Last modified: May 23, 2018.
References in this Terms of Services to “Letrium”, “we”, “us”, “our” shall mean Letrium, LIMITED LIABILITY COMPANY (company registered in Ukraine on 5 September 2011, legal address: Rivnenska, 5A, Chernivtsi, Ukraine, 58013; physical address: Rivnenska, 5A, office 404, Chernivtsi, Ukraine, 58013).
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 Letrium and are not barred under any applicable laws or contracts from doing so. Letrium reserves the right to request written confirmation regarding your authority to enter into this contract.
The Services allows 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.
When you create an account with us, you must provide us 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.
Letrium 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 LETRIUM
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 Letrium 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 Letrium. 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 WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Letrium. Letrium has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Letrium 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 web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
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.
Letrium reserves the right to restrict, suspend, or terminate your account if we believes that you may be in breach of these Terms or law or are misusing the Services.
We may provide you with legal notices and notices related to your account via email using the email address associated with your account.
10. LIMITED WARRANTY.
THE SERVICE AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LETRIUM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING THE SERVICE AND ANY RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. LETRIUM DOES NOT WARRANT THAT THE SERVICE IS FREE FROM BUGS AND ERRORS. Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, some of the foregoing disclaimers, exclusions or limitations may not apply to you insofar as they relate to implied warranties.
11. LIMITATION OF LIABILITY.
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY LETRIUM IN SECTION 10 ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, LETRIUM, ITS AFFILIATES, RESELLERS, AND CERTIFICATE AUTHORITIES 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 LETRIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, LETRIUM’ AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, RESELLERS AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTIOIN WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO LETRIUM HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH BY LETRIUM OF THIS AGREEMENT. LETRIUM is acting on behalf of its 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. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
12. 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. Letrium may make changes to this 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.
13. LICENSES AND ADDITIONAL TERMS
We offer different kinds of Services, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services.
EspoCRM is an open source Customer Relationship Management web application, licensed under GPLv3.
Cloud Subscriber Agreement (https://www.espocrm.com/espocrm-cloud-subscriber-agreement/)
Advanced Pack Agreement (https://www.espocrm.com/advanced-pack-agreement/)
VoIP Integration Extension Agreement (https://www.espocrm.com/voip-extension-agreement/)
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
In no event will Letrium’s liability arising out of or related to this Terms exceed the amount paid by you under this Agreement in the twelve (12) month period.
If any provision of this Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms will otherwise remain in full force and effect and enforceable. This Terms is not assignable, transferable or sublicensable by you except with Letrium’s prior written consent.
If you breach these Terms and Letrium ignores this, Letrium will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
Letrium may transfer and assign any of its rights and obligations under this Terms without consent. This Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions.
15. CONTACT US
If you have any questions about the Terms, please contact us.