EMANAGE CRM DEVELOPMENT INC.
TERMS OF CONDITIONS
YOU, YOUR AFFILIATES, AND ANY COMPANY YOU REPRESENT AGREE TO FOLLOW AND BE BOUND BY THIS ACCEPTABLE USE POLICY (“AUP”). IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR AFFILIATE(S) OR COMPANY, YOU ARE REPRESENTING TO US THAT YOU HAVE READ THESE TERMS, YOU HAVE THE AUTHORITY TO BIND YOUR AFFILIATE(S) OR COMPANY, AND THE TERM “YOU” SHALL REFER TO YOUR AFFILIATE(S) AND COMPANY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR AFFILIATES OR COMPANY COMPLY WITH THIS AUP.
1. Scope.
This AUP applies to Your use of all of Our services, including all subscriptions for Our hosted software as a service (SaaS) solutions and any other related services that We may provide to You ("Services").
2. Effective Date policy.
As of January 1, 2021
3. Changes to Policy.
This AUP is current as of the date set forth above. We reserve the right to update AUP from time to time consistent with applicable laws and principles. Any changes will be effective as of the date we publish the revised version at CRM.com/legal, or as otherwise specified in the AUP. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THIS AUP, YOU MUST NOT USE THE SERVICES.
4. Violations.
Any violation of this AUP will be considered a material breach of Our Terms of Use and/or any other agreement You have with Us governing Your use of the Services. We reserve the right to terminate or suspend Your account for any violation of this AUP, and We will not be liable for any interruptions in service or other monetary loss related to enforcement of this AUP.
You will be solely responsible for any monetary damages suffered by Us due to Your actions or inactions, including without limitation, regulatory penalties (e.g., FTC) and punitive damages related to Our lost clients and revenues. Further, You agree to indemnify and hold Us harmless from and defend Us against any third-party or government claims, including all related damages, costs and expenses (including reasonable attorneys' fees), that arise due to Your violation this AUP, including damages related to other users of the Services and attorney's fees.
5. Prohibited Material.
You may not, and may not allow any third‐party, including Your users, to use the Services to display, store, process or transmit, or permit use of Services to display, store, process or transmit (collectively the "Prohibited Material"):
  • Material that infringes or misappropriates, or uses without appropriate consent, a third-party's intellectual property or proprietary rights;
  • Hate‐related, abusive, and/or material advocating discrimination against individuals or groups;
  • Material related to violence of any kind, including instructions on how to assemble or otherwise make bombs or other weaponry
  • Obscene, excessively profane, disparaging, defamatory, malicious, unlawful or otherwise objectionable material, including pornographic or illicitly pornographic sexual products, adult magazines, video and software, escort services, dating services, adult "swinger" material, or anything which exploits of minors under 18 years of age;
  • Material advocating or advancing criminal hacking, cracking, or phishing;
  • Material related in any way to illegal drugs or paraphernalia, marijuana and related paraphernalia, prescription drugs, and any product subject to or content in violation of the Controlled Substances Act;
  • Material that in any way targets children 13 years of age or younger;
  • Unlawful software and malicious code, (such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs), or corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third‐party rights, including publicity or privacy rights;
  • Debt collections, credit repair and debt relief offerings stock picks or promotions "get rich quick" and other similar offers;
  • Cryptocurrency sales and promotions or material related to "Mining" bitcoins and other cryptocurrencies; or
  • Content related to pyramid schemes or network marketing (i.e. MLM) businesses, odds making and betting/gambling services, including but not limited online casino games, and sporting events
6. Prohibited Actions.
You may not use the Services to, nor allow its users or any third‐party to use the Service to:
  • Publish, post, upload, distribute, promote, sell, support, facilitate or otherwise make available, or engage in any activity related in any way to, any Prohibited Material;
  • Process nothing illegal or to post and use anything illegal defamatory or abusive;
  • Generate or facilitate unsolicited commercial email (spam), including without limitation:
- Sending communications or email in violation of the can‐spam act or any other applicable anti‐spam law or regulation;
- Sending unauthorized mail via open, third‐party servers;
- Sending email to users who have requested to be removed from a mailing list;
- Marketing to any lists whose recipients did not express explicit consent to receive such marketing material;
- Selling to, exchanging with, sharing with or distributing to a third-party personal information, including the email addresses of any person without such person's knowing and continued consent to such disclosure; or
- Sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
  • Send voice broadcasts to any recipient listed on the National Do Not Call Registry, or a fax to any recipient, without first obtaining express permission from the recipient to receive such communications from You;
  • Send unsolicited communications that direct individuals to of Our e-Commerce services that reference Us;
  • Create a false identity for the purpose of misleading others, impersonate another person, entity or Us (via the use of an email addressor otherwise) or otherwise misrepresent the source of any communication;
  • Perform significant load or security testing without first obtaining Our written consent, or otherwise Interfere with other users' enjoyment of the Services;
  • Engage in activity in connection with illegal peer‐to‐peer file sharing;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or reformat or frame any portion of the web pages that are part of the Services;
  • Obtain or attempt to obtain unauthorized access to, or materials or information from, any Services, accounts, computer systems or networks connected to any of the Services, including without limitation, through hacking, password mining or any other means;
  • Violate in any manner the applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self‐Regulatory Principles as directed by the Digital Advertising Alliance and the Network Advertising Initiative or any other generally accepted industry associations, carrier guidelines or other industry, third-party policies or requirements that We may communicate to You;
  • Generate or facilitate any communications (including without limitation, SMS, MMS, or other text messages, calls, faxes, or push notifications) in violation of the Telephone Consumer Protection Act, the Do‐Not‐Call Implementation Act, or any other applicable law including anti‐spam, telemarketing or telephone consumer protection laws or regulations;
  • Violate any applicable policy, terms of use, or agreement with Us, including without limitation, Our Terms of Use, the Click to Call / Click to Text Beta Service Terms of Use, and DMCA Policy, as may be updated or amended from time to time;
  • Violate any rules and regulations of card networks including Visa and MasterCard;
  • Violate any Stripte Inc. (STRIPE) rules of Your country including those of the United States and Canada; or
  • Violate any other applicable laws or regulations.
7. Additional Requirements.
  • All email lists used in conjunction with the services provided by Us are required to be 100% solicited (opt-in) lists, and You must have sufficient evidence, as determined in Our sole discretion, that all individuals in Your database have opted in or otherwise explicitly agreed to receive communications from You. Bartering, purchasing or renting lists of names and sending emails to those people is strictly prohibited, and marketing lists containing email addresses cannot be shared/duplicated/transferred between Our individual applications.
  • All email messages sent using the Services must use Our provided opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the email. The opt-out link may not be excessively "padded" with line- breaks or similar means to deceive recipients. Unsubscribe requests must be processed immediately.
  • You must publish, enforce and abide by a privacy policy that protects Your customers' personal information in Your possession or under Your control. Such privacy policy at a minimum must be as stringent as Our Privacy Policy. In particular, You agree that You will not sell, loan or in any way pledge or hypothecate the personal information of Your customers to any other person or entity by way of joint venture or any other agreement.
  • You must provide a complete description of the goods or services offered.
  • You must detail all transaction currencies to be used.
  • You must list all your contact information and tax registration information.
  • You must allow returns and refunds of products.
  • You must list returns and refund and shipping policy.
  • You must comply with all import and export restrictions of the product.
  • You must have a consumer data privacy policy.
  • You must provide terms and conditions of any promotions for sales.
  • Your must detail security and policy for card security.
  • You must comply with all rules and regulations of all card networks including Visa and MasterCard.
  • You must comply with all STRIPE rules of your country including those of the United States and Canada.
8. Stripe Inc. (STRIPE) Requirements.
You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Services.
Restricted Businesses and Activities: You may not use the Services to enable any person (including you) to benefit from any activities STRIPE has identified as a restricted business or activity (collectively, “Restricted Businesses”). Restricted Businesses include use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
Please review the list of Restricted Businesses thoroughly. STRIPE may add to or update the Restricted Business List at any time.
Other Restricted Activities: You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public STRIPTE systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under the Services; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (ix) impose an unreasonable or disproportionately large load on the Service.
9. Complaints.
Complaints" may include, but are not limited to, individual reports emailed to contactus@emanagecrm.com or support@emanagecrm.com , third-party Internet Service Provider ("ISP") complaint notifications, notification from anti-spam organizations such as "SpamCop" and internal heuristic research.
Upon receiving a complaint, We will investigate the complaint, and will make a reasonable effort to contact You by email, telephone and/or login notification within the Services to notify You of the complaint.
If You do not take immediate remedial action to rectify any complaint, or in the event of widespread and/or repeated violations, or excessive complaints exceeding industry standards (currently < 0.1% on a per Email/ISP basis, but subject to change at any time), We reserve the right to suspend or terminate Your access to the Services until the situation has been resolved to Our satisfaction in Our sole discretion. In the event of suspension, Services can only be reinstated by meeting the criteria We determine to minimize and address complaints.