THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND Automate SMB Enterprises (hereinafter “ Automate SMB”) GOVERNING YOUR USE OF Automate SMB On Demand software services.This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
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 Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms, or by actually using our Services. Employees or affiliates of businesses offering services that directly compete with any of Automate SMB’s services are expressly prohibited from accessing any Automate SMB Services for competitive research or related activities.
Description of Service
Automate SMB’s Vtiger CRM On Demand service (“Service” or “Services”) provides customer relationship management application for businesses. The application enables businesses to manage Contacts, Accounts, Campaigns, Sales pipeline, Projects, Inventory, and includes a host of features such as Dashboards, Reports, Access Control, ..etc.. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. 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 Trial.
Subscription to Free Trial
We offer new clients a license to try our service for free (“Trial”) for a limited period of time. You are under no obligation to acquire a subscription to use any paid Service as a result of your subscription to Trial.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website terms-of-service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Automate SMB has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Vtiger may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Communications from Automate SMB
The Service may include certain communications from Automate SMB, 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.
Fees, Payments, Cancellations, & Refunds
2 days before end of your free trial a confirmation message shall be sent to you to confirm if you would like to continue subscription. Upon confirmation an Order shall be generated and sent over via email with all the payment details. Subscriber is then required to pay the amount and there by activating his paid subscription plan. No Refund shall be provided in any scenario. We reserve the right to modify subscription fees and to charge for the use of Services that are currently available free of charge.
You can discontinue this subscription at any time by sending an email to firstname.lastname@example.org. Cancellations that are made prior to the end of any subscription period will stop the automatic renewal of your Automate SMB Vtiger On Demand subscription at the end of the subscription period. Your account will remain active until the end of the subscription period that has already been paid for. You will not be charged for using any Service unless you have opted-in for a paid subscription plan.
If payment is not received on or before the due date (10 days from you subscription cycle start date), your account will be put in suspended state, for the next 10 days. To re-activate your account, you can simply pay outstanding invoice(s). If your account has not been activated within 10 days of suspension, your instance will be deleted. An archive will be available for another 10 days.
If your account has been closed and if any archive is available, to restore from archive, a $100 account restoration fee will apply in addition to any unpaid invoices.
Automate SMB will review and respond to payment disputes submitted to email@example.com address.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (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; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “ mail”, “”, “ letters”, “” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Treatment of Trial Accounts After the Trial Period is Over
If a paid subscription is not created within 7 days after your trial is completed, we reserve the right to delete the trial account and all associated trial data at or beyond the 7 day mark.
Data in Paid Accounts That Are Cancelled or With Payment Overdue
If for any reason if payment is not made within the due date, we reserve the right to suspend access to your account within 15 days of the failed billing attempt, and to delete your account, users, and all associated data within 30 days of the due date.
Use of Extensions
When a custom built extension or extension purchased from vtiger marketplace is installed, Automate SMB shall not be held responsible for any loss of data, disruption of the application, data theft or any issues emerging due to the extension. Automate SMB recommends to only install extensions purchased from Vtiger marketplace and extension reviewed by Automate SMB. In case any extension which is installed where in the extension source code is encrypted or not in human readable format Automate SMB could not review the extension and as such shall not be responsible for any disruption in the service.
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. Automate SMB 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. Automate SMB MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS 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 Automate SMB, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Suspension and Termination
End of Terms of Service