1. General Terms
1.1. In the present Agreement as well as in all respects relating to this documentt the following definitions are applied:
a) Administration means company Clouds Technologies LLC, TIN 5261088136, located at 603009, Nizhny Novgorod, ul. Azovskaya, build. 16, of. 12.
b) User means any capable natural or legal person registered in program Smarty CRM and using it in his own interests or in the interests of the persons User represent.
c) Program means a set of software code and database, including the original text, audio, video and visual display. The registered name of the program — Smarty CRM (Program registration certificate for computer №2014617050). Permanent address of the web version of the Program: smartycrm.com
d) Mobile Application means a client for using the Program, adapted for work on mobile devices (phones, tablets and other devices with operating systems Android, iOS, Windows, etc.).
e) User Account means a workspace, access to which is provided after registration and authorization in the Program, including through the Mobile application.
f) Agreement means the present document with all amendments and additions.
g) Website means information platform for publishing information about the Program, including documentation, the present Agreement, contacts of the Administration and other information. Also used for registration and authorization in the Program. Permanent address of the site: smartycrm.com
h) Server means a special computer hosted in a data center necessary to operate the Program.
i) Documentation means a set of text, graphic, audiovisual and other data containing a description of the Program.
1.2.The use of the Program is permitted in any way within its functionality, legislation and includes:
— registration and/or authorization in the Program via the Website or Mobile application;
— storage of any materials in the Program, including text data, links, images, various files and other information;
— view the materials kept in the Program and exchange with other users;
— communication with other users via chat, file and other data exchange.
1.3. Using the Program in one of the listed in clause 1.2 ways, you confirm that:
a) You have read the present Agreement before using the Service.
b) You agree with all the terms of the present Agreement, without any exceptions, and agree to comply with all the provisions relating to the implementation of the Agreement. In case the User disagree with one of these provisions or you have no rights to accept the Agreement, the User should immediately cease any and all use of the Program.
c) Any item of the Agreement may be amended or supplemented by the Administration without any special notification of the User. All changes will take effect upon publication on the Website.
2.1. Using Program features is possible only after registration and authorization through the Website or Mobile application.
2.2. All conditions of use of the Program, including rate plans, documentation and other data shall be brought to Users attention by posting on the Website and/or in the Program interface.
2.3. Email and password specified during the registration are the data required for authorization in the Program. The User has no right to transfer the authorization data to third parties, as well as to take independent measures for its security. Administration may enhance the authorization procedure via SMS or a similar method.
3. License to Use the Program
3.1. The Administration grants the registered User the right to use the functionality of the Program free of charge or for a fee on the terms of a simple (non-exclusive) non-transferable license within the scope of the Program functionality and applicable law.
3.2. The Administration sets limits on the amount and type of information placed by Users in the Program. The Administration may also impose other restrictions.
3.3. The Administration possesses copyright and other rights on the software code, design of the Program and the Website, that include graphic elements, colors, audiovisual content, grouping and systematization of data, disposal of the different elements. Any copying, distribution, translation or other activity related to copyright infringement is prohibited without written consent of the Administration.
3.4. Using the Program in some other ways not mentioned in the present Agreement is prohibited.
4. User Warranties
By accepting the terms of the present Agreement, the User confirms that:
4.1. The User has the necessary rights and authority to accept the present Agreement and its execution.
4.2. The User will use the Program only for the purposes specified in the present Agreement and comply with applicable law.
4.3. The User will not perform actions that violate the Program, Servers and networks of the Administration. Such activities include: attempts of various kinds of hacking, creation of artificial overload (highload), sending a large number of requests, etc.
4.4. When using the Program the User will not violate third party rights and will not perform actions that contradict prohibitions and restrictions of User country, e.g. the use of copyright and related rights, trademarks and service marks, photographs of people; as well as materials placed in the Program will not contain information offending the honor, dignity, tarnishing business reputation, promoting violence, pornography, drugs, racial and ethnic strife. It is assumed that the User has obtained all required permissions from authorized persons when placing materials in the Program.
5. The Use of User Content
5.1. By accepting the terms of the present Agreement, the User grants the Administration free of charge the right to use User content in order to improve the Program and support its operability.
5.2. The content used by the Administration should not violate the copyright and other rights of the User and third parties.
By acceptance of the present Agreement the User agrees to the following:
6.1. Сonsumer rights protection laws are not subject to provisions in case of using the service free of charge.
6.2. The Program, including paid rate plans, shall be provided "as is". This means the Administration does not provide any guarantee that the Program will meet all requirements, the services will be uninterrupted, reliable, fast and error-free.
6.3. The Administration is not responsible for the content placed by the User in the Program. The entire responsibility is carried out by the User or third parties with access to the User Account in case of fault of the User.
6.4. The Administration is not associated with materials placed by the User in the Program, does not check User content, its compliance with applicable laws or User rights to place these materials.
6.5. It is forbidden to use the Program for:
— placement, distribution, advertising and other demonstration of counterfeit materials;
— placement, distribution of pornographic materials, as well as promotion of pornography and advertising sexual services;
— placement, distribution of any prohibited information, particularly extremist materials or materials infringing on human rights and freedoms, information concerning making narcotic substances, manufacturing weapons, etc.
— sending messages to other users, to which they did not give consent (spam);
— placement of files protected with passwords.
6.6. Despite the prohibition of placing offensive or indecent information, the User may be sent such information in case of unlawful acts of third parties.
6.7. If the User notices a violation of User rights or rights of third parties, the User has a right to apply to the Administration via the feedback form on the Website or in the Program. After receipt of such notice, the Administration will take steps to prevent further violations.
6.8. If there are third party claims to the Administration in respect of the User, and when detected suspicious activity, the Administration has the right to initiate the identification of the User by requesting the necessary documents. After receiving the requested documents the User shall provide the Administration a notarized obligation to settle the third party claims on his own and at his own expense. The User shall provide the above mentioned documents within five (5) days from the date of the receipt of the request.
6.9. The Administration has the right to remove any materials from the Program without explanation, if the materials are clearly against the Law at least in one of the countries where the Program is used.
6.10. When multiple or single flagrant violation of the present Agreement take place the Administration has the right to block or terminate the User Account together with the content placed in it.
6.11. In case of bringing the Administration to justice or imposition of penalty in connection with the violation of the present Agreement by the User, the User undertakes to compensate for all the losses in full, including legal fees and other expenses.
6.12. By accepting the present Agreement, the User agrees that his personal data may become available to third parties in connection with the use of some functional features of the Program.
6.13. Under any circumstances the responsibility of the Administration to the User is limited to the amount of 1000 (one thousand) rubles or equivalent in foreign currency.
7.1. By registering in the Program, the User agrees to receive informational messages on email specified when registering, direct notifications in the Program, including Mobile Applications as well as in other ways available for Administration.
7.2. The Administration may use notifications informing about the functionality of the Program, as well as notifications related to social activity of other users and other types of notices and notifications.
7.3. Administration reserves the right to use notifications in relation to the third parties whose data is placed in the User Account in case of functional necessity when running the Program.
8. Personal Data and Commercial Secrets
8.1. By registering in the Program the User gives the written consent to the automated processing of personal data contained in his Account. Processing of personal data is carried out solely for the purpose of execution of the present Agreement.
8.2. Using the Program, the User determines the degree of accessibility of personal data and materials relating to commercial and other secrets of other users of the Program or Internet users.
8.3. When registering in the Program, the User acknowledges that by posting personal information in the Program in a way, that provides opportunity to post public information on the Internet, these personal data become publicly available. The User agrees that in this case the Administration is not responsible for the dissemination of personal data. The User also acknowledges that the personal data, as well as materials related to the commercial and other types of secrets, are considered public, when they are not the subject to confidentiality in accordance with the current legislation.
9. Financial Conditions
9.1. The User has the right to stop using the Program. The refusal is made unilaterally by removal the User Account in the settings of the Program or by sending a written notice to email firstname.lastname@example.org. The Account may be blocked or deleted by the Administration upon User request.
9.2. The Program has one free and a few paid rate plans with different functionality and limits on the number or volume of placed materials. The User chooses the rate plan and subscribes to it with one of the following methods. The list of tariffs is placed in Smarty CRM. The cost of rate plans may differ in various countries and mobile markets.
9.3. The subscription payment or purchase of additional features of the Program is made in a special section of the Program from any PC or mobile device, located anywhere in the world. If rates change, the difference in cost (both upward and downward) is not compensated. For the User who has already paid for subscription or additional function, new rates start in a new period.
9.4. Personal information provided when paying (name, address, phone number, email, credit card number, expiration date of its action, etc.) is confidential and shall not be disclosed. This information is transmitted only in encrypted form directly to the processing company and not stored in the Program database, as well as in any other base of the Administrator.
All transactions with payment cards occur in accordance with the requirements of MasterCard, Visa, Discover, JCB, American Express and other payment systems. When transmitting information special security technologies for online card payments are used, data processing is carried out on a secure high-tech server of a processing company. If payments are made on a regular basis, when performing the first operation the User card number and its expiry date will be stored on the side of the processing company in a secure storage. Upon execution or provision of services by the company the information will be automatically deleted. All resources of the processing company meet the security standards of PCI DSS.
10.1. The User shall independently determine the conditions and procedure for using the Account of the Program. Such conditions shall not contravene the present Agreement.
10.2. The rules of law of the Russian Federation as well as international law are applied to all relations arising out of the present Agreement.
10.3. All disputes arising out of or in connection with the present Agreement shall be referred to a court at the location of the Administration and resolved in accordance with procedural laws of the Russian Federation.
10.4. The Administration may amend or terminate the present Agreement unilaterally without giving prior notice to the User and without paying any indemnity.
10.5. The current version of the present Agreement is permanently published on the Administration Website: smartycrm.com/en/terms