References in these Terms of Services to “EspoCRM,” “we,” “our,” or “us” shall mean EspoCRM, Inc., a Delaware corporation and its affiliates.
These Terms of Services (“Terms”) govern your access to and use of our services, including our various websites that link to these Terms (collectively, the “Services”).
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users, visitors, and others who access or use the Services.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms.
You agree not to misuse the Services.
You may not do, or try to do, the following:
- use the Services for any unlawful purpose or for promotion of illegal activities;
- impersonate another person through the Services or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- publish or post other people’s private or personally identifiable information;
- send unsolicited communications, promotions advertisements, or spam;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services;
- crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.
1. WHO CAN USE THE SERVICES
You may use the Services only in compliance with these Terms, if you are 18 years or older, have the authority to enter into a legally binding contract with EspoCRM, and are not barred under any applicable laws or contracts from doing so. EspoCRM reserves the right to request written confirmation regarding your authority to enter into this contract.
2. CONTENT
The Services allow you to post, view, publish, link, store, share, manage, and otherwise create and make available ideas, opinions, recommendations, as well as textual, graphic, or other content (the “Content”).
You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.
You retain ownership of the Content. By posting, submitting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods whether now known or later developed.
You represent and warrant that the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
3. ACCOUNTS
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. PRIVACY POLICY
The EspoCRM respects your privacy and permits you to control the treatment of your personal information. We collect, use, and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. The EspoCRM’s privacy policy is expressly incorporated into the Terms by this reference.
5. SECURITY
EspoCRM uses industry standard technical and organizational security measures in connection with the storage, processing, and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.
6. INTELLECTUAL PROPERTY OF EspoCRM
The Services and its original content (excluding Content provided by users) including without limitation all know-how, concepts, logic, structure, components, layout, design, source codes, specifications, instructions, features, functionality, and other intellectual property rights (registered and unregistered) are and will remain the exclusive property of EspoCRM and are protected throughout the world by copyright, trademark, and other intellectual property rights. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of EspoCRM. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by EspoCRM. EspoCRM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
You further acknowledge and agree that EspoCRM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. TERMINATION
You are free to stop using our Services at any time. If you wish to terminate your account, you are required to notify us in writing of the date from which you no longer wish to use the Services.
EspoCRM reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of these Terms or law or are misusing the Services.
9. NOTICES
We may provide you with legal notices and notices related to your account via email using the email address associated with your account.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, ESPOCRM HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE, REGARDING THE WEBSITES AND ANY RELATED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR ACCURACY, OR THEIR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ESPOCRM OR AN ESPOCRM-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
ESPOCRM DOES NOT WARRANT THAT THE WEBSITES OR ANY RELATED SERVICES ARE SECURE, OR ARE FREE FROM BUGS, ERRORS, OR WILL BE UNINTERRUPTED, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE WEBSITES OR SERVICES WILL BE CORRECTED.
11. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY ESPOCRM IN SECTION 10 ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, ESPOCRM, ITS AFFILIATES, RESELLERS, AGENTS, OR PRINCIPALS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY, OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF ESPOCRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, ESPOCRM’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, RESELLERS, AGENTS, AND PRINCIPALS, UNDER OR IN CONNECTION WITH THE TERMS WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THE TERMS BY ESPOCRM. EspoCRM is acting on behalf of its agents, affiliates, and resellers for the purpose of disclaiming, excluding, and limiting obligations, warranties, and liability, but in no other respects and for no other purpose.
12. SEVERABILITY
If any term, condition, or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
13. GOVERNING LAW AND DISPUTES
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any cause of action arising out of or relating to these Terms must be brought exclusively in the state courts of Delaware or the United States District Court for the District of Delaware, and the appellate courts having jurisdiction of appeals in such courts.
14. CHANGES TO THE TERMS
If we are involved in a reorganization, merger, acquisition, or sale of our assets, your information may be transferred as part of that deal. EspoCRM may make changes to these Terms from time to time. When we make changes to the Terms, we will notify you, either through the user interface, in an email notification, or through other reasonable means.
15. MISCELLANEOUS
You may not assign or otherwise transfer any of your rights or obligations under these Terms without the EspoCRM’s prior written consent.
In no event will EspoCRM’s liability arising out of or related to these Terms exceed the amount paid by you under this agreement in the twelve (12) month period.
If you breach these Terms and EspoCRM ignores this, EspoCRM will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
EspoCRM may transfer and assign any of its rights and obligations under these Terms without consent.
16. CONTACT US
If you have any questions about the Terms, please contact us.