Kactuce CRM + terms of use

Important : By using, downloading or installing any element of the product (as defined below), you indicate that you have read, understood and agree to be bound by these terms of use of Kactuce CRM + + 

The Kactuce CRM + application is a product of the company Altech software SAS.

PLEASE READ THESE TERMS CAREFULLY TO MAKE SURE YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN AN INDIVIDUAL MANDATORY PROVISION

 

These terms govern your use of the product and constitute a legal agreement between Kactuce CRM +, “we” or “us”) and you (“customer” or “your”). If you are a third party who accepts these terms on behalf of a company or entity, you engage the company or entity to comply with these terms and you represent and warrant that you have full power and power to do so.

Kactuce CRM + may modify these conditions from time to time.

 

Introduction.  Thank you for using the Kactuce CRM + product! The “product” refers to our suite of services and features related to business management, including the creation of invoices and related reports, our associated applications and mobile software.

Summary.  You must be at least 18 years of age to use the product. Use of the product may require you to create an account and to register your email address and password. You are solely responsible for all actions performed using your account and you must protect your password

The product: You can access the product and use it for your internal business needs and in accordance with our standard user documentation. This includes the right to download and use the software on compatible devices that you own or control.

You may authorize your employees and agents to use the product on your behalf, but you must remain responsible for their actions, omissions and compliance with these terms.

Restrictions.

Your rights to use the product are non-exclusive, non-transferable and non-sublet-able.

 

You do not go or allow anyone else to rent, reproduce, modify, create derivative works, distribute or transfer the product

 

Circumvent the mechanisms in the product intended to limit your use

 

Reverse engineer, disassemble, decompile or translate the product or attempt to derive the source code of the software or any non-public APIs

 

Publicly disseminate product performance information

 

Submit viruses, worms or other harmful code to the product

 

Seek access to information or data from other Kactuce CRM + customers

 

Use the product to transmit spam or other unsolicited e-mail

 

Use and trial version.

 

Kactuce CRM + offers a trial period of 7 days of use of the product.

Paid subscriptions, which allow you to create an unlimited number of customer and prospect cards during a subscription period.

Paid subscriptions are limited in duration and, if not renewed, the product will revert to a limited (or zero) functionality after the subscription term expires. If you have a test plan, you can use the product only to determine if you want to purchase a subscription or a paid plan.

Automatic renewals

Renewals, subscription upgrades and other important billing conditions are governed by our billing policy.

The rates.

For paid subscriptions and billing packages, you must pay all fees and taxes to Kactuce CRM + or to the authorized third party from whom you made your purchase, as specified in the order conditions. All fees are non-refundable,

Support and updates.

Kactuce CRM + deploys efforts to provide email a live chat and online help. All support is governed by the then-current support policies of Kactuce CRM +. We may provide updates or upgrades to the product

All updates are governed by these terms and conditions.

Updates and other changes to the product are made at our discretion we do not assume any responsibility to you for such changes and do not guarantee that these changes will meet your needs.

 

Customer data

Your rights.

 

Between Kactuce CRM + and the customer, the customer retains all rights to the business information or other data that the customer transmits to the product (the “customer data”).

 

 

Use of customer data. The customer grants Kactuce CRM + a worldwide, non-exclusive, royalty-free right to use, copy, store, transmit, distribute, perform and display publicly, create derivative works, and modify customer data to provide the product to customer and otherwise. to exploit, improve and maintain the product. This includes the distribution by Kactuce CRM + of invoices containing customer data to recipients designated by the customer through the product.  Kactuce CRM + may use the services of subcontractors to provide the product and allow them to exercise our rights on the customer’s data.

Storing customer data.  Kactuce CRM + does not provide Archiving service.  Kactuce CRM + only agrees not to intentionally delete customer data prior to termination or expiration of your paid subscription or billing plan.

We expressly disclaim all other storage obligations to the extent permitted by applicable law. You are solely responsible for maintaining customer data backups on your own systems.

Forced disclosures.  Kactuce CRM + may share customer data when we believe in good faith that access, use, retention or disclosure of such information is reasonably necessary to:

Comply with any applicable law, legal procedure or governmental request

Apply these terms, including investigations into potential violations

protect you from imminent damage to the product, the rights, property or security of Kactuce CRM +, its users or the public, as required or permitted by applicable law.

Your responsibilities.

The customer declares, warrants and agrees that its use of the product will comply with all applicable local, national, federal and international laws and regulations, including those relating to confidentiality, data security, export control and electronic switching

 

Some customer data is forbidden.

Except in the specific fields designated by Kactuce CRM +, the customer undertakes not to submit to the product any tax identification numbers, bank account numbers or credit or debit card numbers. In addition, the customer undertakes not to include in the invoices or to submit to the product the following information: medical, medical or other information relating to patient health, governed by applicable laws, rules or regulations, driver’s license numbers or Government ID cards.

Use of the lawyer. Lawyers are welcome to use the product, but they must not disclose anything that is or could reasonably be considered to be “confidential” or “solicitor/client confidential” information.  Kactuce CRM + assumes no responsibility and assumes no responsibility for the customer’s data. The customer is solely responsible for the customer’s data and the consequences of their use.

Responsibility for customer data.

Kactuce CRM + assumes no responsibility and assumes no responsibility for the customer’s data. The customer is solely responsible for the customer’s data and the consequences of their use.

Property.  Kactuce CRM + and its licensors retain all rights, titles and interests (including all intellectual property rights) on the product, as well as all related and underlying technologies and documentation. The customer obtains only a limited right of use on the product, irrespective of the use of terms such as “purchase”, “sale” or similar terms. If the customer submits comments, suggestions or other comments regarding the product, Kactuce CRM + may freely exploit the comments (including within the scope of the product) without restriction, whether for proprietary rights intellectual property or otherwise.

Canceling.

These conditions will continue until they are terminated.

Termination by the customer. You may terminate these terms at any time by ceasing any use of the product and deleting any software.

Termination or suspension by Kactuce CRM +. For paid subscriptions and invoice sets, Kactuce CRM + may terminate or suspend these terms if the customer fails to remedy any substantial breach within fifteen (30) days of the written notification, except that Kactuce CRM + may terminate or suspend these terms immediately due to breach of terms by the customer

Effect of termination.  Upon termination of these terms, your right to the product will be automatically terminated and you will have to discontinue using the product and remove any software. After termination, you no longer have access to the customer data contained in the product and Kactuce CRM + may delete all customer data in its possession at any time, unless prohibited by applicable law. You will delete all confidential information (or return it to Kactuce CRM +) upon termination of these terms or at Kactuce CRM + ‘s request.

 

Disclaimer of warranty.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCT IS PROVIDED “AS IS” KACTUCE CRM + AND ITS LICENSORS, EXPRESSLY IN FULL, INCLUDING ALL WARRANTIES OF NON-CONTRABAND. OR MERCHANTABILITY, EXPRESS, IMPLIED OR STATUTORY.

THE PRODUCT IS NOT DESIGNED TO PROVIDE PROFESSIONAL ACCOUNTS, TAXES OR OTHER ADVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KACTUCE CRM + EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE USE OF THE PRODUCT ENSURES YOUR COMPLIANCE WITH ACCOUNTING STANDARDS OR LEGAL OR REGULATORY OBLIGATIONS OR THAT THE RESULT OF THE PRODUCT WILL BE ACCURATED OR NECESSARY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

THERE IS NO GUARANTEE THAT THE PRODUCT WILL BE ERROR FREE, THIS ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED, THAT ANY INFORMATION PROVIDED OR USED WITH THE PRODUCT WILL BE SECURE, ACCURATE, COMPLETE OR IN TIME DISCLOSED THE CUSTOMER DATA WILL BE RETAINED OR RETAINED WITHOUT LOSS.

To the extent possible, in accordance with applicable law, KACTUCE CRM + may not be liable for product failures or other problems inherent in the use of the INTERNET and electronic COMMUNICATIONS or other systems BEYOND THE REASONABLE CONTROL OF KACTUCE CRM +. YOU MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, THE DURATION OF THE WARRANTY REQUIRED BY LAW, IF APPLICABLE, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Sections 12 (Disclaimer of warranties) and 13 (limitation of liability) do not apply to Kactuce CRM + ‘s liability to comply with a applicable consumer warranty

 

Confidential information.  As part of the access to the product, the customer may have access to the confidential or proprietary information of Kactuce CRM+

Confidential information includes the software, all non-public items of the product, and any product performance information. Confidential information excludes information that the customer already knew legally or that is made public without the customer being responsible. The customer shall (a) use a reasonable degree of due diligence to protect all confidential information, (b) not to use the confidential information except in support of its authorized use of the product and (c) not disclose the confidential information except to employees and agents with a legitimate mandate. need to know and who have agreed in writing to keep it confidential. The customer may also disclose confidential information to the extent required by law after reasonable notice to Kactuce CRM + and the cooperation necessary to obtain confidential treatment.

 

Changes to terms.  Kactuce CRM + may modify these terms (including pricing and packages of the product) from time to time, subject to prior notification by email or through the product. If you have a test plan or use beta versions, all changes will come into effect immediately. If you do not agree to these changes, your sole remedy is to terminate these terms.

 

Applicable law. These terms shall be construed in accordance with French laws, without reference to the choice of legislative provisions and without taking into account the United Nations Convention on contracts for the international sale of goods.  The parties hereby consent to the personal jurisdiction of these courts for these purposes. The winning party in any litigation under these terms will be entitled to its costs and reasonable attorneys ‘ fees.

 

Adjudication

For any dispute with Kactuce CRM +, you agree to contact us beforehand support@kactuce.com and attempt to resolve the dispute with us informally. In the unlikely event that Kactuce CRM + would not have been able to resolve a dispute that he would have with you after sixty (60) days, we each commit to settle any claim, and any dispute.

General.

 

Contract mechanics and interpretation. These terms constitute the entire agreement between you and Kactuce CRM + relating to the product and supersede any prior or contemporaneous agreements relating to the product. If any provision of these terms is found to be unenforceable, this provision shall be applied to the extent permitted by law and the remaining provisions will remain in full force. No provision of these terms shall be deemed to have been waived unless the waiver is made in writing and signed by Kactuce CRM +.

 

Kactuce CRM + contact information. If you have any questions, complaints or complaints about the product, please contact:

Altech Software

Kactuce Crm+,
84 rue de Montreuil
75011 Paris
support@ kactuce.com

 

Advertising.  Kactuce CRM + can use the customer’s name, logo and brands on Kactuce CRM + customer lists and marketing materials.

Export control. The product is subject to the French laws and regulations governing export control and may be subject to foreign export or import laws and regulations. You agree to comply strictly with all such laws and regulations and not to use or transfer the product for any use related to nuclear, chemical or biological weapons or missile technology.

Open source software. The product may contain or be supplied with licensed components of “open source” software (“OSS”). We list the free software here and we can update the listing from time-to-again when our use of free software changes. To the extent required by the applicable free software license, the terms of these licenses will apply in place of the terms of these terms and conditions relating to this free software.

In extreme cases.  In no event shall Kactuce CRM + be liable to the customer for any breach or delay in the performance of any of its obligations under these conditions arising from an event or situation beyond the control of Kactuce CRM +.

Apple’s related terms. If you have downloaded the software from the Apple app store, the following conditions apply: these terms apply to you and Kactuce CRM +, not to Apple. However, as required by Apple, Apple and its subsidiaries will be third party beneficiaries of these terms and will have the right (and will be deemed to have accepted the right) to enforce these terms against you as third-party beneficiaries. As described in section 12 (Disclaimer of warranty), to the extent permitted by law, we do not offer any warranty regarding the software. If the software is nonetheless deemed not to comply with a legally implied warranty, you may notify Apple and Apple will refund the purchase price (if any) for the software. To the extent permitted by applicable law, Apple will not have any other warranty obligations with respect to the software, and, between Apple and Kactuce CRM +, any other claim, loss, liability, damage, costs or expenses attributable to a failure to comply with a warranty will be made to Kactuce CRM +. Apple has no obligation to provide maintenance or support services with respect to the software.