Terms of Service
ON MARCH 5, 2019, SUGARCRM PURCHASED THE FOLLOWING PRODUCTS FROM COLLABSPOT: CONNECT FOR OFFICE 365, CONNECT FOR GMAIL, AND COLLABSPOT CLASSIC FOR GMAIL (“THE PRODUCTS”).
“Products” as used herein, despite being plural, may refer to just one of the Products, depending on your license from SugarCRM. Your license from SugarCRM is only for the product or products for which you paid; our use of “Products” herein does not mean you have a right or license to more than one of the Products if you only licensed one of them.
These Terms of Service (these “Terms”) explain and govern the relationship between you and SugarCRM and form a binding legal agreement with you. For purposes of these Terms, “Products” refers to each of them collectively and separately, as may apply to your use of one or more of them, and “Use” includes use, access, and downloading of the Products.
IF YOU ARE USING THE PRODUCTS ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND SUGARCRM, AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
The Products are owned by SugarCRM and, where you have entered into a written license agreement with SugarCRM and have paid the associated fees, or where we have allowed you to use the Products on a trial basis, the Products are licensed, not sold, to you. In such case, SugarCRM grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access, download, install and use the Products subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the Products, and any applicable SugarCRM terms referenced therein. You acknowledge that the source code for the Products and other trade secrets embodied in the Products have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved.
We offer a 15-day free trial of the Products. Following the 15-day free trial, you have the possibility to subscribe and pay for the a license to the Products (i) online with your credit card via Fastspring (ii) by requesting an invoice from SugarCRM due 30 days from invoice date (iii) by contacting any of the approved resellers listed on the www.collabspot.com reseller page or (iv) by contacting any of the SugarCRM approved resellers listed on the https://www.sugarcrm.com/partners/reselling-partners reseller page.
Orders Placed through Collabspot (via Fastspring)
Your license to use the Products will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance or every 1 (one) year in advance. Fees are automatically charged to the credit card that you provided when you registered for the Collabspot Service
Orders Placed through SugarCRM
Your right to use the licensed Product(s) will begin on the date your order is completed. Fees for orders placed by invoice are due 30 days from invoice date. Fees for orders placed by credit card will be charged at the time the order is submitted.
Additional Subscription Users
Additional Subscription Users may be added during a Subscription Term at the then-current Subscription User subscription fee, pro-rated beginning in the initial month in which Subscription Users are added through the remaining then-current Subscription Term, such that the Subscription Term runs concurrently for all Subscriptions.
Undisputed overdue amounts will accrue interest at a rate of 1.0% per month, or the rate specified by law, whichever is lower. SugarCRM may, without limiting its rights and remedies, suspend Company’s use of the Product and Support Services until overdue amounts are paid in full.
Orders Placed through Collabspot (via Fastspring):
To cancel your subscription, visit your www.fastspring.com account page and click the ‘Cancel Subscription’ link, or use the Collabspot support portal to request the cancellation. We begin to process cancellation requests immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.
Orders Placed through SugarCRM
Collabspot Service can be cancelled with SugarCRM by written notice.
No Refunds for Early Cancellation
You may cancel your subscription before the term expires, but if you do so, please note that you will not receive a refund of amounts already paid. For example, if you licensed the Products on a month-to-month basis through Collabspot/Fastspring, and you cancel halfway through a month during the term of your subscription, you will not receive a refund for the fees covering the remainder of that month. Likewise, if you licensed the Products for a year through SugarCRM, and you cancel in the seventh month, you will not receive a refund of the fees you paid for the remaining five months.
You are responsible for providing the equipment and services that you need to access, download, install and use the Products. SugarCRM does not guarantee that the Products will be accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your login credentials, whether or not authorized by you. Please do not share your login credentials with any other person.
You agree to use the Products only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Products. You agree that you will not use the Products for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the Products if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
The Products allow you to upload, transmit and use information and other content to and through the Products (collectively, “Your Content”). You are solely responsible for the accuracy, quality, and legality of Your Content, and for the means by which you acquired Your Content.
Except as specifically permitted in these Terms or expressly authorized in writing by SugarCRM, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the Products; (b) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Products; or (c) permit any third party to engage in any of the acts described in clauses (a) and (b).
You are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Products; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the Products; (y) use any means to discover the source code of the Products or to discover the trade secrets in the Products; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Products.
You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the Products.
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Products.
We reserve the right but are not obligated to improve, enhance or modify the Products. We will notify you in advance of changes to the Products that may significantly and adversely affect the manner in which you use the Products or the manner in which the Products perform.
SugarCRM is not responsible for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense, or attorneys’ fees arising from your use of the Products or of Your Content or other content or other parties’ products or services you may use with the Products.
We use commercially reasonable efforts to make the Products available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation natural disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
You hereby agree that you are solely responsible and liable for any and all information, data files, written text, computer software, music, audio files or other sounds, photographs, videos, images, and other content (collectively “Content”) that you store, transmit, display, or otherwise use in connection with the Service, and for the consequences of your actions in connection with such Content and your use of the Service. You agree that Collabspot has no responsibility to you or to any third party in connection with such Content. You are solely responsible for any losses or damage suffered by Collabspot in connection with your Content. You hereby represent and warrant that you will not store or otherwise use any Content in connection with the Service that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violates any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invades or interferes with the rights of privacy or publicity of any person; or (f) contains a virus, malicious code or any other harmful component.
We reserve the right, at any time in its sole discretion and without notice to you, to pre-screen, review, monitor, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down, delete or modify any Content that is stored by you through the Service that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request.
You hereby agree that Sugar, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, in presentations, marketing materials, customer lists, financial reports and web site listings (including links to your web site) for the purpose of advertising or publicizing the Service.
Sugar may use usage patterns, trends and other statistical data derived from your Content and use of the Service for purposes of providing, operating, maintaining, or improving the Service.
If you send or transmit any communications or materials to Sugar suggesting or recommending changes to the Products or Service, Sugar may use such feedback for any purpose, in its sole discretion. You hereby assign all right, title, and interest in, and Sugar is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such feedback.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE PRODUCTS ARE SUPPLIED TO YOU ON AN “AS IS” BASIS AND THAT USE OF THE PRODUCTS IS AT YOUR SOLE RISK. SUGAR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE PRODUCTS AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. SUGAR DOES NOT WARRANT THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE PRODUCTS WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE PRODUCTS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY SUGAR OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY.
Limitation of Liability
SUGAR’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE PRODUCTS OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL SUGAR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.
IN NO EVENT WILL SUGAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
You agree to indemnify and defend Sugar and its affiliates, directors, officers, employees and agents from and against all Claims brought against Sugar by any third party arising from your use of the Products or any violation of these Terms, the rights of a third party or applicable law. Sugar reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Sugar may be made without Sugar’s prior written approval.
Governing Law and Jurisdiction
These terms and your use of the Products shall be governed by California law. Unless prohibited by law, any claim regarding these terms or the Products shall be brought in California, USA, and by using the Products you consent to such law and jurisdiction.