Terms and Conditions

Updated on 9th Aug, 2019

“SMAC CRM” or “SMACCRM” and its related services (“Service”) subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.

SMAC CRM reserves the right to update and change the Terms of Service at any time without notice. All new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to said changes.

Violation of any of the terms below will result in the termination of your account. While SMAC CRM prohibits such conduct and content on the service, you understand and agree that SMAC CRM cannot be held responsible for the content posted on the Service and you may be exposed to such content. You agree to use the Service at your own risk.

Account Terms

  • You must be human. Accounts registered by bots and other automated methods are not permitted.
  • SMAC CRM may communicate with you via various medium of communication regarding your account, updates, news, and other issues related to your account. You automatically get subscribed to our mailing lists and newsletters. You can choose to opt out from receiving emails.
  • You are responsible for maintaining the security of your account and password. SMAC CRM cannot and will not be responsible for any loss or damage from your failure to comply with this security obligation.
  • You are liable for all content posted and activity that occurs under your account.
  • We have a soft limit on all our plans and should we believe that you are abusing the service, we may temporarily suspend your account and will seek your cooperation in this regard.
  • We reserve the rights to accept or refuse to any potential client. We have the sole discretion on whether to allow you to register, renew, change plan, or use our services.
  • You must provide your legal full name, a valid business email address, and any other information requested in order to complete the sign up process.

Cancellation and Termination

  • The account owner is the only person who can cancel an account. You are solely responsible for properly cancelling your account. Any email/ phone/ contact request to cancel account will not be entertained. Please ensure that the cancelation requests are made only through the web portal and mobile app.
  • Account cancelations typically take about 7 business day to be processed. Once your account is cancelled, all your account information will be permanently deleted.
  • SMAC CRM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SMAC CRM service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account. SMAC CRM reserves the right to refuse service to anyone for any reason at any time.
  • SMAC CRM reserves the right to cancel the Service or to discontinue accounts for users who have Free Service accounts that have been inactive.

Modifications to the Service

  • SMAC CRM reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice.

Copyright and Ownership

  • SMAC CRM or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which SMAC CRM or its suppliers own.
  • SMAC CRM claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.

General Conditions

  • Your use of the Service, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
  • You understand that the Service can be used for transmission of your Content, and that during processing; your Content may be transferred unencrypted over the internet.
  • You understand that SMAC CRM uses third party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the service.
  • You agree not to resell, duplicate, reproduce, or exploit any part of the Service without the explicit written permission of SMAC CRM.
  • You may not use the service to store, host, or send unsolicited email (spam), chats or SMS messages. SMAC CRM is Anti-Spam compliant and does not authorize or permit spam to be sent out via the automation service by you. If there is evidence of spam, your services might be suspended without notice. Accidental spam must immediately be reported to SMAC CRM to prevent suspension.
  • You may not use the service to transmit any viruses, worms, or malicious content.
  • SMAC CRM makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
  • SMAC CRM, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  • If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  • SMAC CRM may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • The Terms of Service sets forth the entire understanding between you and SMAC CRM as to the Service, and supersedes any prior agreements between you and SMAC CRM (including, but not limited to, prior versions of the Terms of Service).
  • Any questions regarding the Terms of Service should be addressed to support@smacsoftwares.com

Cookies

  • Cookies are files that your web browser places on your computer’s hard drive and are used to tell us whether you have visited the Service previously. SMAC CRM uses a persistent cookie to help save and retrieve information used on the Service. SMAC CRM issues a session cookie only to record information for the duration of a specific session. The session cookie does not include either the user name or password of the Member

Indemnity

  • You shall indemnify and hold SMAC CRM and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities or whatsoever, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Proprietary Rights

  • Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that SMAC CRM or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data.

Governing Law

These Terms shall be governed by the laws of the Germany without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the Germany for the purpose of resolving any dispute relating to your access to or use of the Service.

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