys to authorities we have no means to do so.
3. Your information To use Cribble you must provide a valid email address that you can verify by entering a random password that we will send to your email address. We will use this email address to route messages to you and this will be the name by which you are identified as a user of our system. When you start to add a new contact Cribble will access your local address book to help you avoid input errors. Cribble will not use your local address book for any other purpose. If you register to receive payments via Cribble you must use the same email address so that there is a clear link to your bank account. This is required for technical routing and to ensure that we are compliant with the global Anti-Money-Laundering regulations. All messages that you send via Cribble will be encrypted using a set of asymmetric keys. This means that the intended recipient has the only device that can decrypt the message because it is the only device with the correct private key. On the contrary, each user will have a public key that must be made available to all of your correspondents because the sender needs to encrypt the message using your public key. It is therefore necessary for Cribble to link your public key to your email and share that information with other Cribble users. When you use Cribble it will be possible for other Cribble users to know your online status. This is essentially the last time that you opened or used the Cribble app. This is a convenience feature that helps you to know whether or not your contact is likely to read any message that you may send. Consequently you consent to allowing this status information to be shared by using the app. When you open a chat dialog with a colleague an automatic read receipt is sent to the sender. Consequently, you consent to allowing automatic read receipts by using the app. If you decide to accept credit card payments then that fact will be shown to your contacts so that they know they can send you payments. Cribble will not hold any credit card numbers or bank account numbers on our servers. When a message is on your device it will be displayed to you in a clear format. Consequently, messages are not encrypted on your device. It is your responsibility to ensure that information on your device such as messages and your private key are not lost or stolen by thieves or malicious software that you install. If you uninstall the Cribble app then all Cribble related data such as messages that was previously held on your device will be automatically deleted. Since you have the clear messages and associated security keys on your device you should be aware that the authorities could request information from you and that you will be able to comply.
4. Payments Cribble facilitates secure payments between contacts. Each contact must select a payments provider from a list selected by Cribble. Cribble will select payment service providers who 1) are PCI DSS compliant 2) have good geographic coverage; and 3) are price competitive. Cribble will charge a premium of 0.6% of the total amount transferred plus 5 cents to facilitate the secure transfer of funds from the senders’ credit card to the receivers’ bank account. The sender will settle the credit card bill in the normal way, typically at the end of the month, and the receiver will receive the funds in their bank account 7 days after the transaction. Our payment service providers validate your card details including the CVC and expiry date and store your credit card details in their PCI compliant infrastructures. Consequently, Cribble will never know your credit card number. The tokenized information provided by the payment service providers that will allow Cribble to charge your card will be signed and encrypted by Cribble for transmission between the App and our Server infrastructure. If you lose your credit card or device that has been used to make payments then you must report the card as stolen and request a new card. By using Cribble to facilitate your payments you agree to these terms.
5. Images Cribble does not encrypt images. You may exchange images via Cribble but you should be aware that they will not be encrypted. Only messages and payments are encrypted. On the other hand images will be deleted from our servers as soon as they are delivered to the intended recipient.
6. Goods to sell If you register to accept payments you can add a shop with a shopping cart experience to offer goods to potential buyers. A key feature is the ability to link items to barcodes or QR-Codes so that users can scan goods and pay without queuing. Sellers should understand that all information that is published in their store is public information. The standard Cribble payment fees are augmented by 8%+20cents. We encourage sellers configure their shopping cart with specific terms and conditions. The act of creating a store implies acceptance of the Terms of Service laid out in this paragraph.
7. Drivers for hire Cribble allows operators to publish the availability of drivers to potential passengers. Operators must register a pricing structure, commission structure, company name, address, website, email and license number and agree that this is public information. Operators must register a telephone number when required by local law. Passengers must register name and photo and understand that this will be shared with every driver they request. Passengers must register an email and telephone number and understand that this will be shared with the operator. Passengers may add card details to make card purchases otherwise only cash purchases will be available. Drivers must register a name, photo and vehicle description and understand that this information together with their location is public information while they are displaying availability. Drivers must provide a vehicle registration number and a taxi driver license number and understand that this will be shared with the passenger each time they accept a ride. Drivers must register a profile including name, telephone number, photo, postcode, driving license number, national identity number (national insurance number in the UK), vehicle registration number, vehicle make, number of seats, no claims record, provide copies of all licenses and insurance documents required under the law and authorize cross validation against national and other databases. The driver should understand that this information will be seen by the Operator and will be shared with the authorities when requested. Everyone should understand that finding a driver is a location based service and will not work unless location is shared while using the service. Everyone should also understand that the system will not work unless notifications are authorized. Drivers should understand that when they publish availability their location, profile and photograph are public information that will be shared with everyone searching for a potential driver near the driver location. Drivers should understand that once a ride is accepted then the passenger will be able to call and message them until the ride ends and will know their vehicle registration number and taxi driving license number. Passengers should understand that once they send an order to a specific driver then that specific driver will be able to see the passenger name, photo, and requested route before deciding whether to accept or reject the order. Passengers should understand that once the ride is confirmed then the driver will be able to contact them until the ride ends. When an order is accepted then the driver will be able to call and message the passenger and the passenger will be able to see the vehicle registration number and the drivers license number and the passenger are both responsible to ensure that the journey is paid for using Cribble.
Responsibilities of the rider The rider must pre-register a profile with name, photo and telephone number before ordering a driver. The rider must either pre-register a card to pay the driver or pay the driver with cash at the start of the trip. The rider should not enter the Vehicle unless the driver and vehicle profile match the order confirmation. Responsibilities of the driver The driver must supply a true and fair profile of his/her self and associated vehicle. The driver is responsible for the vehicle insurance and any required licenses. The driver is responsible for all applicable taxes. The driver may accept credit card payments and/or cash. The driver must not display the ‘online’ status unless the vehicle is immediately available. The driver must promptly respond to all orders. The driver must share location and telematics data at all times.
Fees and payments The quote accepted by the driver is fixed unless there are any extras. The rider will be charged on their pre-registered card near the end of the trip unless cash was selected when placing the order. The app will deduct a service fee agreed with the operator and published to the driver. Funds will be deposited in the bank account of the driver on a rolling 7 day basis. If a driver accepts a cash order the driver will be charged the full service fee near the end of the trip.
Cribble Cribble will share a list of nearby ‘online’ drivers. When a rider contacts a driver the rider profile and location will be shared with the driver. Cribble will retain records of bookings and booking requests. Cribble will retain records of registered drivers and riders. Cribble may show ratings of drivers and riders based on measured behavior. Cribble will organize the execution of all credit card processing using a PCI compliant process.
Responsibilities of the operator The Operator will use Cribble to automate many day to day operations. The Operator will approve drivers. The Operator may remove drivers at its sole discretion. The Operator is responsible for all required licenses to operate. The Operator will handle all queries and complaints. The Operator will publish a company name, license number and contact information. The act of registering as a driver or ordering a driver implies acceptance of the Terms of Service laid out in this paragraph.
8. Insurance Cribble allows insurance companies to offer insurance to Cribble drivers with an approved dash camera. The only approved dash camera is the Cribble Camera which can be purchased on Cribble. Drivers should understand that the Cribble Camera will record video, sound, location and driving style of the insured vehicle and that this information may be used by Cribble and the insurer to evaluate liability, settle claims, adjust premiums, rate the driver or cancel the policy. Cribble users who have supplied a photo, phone number and email address during registration can obtain an instant quotation for Cribble Cover by supplying their post code, vehicle make, vehicle registration number, driving licence number, national insurance number, no claims record and permission to validate this information and seek related information from national and other databases. The quote will be a monthly premium payable by credit card and automatically renewed until cancelled or the premium is changed. Prior to completing the purchase of Cribble Cover you will need to install a Cribble Camera and upload a copy of your Taxi licence. Drivers with Cribble Cover have an obligation to properly install Cribble and their Cribble Camera, verify their operation on a regular basis, and supply Cribble and the Cribble Cover insurer with information stored on the Cribble Camera upon request. In addition to ad-hoc requests that may be raised at the sole discretion of Cribble or the Cribble Cover insurer, following an incident detected by the Cribble Camera, Cribble will generate an email containing a video of the incident and related driving information which must be sent to Cribble and the Cribble Cover Insurer without delay. If, for any reason, the incident email is not automatically generated within 5 minutes of the accident, the driver has an obligation to start Cribble and ensure that the email is generated and sent. If you decide to buy then Cribble will facilitate the collection of the monthly fees and with your consent send the insurer your information to create the policy. The fees for Cribble Cover are negotiated with the insurer. The act of buying Cribble Cover implies acceptance of the Terms of Service laid out in this paragraph.
9. Intellectual Property Rights All intellectual property rights to the Cribble software and processes are claimed by NXT24 and all unauthorized re-distribution, hacking, copying and reverse engineering are forbidden and are protected to the maximum extent that the law allows.
Third Party Software On the other hand, Cribble integrates many software components that are either licensed or made freely available to Cribble. Generally these software components are made available under the MIT License listed below and are re-distributed on that basis.
The MIT License (MIT) Copyright (c) <year> <copyright holders> Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. The Software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.
10. Security Software The distribution or re-distribution of security software from the USA is a sensitive issue. Cribble complies with the US export regulations as follows: 1) Stanford University has implemented a process with appropriate controls to ensure that all encryption published by its students and professors is compliant with the law. https://doresearch.stanford.edu/research-scholarship/export-controls/research-and-encryption#introduction 2) The security software used by Cribble is already published and in the public domain without any access controls on the Stanfford University website in the USA http://www-cs-students.stanford.edu/~tjw/jsbn/. 3) The security software used by Cribble is already available worldwide under the aforementioned MIT License or a very similar BSD License that can be found here http://www-cs-students.stanford.edu/~tjw/jsbn/LICENSE. 4) Cribble is making the software available to the mass market at a very low cost. 5) Cribble is using the security software for payments and related messaging.
11. Warranty The Cribble app is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software. However, the software is provided in good faith and any constructive suggestions for improvement are welcome and will be considered for a future release.
12. Acceptance The act of downloading the Cribble app implies acceptance of the Terms of Service laid out in this document in their entirety.