Updated on: 26th April 2018
Effective Date: 26th April 2018
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU
REPRESENT (hereinafter “You” or “Your”) AND ESKIMO SOFTWARE LTD
(hereinafter “Eskimo”) GOVERNING YOUR USE OF ESKIMO LEAD
MANAGEMENT AND ANY COLLABORATION SOFTWARE.
Parts of this Agreement
This Agreement consists of the following terms and conditions
(hereinafter the “General Terms”) and terms and conditions, if
any, specific to use of individual Services (hereinafter the
“Service Specific Terms”). The General Terms and Service
Specific Terms are collectively referred to as the “Terms”. In
the event of a conflict between the General Terms and Service
Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in
order to accept the Terms. If you do not agree to the General
Terms, do not use any of our Services. If you agree to the
General Terms and do not agree to any Service Specific Terms,
do not use the corresponding Service. You can accept the Terms
by checking a checkbox or clicking on a button indicating your
acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services for online collaboration and
management including automated lead generation from web
enquiry, automated lead management, email client, SMS client,
diary, graphs and analytics and online custom form creation
("Service" or "Services"). You may use the Services for your
personal and business use or for internal business purpose in
the organization that you represent. You may connect to the
Services using any Internet browser supported by the Services.
You are responsible for obtaining access to the Internet and
the equipment necessary to use the Services. You can create
and edit content with your user account and if you choose to
do so, you can publish and share such content.
Subscription to Beta Service
We may offer certain Services as closed or open beta services
("Beta Service" or “Beta Services”) for the purpose of testing
and evaluation. You agree that we have the sole authority and
discretion to determine the period of time for testing and
evaluation of Beta Services. We will be the sole judge of the
success of such testing and the decision, if any, to offer the
Beta Services as commercial services. You will be under no
obligation to acquire a subscription to use any paid Service
as a result of your subscription to any Beta Service. We
reserve the right to fully or partially discontinue, at any
time and from time to time, temporarily or permanently, any of
the Beta Services with or without notice to you. You agree
that Eskimo will not be liable to you or to any third party
for any harm related to, arising out of, or caused by the
modification, suspension or discontinuance of any of the Beta
Services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Eskimo notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms. Organization Accounts and Administrators
When you are set up with an account for your organization you
may specify one or more administrators. The administrators
will have the right to configure the Services based on your
requirements and manage end users in your organization
account. If your organization account is created and
configured on your behalf by a third party, it is likely that
such third party has assumed administrator role for your
organization. Make sure that you enter into a suitable
agreement with such third party specifying such party’s roles
and restrictions as an administrator of your organization
account. You are responsible for i) ensuring confidentiality
of your organization account password, ii) appointing
competent individuals as administrators for managing your
organization account, and iii) ensuring that all activities
that occur in connection with your organization account comply
with this Agreement. You understand that Eskimo is not
responsible for account administration and internal management
of the Services for you. You are responsible for taking
necessary steps for ensuring that your organization does not
lose control of the administrator accounts. You may specify a
process to be followed for recovering control in the event of
such loss of control of the administrator accounts by sending
an email to
[email protected],
provided that the process is acceptable to Eskimo. In the
absence of any specified administrator account recovery
process, Eskimo may provide control of an administrator
account to an individual providing proof satisfactory to
Eskimo demonstrating authorization to act on behalf of the
organization. You agree not to hold Eskimo liable for the
consequences of any action taken by Eskimo in good faith in
this regard.
Personal Information and Privacy
Personal information you provide to Eskimo through the Service
is governed by Eskimo Privacy Policy. Your election to use the
Service indicates your acceptance of the terms of the Eskimo
Privacy Policy. You are responsible for maintaining
confidentiality of your username, password and other sensitive
information. You are responsible for all activities that occur
in your user account and you agree to inform us immediately of
any unauthorized use of your user account by email to
[email protected]
or by calling us on any of the numbers listed on
https://www.eskimo-software.com
. We are not responsible for any loss or damage to you or to
any third party incurred as a result of any unauthorized
access and/or use of your user account, or otherwise.
Communications from Eskimo
The Service may include certain communications from Eskimo,
such as service announcements, administrative messages and
newsletters. You understand that these communications shall be
considered part of using the Services. As part of our policy
to provide you total privacy, we also provide you the option
of opting out from receiving newsletters from us. However, you
will not be able to opt-out from receiving service
announcements and administrative messages.
Complaints
If we receive a complaint from any person against you with
respect to your activities as part of use of the Services, we
will forward the complaint to the primary email address of
your user account. You must respond to the complainant
directly within 10 days of receiving the complaint forwarded
by us and copy Eskimo in the communication. If you do not
respond to the complainant within 10 days from the date of our
email to you, we may disclose your name and contact
information to the complainant for enabling the complainant to
take legal action against you. You understand that your
failure to respond to the forwarded complaint within the 10
days’ time limit will be construed as your consent to
disclosure of your name and contact information by Eskimo to
the complainant.
Fees and Payments
The Services are available under subscription plans of various
durations. Payments may be processed by either Eskimo or our
partners Skupenet. Your subscription will be automatically
renewed at the end of each subscription period unless you
inform us that you do not wish to renew the subscription. At
the time of automatic renewal, the subscription fee will be
charged using whatever payment method last used by you. If you
do not wish to renew the subscription, you must inform us at
least seven days prior to the renewal date. I you have not
informed us that you do not wish to renew the subscription,
you will be presumed to have authorized Eskimo to charge the
subscription fee to the Credit Card last used by you. From
time to time, we may change the price of any. Any increase in
charges will not apply until the expiry of your then current
billing cycle.
Restrictions on Use
In addition to all other terms and conditions of this
Agreement, you shall not: (i) transfer the Services or
otherwise make it available to any third party; (ii) provide
any service based on the Services without prior written
permission; (iii) use the third party links to sites without
agreeing to their website terms & conditions; (iv) post links
to third party sites or use their logo, company name, etc.
without their prior written permission; (v) publish any
personal or confidential information belonging to any person
or entity without obtaining consent from such person or
entity; (vi) use the Services in any manner that could damage,
disable, overburden, impair or harm any server, network,
computer system, resource of Eskimo; (vii) violate any
applicable local, state, national or international law; and
(viii) create a false identity to mislead any person as to the
identity or origin of any communication.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that
are inactive for a continuous period of 120 days. In the event
of such termination, all data associated with such user
account will be deleted. We will provide you prior notice of
such termination and option to back-up your data. The data
deletion policy may be implemented with respect to any or all
of the Services. Each Service will be considered an
independent and separate service for the purpose of
calculating the period of inactivity. In other words, activity
in one of the Services is not sufficient to keep your user
account in another Service active. In case of accounts with
more than one user, if at least one of the users is active,
the account will not be considered inactive.
Data Ownership
We respect your right to ownership of content created or
stored by you. You own the content created or stored by you.
Unless specifically permitted by you, your use of the Services
does not grant Eskimo the license to use, reproduce, adapt,
modify, publish or distribute the content created by you or
stored in your user account for Eskimo’s commercial, marketing
or any similar purpose. But you grant Eskimo permission to
access, copy, distribute, store, transmit, reformat, publicly
display and publicly perform the content of your user account
solely as required for the purpose of providing the Services
to you.
User Generated Content
You may transmit or publish content created by you using any
of the Services or otherwise. However, you shall be solely
responsible for such content and the consequences of its
transmission or publication. Any content made public will be
publicly accessible through the internet and may be crawled
and indexed by search engines. You are responsible for
ensuring that you do not accidentally make any private content
publicly available. Any content that you may receive from
other users of the Services, is provided to you AS IS for your
information and personal use only and you agree not to use,
copy, reproduce, distribute, transmit, broadcast, display,
sell, license or otherwise exploit such content for any
purpose, without the express written consent of the person who
owns the rights to such content. In the course of using any of
the Services, if you come across any content with copyright
notice(s) or any copy protection feature(s), you agree not to
remove such copyright notice(s) or disable such copy
protection feature(s) as the case may be. By making any
copyrighted/copyrightable content available on any of the
Services you affirm that you have the consent, authorization
or permission, as the case may be from every person who may
claim any rights in such content to make such content
available in such manner. Further, by making any content
available in the manner aforementioned, you expressly agree
that Eskimo will have the right to block access to or remove
such content made available by you if Eskimo receives
complaints concerning any illegality or infringement of third
party rights in such content. By using any of the Services and
transmitting or publishing any content using such Service, you
expressly consent to determination of questions of illegality
or infringement of third party rights in such content by the
agent designated by Eskimo for this purpose. For procedure
relating to complaints of illegality or infringement of third
party rights in content transmitted or published using the
Services, email
[email protected].
If you wish to protest any blocking or removal of content by
Eskimo, you may do so by emailing email
[email protected].
Sample files and Applications
Eskimo may provide sample files and applications for the
purpose of demonstrating the possibility of using the Services
effectively for specific purposes. The information contained
in any such sample files and applications consists of random
data. Eskimo makes no warranty, either express or implied, as
to the accuracy, usefulness, completeness or reliability of
the information or the sample files and applications.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE
SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN
AS-IS-AND-AS-AVAILABLE BASIS. ESKIMO EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ESKIMO MAKES NO WARRANTY
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH
THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA
THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF
ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN
OR ORAL, OBTAINED BY YOU FROM ESKIMO, ITS EMPLOYEES OR
REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.
Limitation of Liability
YOU AGREE THAT ESKIMO SHALL, IN NO EVENT, BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF
BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED
BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ESKIMO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO
EVENT SHALL ESKIMO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY
SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY
YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless Eskimo, its officers,
directors, employees, suppliers, and affiliates, from and
against any losses, damages, fines and arising out of or
relating to any claims that you have used the Services in
violation of another party's rights, in violation of any law,
in violations of any provisions of the Terms, or any other
claim related to your use of the Services, except where such
use is authorized by Eskimo.
Suspension and Termination
We may suspend your user account or temporarily disable access
to whole or part of any Service in the event of any suspected
illegal activity, extended periods of inactivity or requests
by law enforcement or other government agencies. Objections to
suspension or disabling of user accounts should be made to
[email protected] within thirty days of being
notified about the suspension. We may terminate a suspended or
disabled user account after thirty days. We will also
terminate your user account on your request. In addition, we
reserve the right to terminate your user account and deny the
Services upon reasonable belief that you have violated the
Terms and to terminate your access to any Beta Service in case
of unexpected technical issues or discontinuation of the Beta
Service. You have the right to terminate your user account if
Eskimo breaches its obligations under these Terms and in such
event, you will be entitled to prorated refund of any prepaid
fees. Termination of user account will include denial of
access to all Services, deletion of information in your user
account such as your email address and password and deletion
of all data in your user account.
END OF TERMS OF SERVICE