General Business Terms and Conditions for Providing Services
This Framework Registration Agreement (hereinafter the “Agreement”) is an agreement concluded between you and Sprinx Systems a.s., with its registered office at Výchozí 6, 147 00 PRAGUE 4, Czech Republic. This Agreement regulates unlimited period of free using Sprinx CRM services.
If you purchase our services, this Agreement shall also regulate your purchase and ongoing use of these services.
You will express your consent with this Agreement by clicking on the box stating your consent or by signing an order referring to this agreement; thereby you express your consent with the conditions of this agreement. If you conclude this agreement on behalf of the company or on behalf of any other legal entity, you declare that you are entitled to commit such entity and determined persons to fulfil these general business terms and conditions. If you do not hold such authorization or if you do not agree with these General business terms and conditions, you must not accept this agreement or use the services.
Parts of this Agreement
This Agreement consists of the following General Business Terms and Conditions (hereinafter the “General Conditions“) and specific business conditions for using individual Services (hereinafter “Specific Service Conditions“; the General Conditions and the Specific Service Conditions hereinafter jointly referred to as the “Conditions“). In the case of any conflict between the General Conditions and the Specific Service Conditions, the Specific Service Conditions shall prevail.
Sprinx CRM Free Edition
This service shall be provided to you free of charge for an unlimited period of time or until the commencement of providing any paid service ordered by you. All other conditions constitute a part of this Agreement by reference and are legally binding.
Sprinx CRM Free Edition services SHALL BE PROVIDED WITHOUT ANY GUARANTEE.
When using Sprinx CRM service, please read carefully the relevant description in our Academy to acquaint yourself with the functions and possibilities of the Service before ordering the Service.
Service Sprinx CRM (hereinafter the “Service“ or “Services“) provides an application to the management to manage relationships with customers for enterprises, including related components (such as additions, supplements, offline programs and cooperation services) that you will order within the framework of one registration or order. The Services shall not include any third-party applications (i.e. online, Internet or offline applications) that would be provided by third parties and the operation of which would be connected with the Services as are the third-party applications. You may use the Services for your personal or business purposes or for internal business purposes of the organization that you represent. You can connect yourself to the Services through any Internet browser supporting the Services. You must procure the Internet connection by yourself, as well as the equipment necessary for using the Services. You can create and adjust the contents using your user account and you can publish and share it if you so decide.
Change of the General Business Terms and Conditions for Providing the Services
We are entitled to adjust the Conditions at any time on the basis of a notification, which shall be e-mailed to you or the changes shall be published at the website. If you continue using the Services after the potential changes to the Conditions are notified, this shall be considered as your consent with the new wording of the Conditions.
User’s registration duty
For the access to the Services, you must register a user account by providing all requested data. If you represent an organization and wish to use the Services for internal company purposes, we recommend that you and all other users from your organization register a user account by entering the company contact data. We recommend in particular that you use the company e-mail address.
Personal data and protection thereof
Personal data that you provide to Sprinx Systems through the services shall be governed by Sprinx Systems’ Personal Data Protection Rules. Your decision to use the Services constitutes your consent with the Sprinx Systems’ Protection of Personal Data. See: http://www.sprinx.com/ppd.
You shall be obliged to keep confidential your user name, password and other sensitive information. You shall be liable for all activities on your user account and agree that you shall immediately inform us of any unauthorized use of your user account by e-mail to firstname.lastname@example.org. We shall not be liable for any losses or damages that may be incurred by you or any third parties as a result of any unauthorized access or by misusing your user account in this manner or otherwise.
Sprinx Systems’ Communication
The Services may include certain communications from Sprinx Systems, such as service notices, administrative messages and newsletters. You hereby acknowledge that such communications constitute a part of the Services provided. You agree that service notices and administrative messages may be delivered to you.
Fees and payments
Licences for paid Services shall be available within the framework of the monthly payments for the Services provided. Your licence shall be automatically renewed at the anniversary of the service provided on a monthly basis on the assumption that all your invoices have been duly paid. At the end of the billing period, an invoice shall be issued for you for the services provided pursuant to the valid Sprinx CRM product price list. The invoice shall cover a licence fee pursuant to the higher number of users that were active during the period invoiced and other activated services. Sprinx Systems reserves the right to change the licence fee and fee charged for using the Services that are currently provided free of charge.
In addition to the other conditions of this Agreement, you must not: (I) transfer or otherwise make any services available to any third parties; (II) to provide any services on the basis of the Services without a written consent of Sprinx Systems a.s.; (III) to use third-party references to the website without consent with the website general business terms and conditions; (IV) to publish references to third-party websites or to use their logos, business names, etc. without their prior written consent; and (V) to use the Services for sending e-mail spam or for any other illegal activities.
Sending e-mail spam and illegal activities
You agree that you shall not use the Services for any illegal purposes or for transfer of any material that is illegal, unlawful, slandering, bothering, infringing of other parties’ privacy, rude, threatening, damaging, vulgar, pornographic,obscene or otherwise undesirable, insulting religious feelings, supporting racism, containing viruses or otherwise infringing or allowing infringement of intellectual property rights. You agree that you shall not use the Services to transmit “large mail volumes“, “mail spam“ and “chain messages“ or for “phishing“ or “mass spam distribution.” We reserve the right to interrupt your access to the Services if demonstrable reasons exist that you used the Services for any illegal or unauthorized activities.
Inactive user accounts principles
We reserve the right to cancel an unpaid user account after expiration of 90 days following the end of the registration. In such an event, all data connected with such user account shall be deleted. Your data shall be saved for 90 days (hereinafter the “ Delay Period“) following the expiration of the licence until the cancellation of the user account. During the Delay Period , you may ask for (a) data within the framework of a paid service or (b) renewal of your licence including the data entered earlier. After the Delay Period expires, Sprinx Systems shall cancel all user accounts and permanently delete all data. Such data removal principles shall apply to all Services. To calculate the idle period, each Service shall be assessed as individual and separate. In other words, an activity within the framework of one Service shall not mean that your active user account will be preserved in another Service. In the case of accounts with several users, where at least one user is active, the account shall not be considered inactive.
We respect your right to the title to the contents owned, created and saved by you. Unless you expressly so permit, we shall not provide your data within the framework of using Sprinx Systems’ Service for commercial, marketing or any other similar purposes. Sprinx Systems, however, requests permit to access, copying, distribution, saving, transmission, format change, displaying and transfer of the contents of your user account, exclusively for the needs of the provision of the Service.
Contents generated by the user
The contents created by you through Services or otherwise may be transferred or published by you. You shall be exclusively liable for such contents and the consequences of the copying or publishing of the same. All published contents shall be publicly available via the Internet and may by browsed and indexed by search engines. You must not publish private contents in error. All contents that you will obtain from other Services users shall only be provided to you on an AS IS basis for your information and personal use and you agree that you shall refrain from using, copying, reproducing, distributing, transferring, transmitting, displaying, selling, licencing or otherwise using such contents for any purposes without express written consent of the person who owns the rights to such contents. If, when using any of the Services, you come across contents notifying of copyright or any other function of protection against copying, you agree that you refrain from deleting such notification of the copyright or function of protection against copying. By providing any contents with protection of copyright or with the possibility to protect copyright to any of the Services, you confirm that you have a permission, authorization or consent from all persons who may exercise any such rights to such available contents. By providing any contents in the above-mentioned manner, you expressly agree that Sprinx Systems shall be entitled to block the access to the contents provided by you or delete the same if Sprinx Systems receives a complaint referring to unlawfulness or infringement of third-party rights to such contents. By using any of the Services or by transferring or publishing any contents through the Services, you give your express consent that the issues of unlawfulness or infringement of third-party rights to such contents should be decided by a representative to be appointed by Sprinx Systems for such purpose.
Sample Files, Data and Applications
Sprinx Systems may provide sample files, data and applications to prove that Services may effectively be used for specific purposes. The information contained in any such sample files and applications shall include accidental, false or artificially created data. Sprinx Systems shall not provide any explicit or implicit guarantee of preciseness, usefulness, completeness or reliability of information, data or sample files and applications.
Sprinx Systems, logo Sprinx CRM and names and logos of individual Services are Sprinx Systems’ trademarks. You agree that you shall refrain from stating or using Sprinx Systems trademarks in any manner whatsoever without Sprinx Systems’ prior consent.
Disclaimer of guarantees
You expressly confirm and agree that the use of the services shall take place at your own risk. The service shall be provided on an “as is” basis. Sprinx Systems shall expressly reject all explicit and implicit guarantees of any manner whatsoever, including for example derived guarantees of saleability and appropriateness for a concrete purpose. Sprinx Systems shall not provide any guarantee that the service shall be uninterrupted, timely and safe or virus free. Use of any material downloaded or obtained by using the service shall take place pursuant to your own decision and at your own risk and only you shall be liable for any damages to your computer system, mobile phone, wireless equipment or data that may be incurred as a result of using the services or downloading any such material. No written or oral instructions or information you obtained from Sprinx Systems, its employees or representatives shall constitute the basis of any guarantee that is not expressly stipulated by these conditions.
You agree that Sprinx Systems shall in no event be liable for any subsequent, accidental, indirect, special, criminal or any other losses or damages of any kind whatsoever or for any lost profits, computer failure, loss of business information or any other losses arising from or caused by using or impossibility to use the services, even in the event that Sprinx Systems was notified of the possible occurrence of such damages. Your sole and exclusive compensation in the case of any dispute with Sprinx Systems in connection with any of the services shall be termination of the provision of the services. The total amount of the direct or indirect liability of Sprinx Systems vis-à-vis you with regard to any service shall in no event exceed the amount of the fees you paid for the services.
This Agreement shall be governed by and shall be performed in compliance with the laws of the Czech Republic.
Suspension and Cancellation
Should any unlawful activities be suspected or in the event of a long inactivity or a request as a result of enforcing a law or a request of another governmental authority, we can suspend your user account or make it temporarily unavailable for certain or all parts of any Service. Objections against the suspension or unavailability of user accounts must be sent to email@example.com within thirty days following the delivery of the notice of suspension. We can also cancel a suspended or unavailable user account at your request. We reserve the right to cancel the user account and to reject provision of the Services if it is reasonably believed that you breached the Conditions and to make your access to all beta Services impossible in the case of any unexpected technical difficulties or termination of providing beta Services. As a result of the cancellation of the user account, the access to the Services shall be rejected and the information from your user account, such as your e-mail address and password, as well as all other data shall be deleted from your user account.
END OF THE PROVISIONS OF THE SERVICE AGREEMENT
This Agreement was updated on 12 June 2018. It shall become valid between you and Sprinx Systems commencing on the date of your acceptance of this Agreement.
Should you have any queries or concerns concerning this Agreement please contact us at firstname.lastname@example.org.