Claim: A Twitter user claims that the terms and conditions of the Crowwe application are the same with those of Spotify.
The claim that Crowwe’s Terms and Conditions were copied from Spotify is TRUE as findings reveal similarities. Also, the link found in Crowwe’s Terms and Conditions redirects users to Spotify’s Terms and Conditions of Use.
Full Text
Amid the recent announcement of Twitter ban by the Federal Government (FG) of Nigeria, former Nigerian presidential candidate, Adamu Garba, has named the Crowwe application as the alternative to the microblogging website.
In a statement on Friday, the federal government placed a ban on Twitter, saying the application undermines Nigeria’s corporate existence. This ban was greeted with outrage by Nigerians who felt the government had acted against the constitution which guaranteed freedom of expression.
While some have devised other means of accessing Twitter, Adamu Garba, trended from Friday, the notion that the Crowwe application, could be an alternative.
However, Twitter users have criticised the application on many grounds including its privacy policy. One other major criticism is the similarity of the terms and conditions with those of Spotify, a music streaming platform.
A Twitter user, Ego Beke (@rubylaren) wrote that the terms and conditions of the Crowwe App are the same with Spotify.
“Check the Crowwe app’s terms and conditions. It’s the SAME thing as Spotify. They didn’t even bother editing. Like if you click on the hyperlink it redirects you to Spotify theft. What sort of pangolo app is that?”
Excerpt of Ego Beke’s claim.
Another Twitter user Bukola (@bukiola) made the same claim with a 15-second video showing how a click on the terms and condition of the App leads to spotify’s page.
Also on Saturday June 6, 2021, a Twitter post by Tayo Dips (@tayo_dips) reported the Crowwe App to Spotify for copying it’s Terms and Conditions and also called for a lawsuit against Crowwe for plagiarism.
“Hi @Spotify I’d like to report an intellectual property theft. The app @CrowweApp (Gloome Business Connections Ltd) made an authorised copy of your terms & conditions, WORD for WORD, uploading it on App Stores.
I think you should file a lawsuit for infringing copyright.”
Excerpt of the Twitter post
Verification
To verify these claims, Dubawa downloaded the Crowwe App on Google PlayStore, to get details about its terms and conditions.
After downloading, Dubawa was greeted with a landing page, which directed users to read and accept the App’s Privacy Policy and Terms and Services. It says: “Read our Privacy Policy. Tap Agree and Continue to accept the Terms of Services.
Reading through the platform’s Terms of Services, Dubawa observed that a link to the terms and conditions listed, redirected users to the Spotify Terms and Conditions of Use.
This suggests that Crowwe’s Terms of Service were copied and edited from Spotify’s Terms and Conditions of Use. It appears the owners or developers of the Crowwe App must have forgotten to delete the Spotify hyperlink.
Dubawa also observed that although they had been edited, many items on Crowwe’s Terms and Conditions such as its Limitation on Liability and Disclaimer of Warranties, bear similarities with items on Spotify’s Terms and Conditions of Use.
Why Spotify, a Swedish music service launched in 2008, and the Crowwe app launched in 2020 are linked with so many similarities in their T and C, is a cause for concern, seeing their functions do not even align.
Terms and Conditions of an App
A Terms and Conditions agreement, also known as a T&C, Terms of Use or Terms of Service, is the legal backbone of the relationship between a mobile app and its users.
This lists clauses that highlight the rules, requirements, restrictions and limitations that a user must agree to in order to use the mobile App.
A Terms and Conditions is not mandatory like the Privacy policy under any laws or required by any app stores.
Why Terms and Conditions?
Terms and Conditions is beneficial to the business that owns the App and to the users.
Here are some of these benefits for businesses:
- You will be protected against abuses by users, such as copyright infringement, spamming of other users, and general misuse of your app
- You can require arbitration over litigation, and even select the governing law to be used in the event of a legal issue
- You maintain the right to terminate user’s accounts at any time you may need or want to
- Your liability to users will be limited
To enjoy the above benefits, specific clauses and the demand for users to agree to be bound by them should be made and clearly stated, so that it can be enforced where necessary.
For the user, here are some of the benefits:
- Users will get an explanation of their rights, rules they must follow, and what they can expect when using your app.
- Helps users understand what is expected of them by explaining things like how payments must be made, what a user must refrain from doing, and how to reach customer support with any concerns or for assistance.
How to develop T and Cs
T&Cs can be developed by the owner of the business, a lawyer or using that of others as models or templates but this must be customized to suit your business, product or service.
There are also websites that help you generate templates like Tertempla’s terms and conditions generator, which makes it easy to create a Terms and Conditions agreement for your business.
What does copying another business’s T & C mean?
Because T&C agreements are often complex, copying or borrowing another entity’s agreement is very tempting to save time and costs. Borrowing another’s T&C is common and generally legal, but doing so exposes your company to legal risks. One risk is that copying an agreement word-for-word is plagiarism and a violation of copyright law.
Although business terms and conditions may not be the most creative pieces, they still fall under the definition of literary works and as such are protected in law.
Also, if you copy the T & C agreement of another business it is likely that differences in location, policies, and other areas can prevent their T&C from actually being effective.
Conclusion
The claim that Crowwe’s Terms and Conditions were copied from Spotify is TRUE as findings reveal that the link in Crowwe’s Terms and Conditions redirects to Spotify’s Terms and Conditions of Use.
Also, some items in the Crowwe’s Terms and Conditions bear similarities with items on Spotify’s Terms and Conditions of Use.
