Cresc User Service Agreement and Privacy Policy

Effective Date: March 10, 2026

This User Service Agreement and Privacy Policy (this "Agreement") governs your access to and use of the Cresc website, dashboard, software development kit, application services, APIs, documentation, and related services (collectively, the "Services") operated by CHARMLOT PTE. LTD. ("Cresc", "we", "us", or "our").

Please read this Agreement carefully before you register for, access, or use the Services. By creating an account, clicking to accept, accessing, or using any part of the Services, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not register for or use the Services.

I. Eligibility and Acceptance

1. If you use the Services on behalf of a company, institution, or other legal entity, you represent and warrant that you have full authority to bind that entity to this Agreement, and references to "you" include that entity.

2. You must have legal capacity to enter into this Agreement. If you are under the age of 18, you may use the Services only with the involvement and consent of your parent or legal guardian.

3. Certain features may be subject to additional terms, order forms, commercial agreements, or product-specific notices. Where a separate written agreement expressly conflicts with this Agreement, the separate written agreement will control solely for the conflicting subject matter.

II. Scope of Services

1. Cresc provides over-the-air update infrastructure and related tools for software delivery, release management, and operational support, including services made available through cresc.dev, admin.cresc.dev, APIs, SDKs, and associated systems.

2. We may update, enhance, replace, suspend, or discontinue any part of the Services from time to time for maintenance, security, compliance, technical, or business reasons.

3. The Services may include free features and paid features. Paid features are subject to the pricing, usage limits, service scope, and billing terms displayed at the time of purchase or otherwise agreed in writing.

4. We may rely on third-party infrastructure, cloud providers, payment processors, analytics tools, and communication providers to operate the Services. Their availability may affect certain service functions.

III. Account Registration and Security

1. To use certain features, you must register an account and provide accurate, complete, and up-to-date registration information. You must promptly update your information if it changes.

2. You are solely responsible for safeguarding your account, password, access tokens, and other credentials, and for all activities conducted through your account unless caused solely by our breach of applicable law or this Agreement.

3. You must not share, transfer, sublicense, rent, sell, or otherwise make your account available to any third party except as expressly permitted by us in writing.

4. If you know or reasonably suspect that your account or credentials have been compromised, you must notify us without undue delay and take all reasonable steps to mitigate the impact.

5. We may refuse registration, require verification, suspend access, or terminate an account where we reasonably believe that the account information is false, misleading, unauthorized, unlawful, or creates a material risk to the Services, other users, or third parties.

IV. Acceptable Use

1. You must use the Services in compliance with this Agreement, our published documentation, and all applicable laws, regulations, and industry requirements.

2. You must not, and must not permit any third party to: interfere with or disrupt the integrity, performance, or security of the Services; probe, scan, or test vulnerabilities without authorization; introduce malware or harmful code; bypass technical restrictions; use the Services to infringe third-party rights; or engage in unlawful, abusive, fraudulent, deceptive, or harmful conduct.

3. You are responsible for ensuring that your applications, release packages, metadata, configurations, user-facing content, and all other materials you upload, publish, or distribute through the Services are lawful and that you have all necessary rights, permissions, and consents to do so.

4. You must not use the Services in a manner that imposes an unreasonable or disproportionate burden on our infrastructure or that materially degrades the experience of other users.

V. Fees, Billing, and Refunds

1. Fees for paid Services, if any, will be charged in accordance with the applicable pricing page, order form, invoice, or checkout flow in effect at the time of purchase or renewal.

2. Unless otherwise stated, fees are exclusive of applicable taxes, duties, levies, or similar governmental charges, which are your responsibility except for taxes based on our net income.

3. If automatic renewal is offered and enabled for a subscription, you authorize us or our payment processor to charge the applicable renewal fees using your selected payment method until cancellation takes effect.

4. Except as required by applicable law, expressly stated in a separate written agreement, or determined by us in the event of a material service defect, fees already paid are non-refundable.

VI. Intellectual Property and Customer Data

1. As between the parties, Cresc and its licensors retain all rights, title, and interest in and to the Services, including all software, source code, object code, user interfaces, documentation, reports, analytics, know-how, trademarks, and other intellectual property, except for the limited rights expressly granted to you under this Agreement.

2. As between the parties, you retain all rights, title, and interest in and to the applications, release artifacts, code, content, data, trademarks, and other materials that you submit to or process through the Services ("Customer Data").

3. You grant Cresc a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, process, reproduce, and otherwise use Customer Data solely to provide, secure, maintain, and improve the Services, to comply with applicable law, and to enforce this Agreement.

4. If you provide feedback, suggestions, or ideas regarding the Services, we may use them without restriction or compensation, provided that we will not identify you publicly as the source without your permission unless required by law.

5. Unless otherwise agreed in writing, neither party may use the other party's trade name, trademark, logo, or other brand identifier in public materials without the other party's prior written consent.

VII. Confidentiality and Security

1. Each party shall protect the other party's non-public business, technical, operational, and commercial information disclosed in connection with the Services using reasonable care and shall not use or disclose such information except as necessary to perform this Agreement, comply with law, or with the disclosing party's consent.

2. We implement reasonable administrative, technical, and organizational measures designed to protect the security of the Services and personal information. However, no system or transmission method is completely secure, and we cannot guarantee absolute security, uninterrupted availability, or that the Services will be free from all vulnerabilities, delays, or errors.

VIII. Privacy Policy

This Privacy Policy describes how we collect, use, disclose, store, and otherwise process personal information in connection with the Services. By using the Services, you acknowledge that such processing may occur as described below and as otherwise permitted by applicable law.

1. We may collect the following categories of information: account and identity information such as name, email address, company name, and login credentials; billing and transaction information; device, browser, IP address, log, and diagnostics data; usage and configuration data related to your use of the Services; support, communication, and feedback records; and cookie, session, and similar technology data.

2. We use personal information to provide and administer the Services; authenticate users; process orders and payments; respond to support requests; monitor performance and security; investigate abuse or fraud; improve product functionality and reliability; send operational and service-related communications; and comply with legal, regulatory, tax, accounting, and enforcement obligations.

3. Where required by applicable law, we rely on one or more lawful bases for processing, including performance of a contract, legitimate interests, compliance with legal obligations, and your consent where consent is required.

4. We may disclose personal information to our affiliates, hosting and infrastructure providers, payment processors, analytics and support vendors, professional advisers, auditors, and other service providers that process information on our behalf subject to appropriate contractual or legal safeguards. We may also disclose information if required by law, regulation, legal process, or a competent authority, or in connection with a merger, financing, acquisition, reorganization, or sale of assets.

5. Depending on the location of our systems and service providers, personal information may be transferred to and processed in jurisdictions outside your own. Where applicable, we will implement reasonable safeguards for such transfers as required by law.

6. We retain personal information for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, enforce our agreements, and protect our legitimate business interests. Retention periods may vary depending on the nature of the information and applicable legal requirements.

7. We and our service providers may use cookies, local storage, pixels, and similar technologies to maintain sessions, remember preferences, improve usability, measure performance, analyze traffic, and enhance security. You may control certain cookies through your browser or device settings, although disabling them may affect service functionality.

8. Subject to applicable law, you may request access to, correction of, deletion of, or restriction of certain personal information, or object to or request portability of certain processing activities. You may also opt out of non-essential marketing communications. We may require reasonable verification of your identity before responding.

9. If you have privacy-related questions or requests, you may contact us at [email protected]. We may ask for additional information reasonably necessary to verify your request and protect account security.

IX. Suspension, Termination, and Service Changes

1. You may stop using the Services at any time. If you wish to close your account, you may contact us or use any account closure tools that we make available.

2. We may suspend or terminate your access to all or part of the Services immediately if we reasonably determine that you have breached this Agreement, created a security or legal risk, failed to pay fees when due, or if suspension is necessary to protect the Services, other users, or third parties.

3. We may also modify or discontinue all or any part of the Services for operational, security, legal, or business reasons. Where commercially reasonable, we will provide advance notice for material adverse changes to paid Services.

X. Disclaimers and Limitation of Liability

1. To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, or error-free operation.

2. You acknowledge that software delivery, network communications, cloud infrastructure, mobile devices, and third-party services may be subject to outages, latency, vulnerabilities, and events outside our reasonable control, and that timely delivery or availability of updates cannot be guaranteed in every case.

3. To the fullest extent permitted by applicable law, Cresc will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities arising out of or related to the Services or this Agreement.

4. Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where such limitation is prohibited.

5. Neither party will be liable for delay or failure to perform to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, public utility failures, epidemic events, governmental action, cyberattacks, or major telecommunications outages.

XI. Governing Law, Disputes, and Miscellaneous

1. Unless otherwise required by applicable law or set out in a separate written agreement, this Agreement is governed by the laws of the mainland People's Republic of China, without regard to conflict of laws principles.

2. The parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement through good-faith consultation. If consultation fails, either party may submit the dispute to a court of competent jurisdiction.

3. We may amend this Agreement from time to time to reflect changes in law, regulation, security requirements, business practices, or product functionality. The updated version will become effective upon posting or upon the effective date stated in the notice. Your continued use of the Services after the updated Agreement becomes effective constitutes acceptance of the updated Agreement.

4. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be interpreted to the maximum extent permitted by law to reflect the parties' original intent.

5. Our failure to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision.

6. Questions regarding this Agreement may be directed to [email protected].