This agreement applies between you, the User of this Website and Total CRM Software, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website and Services. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to these terms and conditions, do not use this service.

You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using this service.

Intellectual Property

All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Total CRM, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Denmark and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Total CRM.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of this service does not grant Total CRM the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Total CRM’s commercial, marketing or any similar purpose. However, you grant Total CRM permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing this service to you.

User Generated Content

You may transmit or publish content created by you using this service or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines.

You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of this service, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.

License to Use

Total CRM grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the service solely for your personal and business use strictly in accordance with the terms of this Agreement.

Restrictions to Use

You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the service available to any third party.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Total CRM or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.totalcrm.app without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Total CRM. To find out more please contact us by email at info@totalcrm.app.

Consent to Use of Data

You agree that Total CRM may collect and use technical data and related information—including but not limited to technical information about your device, system and service software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed service. Total CRM may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Privacy

For the purposes of applicable data protection legislation, the Total CRM will process any personal data you have provided to it in accordance Privacy Policy available on the Total CRM website or on request from Total CRM.

You agree that, if you have provided Total CRM with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Total CRM and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Total CRM’s website or otherwise provided a copy of it to the third party. You agree to indemnify Total CRM in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

If you give Total CRM access to any Personal Data, Total CRM shall be allowed to process Personal Data to perform this service, and such processing shall adhere to the data privacy legislation applicable to this service in the jurisdiction where the processing occurs.

You warrant that the transfer of Personal Data to Total CRM complies with all applicable laws and regulations on protection of Personal Data. If the processing of Personal Data by Total CRM is conducted in accordance with your instructions as agreed with Total CRM, you shall indemnify, defend and hold Total CRM harmless from and against any and all claims, liabilities, losses and reasonable expenses incurred by or asserted against Total CRM in connection with any third-party claim related to the processing of the Personal Data. You understand and accept that you bear the sole and full responsibility for the backup and redundancy of any Personal Data.

Our Services

You acknowledge and agree that the form and nature of the Services that Total CRM provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Total CRM may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Total CRM ’s sole discretion, without prior notice to you. Equally, you may stop using the Services at any time and you do not need to tell us when you stop using the Services.

You acknowledge and agree that if Total CRM disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account.

You acknowledge and agree that Total CRM may establish general practices and limits concerning use of the Service. We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability.

We do not warrant that the functions contained in the Service will be uninterrupted or error free and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the post-purchase messages, processing, acceptance, completion or settlement of transactions or the Service).

Your Account

Using our Services, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete, and kept up to date. You should note that a failure to provide true, accurate, complete, and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether you authorize it or not.

To access your Account, you will be required to provide your member name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.

Viruses, Hacking and Other Offences

You must not misuse our Services by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to our Services, the servers on which they are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service, distributed denial-of service or other type of attack.

Any breach of this provision constitutes a criminal offence under the Danish Criminal Code (“DCC”). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services, your downloading of any Materials on our Services or on any materials on any other website linked to it.

Term

The initial term of this Agreement shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to you. After the Initial Term, this Agreement shall automatically renew. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel, you acknowledge, agree and authorize Total CRM to continue billing your credit card and you remain responsible for any uncollected amounts.

Additionally, in an effort to ensure your renewal processes successfully, Total CRM may process the renewal charge up to two weeks in advance of your expiration date unless you explicitly request otherwise.

Renewals

Services purchased for a set period (for example, one year) will be automatically renewed upon the expiry of that period unless you give Total CRM written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at Total CRM’s then current rates for such Services.

Payment

The fixed fees and/or rates applicable to any service are set out in the online order form for the service (the “fees”). All fees are excluding VAT. Please note that the online order form may also set out a rate increase that will become effective upon the expiration of a promotional rate. Such an increase will happen without further notice to you.

You will pay any present or future sales and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on Total CRM’s net income.

Payment for Services is in advance. When you order a Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid. Once your credit card information is added to your account, any purchased service, license fee, etc, will be charged from the card immediately upon ordering.

Chargebacks

You agree to contact Total CRM prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Total CRM, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you from our platform by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be. If you wish to cancel any purchase, please contact support.

Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

1. if we determine that you have breached, or are acting in breach of this User Agreement;
2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
4. to manage any risk of loss to us, a User, or any other person; or
5. for other reasons.

Without limiting our other remedies, to the extent you have breached this Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our working time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

If we close your Account for a reason other than as a result of your breach of this Agreement, unless as otherwise specified in this Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

Use of our Services

The Services are protected by copyright, trade secret, and other intellectual property laws. You are granted the right to use the Services and only for the purposes described by Total CRM. Total CRM reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Total CRM grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.

Use with Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

Total CRM makes no warranties or representations of any kind, express, statutory or implied as to:

1. The availability of telecommunication services from your provider and access to the services  at any time or from any location;
2. Any loss, damage or security intrusion of the telecommunication services; and
3. Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.

Content

Content includes any data, information, materials, text, graphics, images of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Total CRM a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Total CRM is not responsible for any of your Content that you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:

Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, national or international law;

Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;

Except as permitted by Total CRM in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;

Virus, Trojan horse, worm or other disruptive or harmful software or data; and

Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

Site Management

We reserve the right, but not the obligation, to:

• monitor the Site for violations of these Terms and Conditions;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
• in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
• otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Termination

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of this service by providing Total CRM notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of this service. Your continued use of this service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

End-of-Life

If Total CRM is, in its reasonable opinion, unable to continue to effectively provide this service for an End-of-Life Configuration Item, Total CRM may, by giving you at least 90 days’ prior written notice, remove the End-of-Life Configuration Item from the Record of Entitlement. Upon removal, Total CRM must make a pro rata adjustment of the Service Charges.

Maintenance

Total CRM may need to perform scheduled maintenance on this service. Total CRM will notify you in writing at least 3 (three) Business Days’ in advance of any scheduled maintenance, any related Service interruptions and their anticipated durations.

In the case of Emergency Maintenance, Total CRM:

1. will endeavour to provide you with at least 20 minutes’ prior written notice;
2. Total CRM will provide you with as much written notice as is reasonably practicable in the circumstances; and
3. use its best efforts to minimize the duration of any interruption or disruption to the Service.

Total CRM will be relieved of its obligations under the applicable Service Level Agreement for the duration of the Emergency Maintenance and you agree to exclude Total CRM for any liability, loss and or damage suffered during an Emergency Maintenance period.

Technology Management

Due to changes in technology and Total CRM’s desire to maintain the highest possible quality of this service, it may be necessary to make adjustments or add enhancements to this service. Total CRM will provide advance notice of any such changes, if possible.

If the Scope of Service is necessarily improved or extended as a result of the enhancements, they will be offered to you for the remainder of the then current Term at no additional cost, provided that Total CRM will expect that no claim is made for a reduction in the Service Charges for minor reductions in scope as a result of the enhancements.

Service Level Target Exclusions

Total CRM will not be liable for Service Level Target defaults resulting from one or more of the following events:

1. any of the events specified in the Terms of Service in this Agreement;
2. absence of a patch, repair, policy, configuration or maintenance change recommended by Total CRM but not approved by you;
3. scheduled downtime in respect of this service (including upgrades, repair or component replacement, or scheduled backups) or any other mutually agreed-to downtime;
4. changes made by you to this service;
5. damage or delay arising from you if you fail to carry out an action or contractual obligation required Total CRM in order for us to render your use of this service;
6. modifications or replacements or attempted modifications or replacements not performed by Total CRM or not approved by Total CRM in writing prior to such modifications or replacements being performed or attempted by any other Party, including the You;
7. the restoration of any lost data connected to this service, without this service. Total CRM’s knowledge;
8. failure of Software tools that are used in conjunction with this service;
9. data provided by You is inaccurate or not up to date; or n. a virus, worm, distributed denial of Services, or any other malicious activity.

Your Obligations

You agree to use all reasonable endeavours to provide all pertinent information to Total CRM that is necessary for Total CRM’s provision of this service.

You may, from time to time, issue reasonable instructions to Total CRM in relation to Total CRM’s provision of this service. Any such instructions should be compatible with the specification of this service provided.

In the event that Total CRM requires the decision, approval, consent or any other communication from you in order to continue with the provision of this service or any part thereof at any time, you must provide the same in a reasonable and timely manner.

If any consents, licences or other permissions are needed from any third parties it shall be your responsibility to obtain the same in advance of the provision of this service (or the relevant part thereof).

Any delay in the provision of this service resulting from your failure or delay in complying with any of the provisions of this Clause shall not be the responsibility or fault of Total CRM.

Disclaimers

Total CRM makes no warranty or representation that the Website and Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Total CRM accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, Total CRM accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts Total CRM’s liability for death or personal injury resulting from any negligence or fraud on the part of Total CRM.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions of the Danish Marketing Practices Act. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices/communications shall be given to us either by post to our Premises (see address above) or by email to info@totalcrm.app. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and Total CRM shall be governed by and construed in accordance with the Laws of Ontario, Canada and Total CRM and you agree to submit to the exclusive jurisdiction of the Courts of Ontario, Canada.

Any comments or queries on this policy should be directed to us using the following contact details.

Total CRM Software
#885, 2967 Dundas Street W.
Toronto, ON Canada
M6P 1Z2
info@totalcrm.app

If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.