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MikeCRM Terms of Use

2016-12-01 1037
18

This is an agreement between you or the entity that you represent (hereinafter "you" or "your") and MikeCRM International Corporation (hereinafter, "We", "Our", "MikeCRM") governing your use of the website www.mikecrm.com (hereinafter, the "Site") and the services that are made available on the Site (hereinafter, "Service", "MikeCRM Service").

1. Acceptance

1.1 You must be of legal age to enter into a binding agreement in order to accept the terms. By accessing and using this Site, you accept and agree to be bound by the terms and provisions of this agreement. Any participation in the Site will constitute acceptance of this agreement. If you do not agree to abide by these terms, please do not use MikeCRM Service.

1.2 MikeCRM reserves the right to make changes or updates to this Site, or to these terms in this agreement, or to discontinue providing any of the services and products available on the Site at any time with or without further notice. MikeCRM shall not be liable for any change, suspension or discontinuation of our services. This agreement may be amended only by those who have written authorization signed by MikeCRM. It's your responsibility to keep up-to-date with and comply with these changes or updates. Your continued use of the Site following such changes signifies your acceptance of these changes, updates and revised terms.

2. Privacy

2.1 In the course of using MikeCRM service, the content that you submit to MikeCRM and the content that third parties submit to you through MikeCRM service are treated as confidential information. By submitting these content, you're trusting MikeCRM to treat these content appropriately. We respect your privacy and your ownership of the content created or stored by you. We don't disclose your content to any third party and we don't use your content for purposes unrelated to you or MikeCRM Service.

2.2 Information we collect from you may include:

  • Your personal information (e.g. email, organization, phone number) when you register for an account to access or use MikeCRM Service.
  • Your personal preferences and updates on "my account" page.
  • Usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used.
  • Log files collected by web servers, such as user IP addresses, browser type, operating system, etc.
  • Page tags or pixel tags used to measure email performance, deliverability and open rates.
  • Other data recorded by us in order to enhance your experience of the MikeCRM Service.

2.3 We may use the information collected from you

  • to send Submit notifications, administrative messages and newsletters to you.
  • to analyze the use of our Site, products and services, and improve their performance accordingly.
  • to provide you with related customer service and support.
  • to screen for and prevent misuses or abusive activities like phishing, scam and fraud.
  • to enforce our terms of use and prevent potentially illegal activities.

2.4 We use cookies to enhance your experience of MikeCRM Service. Cookies is a standard feature of websites that allows us to store small amounts of data on your devices about your visit to the Site. You can remove or disable cookies via your browser private setting. If you disable cookies, MikeCRM Service may not function well. By using any MikeCRM Service, you expressly consent to the use of cookies.

2.5 We may disclose your personal information as required or permitted by law, or when we believe that the disclosure is necessary to protect our rights, protect your safety or the safety of others, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on MikeCRM. Access to your personal information such as name and email address is restricted to our employees who need to know such information in connection with providing MikeCRM Service and support to you and are bound by confidentiality obligations.

2.6 We hold your data securely by adopting industry-appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of the data stored in your MikeCRM account. However, MikeCRM makes no warranty that the MikeCRM Service will be 100% safe and will be error free.

2.7 The privacy policy doesn't cover the use of your form or Submit data that you have chosen to make them available online through a public link.

3. Fees and Payment

3.1 Fees. You may use some of MikeCRM features and services free of charge while you shall pay add-on features and services. All the fees charged by MikeCRM are non-refundable. Please think twice about whether you need the paid add-on features or services as we do not refund for our paid add-on features or services.

MikeCRM may change the price of any add-on feature or service from time to time with or without notice and we reserve the right to charge for use of services that are currently available free of charge.

3.2 Payment Terms. If you are paying via credit cards, PayPal or other methods of payment, you must provide valid information to our credit card payment processor partner or PayPal or other payment processor partner for such payment method. By submitting such information, you give us permission to charge all the fees incurred for using the MikeCRM Service via such payment method.

4. Your Account and Responsibilities

4.1 Accounts registered by "bots"or other automated account registrations are not permitted and are subject to termination.

4.2 Each person may only have one active, free MikeCRM account at any time. Multiple accounts for any person may be terminated by MikeCRM. Some add-on features and services are provided free of charge with several limitations. It's forbidden to create more than one account with the purpose of avoiding these limitations. We reserve the right to suspend or terminate these accounts.

4.3 You agree to provide true, current, and accurate information about you or your organization as required by the sign up process and promptly update these information to keep it true, current, and accurate. If you provide any information that is untrue, outdated, inaccurate, or if MikeCRM has reasonable grounds to suspect that such information is untrue, outdated, or inaccurate, MikeCRM may terminate your MikeCRM account and refuse current or future use of any and all of the MikeCRM Service.

4.4 You are responsible for maintaining the confidentiality of your log-in email address and password. We shall not be responsible for any loss (including but not limited to data loss and logon failure) caused by your failure in maintaining the confidentiality of your log-in email and password or by your behaviors of sharing your log-in email and password to other persons. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by emailing to service@mikecrm.com. We're not responsible for any loss or damage to you or to any third party caused by any unauthorized access and/or use of your MikeCRM account.

4.5 Federated identity. You can log in to our site using federated identity provided by third parties such as WeChat. You agree that MikeCRM reserves the right to adjust the account connection between MikeCRM account and any third party’s account at any time with or without notice. We don’t guarantee that any third party user account accessing to MikeCRM Service through federated identity will be permanently valid. The account registered directly through the Site is the exclusive account type that enjoys the full right and interest of access.

4.6 You are responsible for making backups of your data in your account with the features (e.g. export your data) provided by MikeCRM. MikeCRM will not be liable for any failure to store, or for loss or corruption of your data.

4.7 If you expect a form-submit rate greater than 2,000 Submits per day or a large burst, please email us at service@mikecrm.com in advance to minimize latency. We will take all the precaution measures to prevent any latency. However, we are not responsible for any data loss that might occur to you when the server is not accessible.

4.8 You may dispose or cancel your account on "my account" page. Deleting your organization account will cause all the data in the account to be permanently deleted from the systems within a reasonable time and will disable your access to MikeCRM services that require a MikeCRM account. You understand and consent that once you dispose or cancel your account, the data in your account will be all deleted. Please make prior backups if needed. You can re-sign up for a new MikeCRM account using the email address registered for that account. We may retain your data in order to comply with our legal obligations, resolve disputes, or enforce our agreements within a reasonable time. We will not abuse your data or disclose your data to any third party before or after the retention period.

4.9 MikeCRM may suspend or terminate your account with or without notice if you breach any term in this agreement or applicable laws and refuse to provide you any current or future use of MikeCRM services. MikeCRM may terminate your account and delete all data in it if your account stays inactive or has no account activity (such as a login event) for over 24 months with or without email notice.

5. No Spam Policy

MikeCRM has a zero tolerance policy regarding using MikeCRM Service to send spam or unsolicited emails and messages. The term "spam" includes, but is not limited to, the sending of unsolicited bulk emails or messages or sending emails or messages to persons other than persons with whom you have an existing business relationship, or persons who have consented to the receipt of such emails or messages. Any message or email is considered unsolicited unless: (a). the recipient has consented to the receipt of such message or email; (b). the recipient has a prior commercial relationship with you and has been given an option to object to your emails or messages upon receiving. Bulk emails and messages may only be sent to recipients who have opted-in to receive messages from you. MikeCRM reserves the right to determine, in its sole and absolute discretion, whether email or message recipients were part of an opted-in list. Unsubscribe option in all emails and messages sent must be provided and you shall refrain from sending emails and messages to persons who have opt-out or unsubscribed from your contact list.

Any MikeCRM user account found to be in violation of MikeCRM No Spam Policy is subject to immediate suspension with or without notice, and may not be allowed to send any additional email or message using MikeCRM Service. The remaining email or message quota and paid services upon such suspension are non-refundable.

Recipients of emails or messages sent using MikeCRM Services are encouraged to report spam by forwarding a copy of the received email or messages to service@mikecrm.com.

6. Your Content and Prohibited Uses

6.1 Your Content. You retain the ownership of all data, information, or material you submit or collect ("your content") in the course of using MikeCRM services. You shall be solely responsible for the accuracy, quality, legality and use of your content. MikeCRM is not responsible for any actions you take to your content.

You may import, export or publish content created by you using MikeCRM services. However, you shall be solely responsible for such content and the consequences of its import, export, or publication. When you make your content public, you grant MikeCRM a worldwide and royalty free license to use, modify, adapt, distribute, reproduce, publish, and display your content. Any content that you may receive from third parties through MikeCRM Service is provided to you AS IS.

6.2 Copyrighted Content. By making any copyrighted content available on any of MikeCRM services, you affirm that you have the consent, authorization or permission to use such content. You agree that MikeCRM will have the right to block access to or remove your published content if MikeCRM receives complaints concerning any infringement of third party rights in your published content. Anyone who is believing that any MikeCRM user is infringing copyright may report it to service@mikecrm.com and notify MikeCRM for claims of copyright infringement.

6.3 MikeCRM Trademarks. MikeCRM and MikeCRM Logo are trademarks of MikeCRM International Corporation. You agree not to display or use the MikeCRM trademarks without MikeCRM's prior permission. You agree to allow MikeCRM to place a MikeCRM logo or a "powered by" or similar link on all your forms unless you're permitted by MikeCRM to remove the logo or the "powered by" link.

6.4 Third Party Links. MikeCRM may link to other third party websites through direct links, or through applications such as "Share" or "Like" buttons, and MikeCRM may permit MikeCRM users to embed MikeCRM forms through iframe into their sites. MikeCRM assumes no liability or responsibility derived from the connection to or the contents of hyperlinks to non-MikeCRM sites or platforms, nor does their existence signify MikeCRM endorsement of such non-MikeCRM sites or their contents.

6.5 Prohibited Uses and Termination. In addition to all other terms and conditions in this agreement, you agree to abide by restrictions on use listed below:

  • You shall not violate any applicable local, state, national or international law in the course of using any MikeCRM service. You may not use MikeCRM services to infringe the copyright of others or to do any unlawfully activity including but limited to scams (e.g. creating and publishing any forms to attract, lure or illegally obtain payment of any kind from others); phishing (e.g. publishing forms using MikeCRM to deceptively obtain sensitive information); transmitting abusive, profane, libelous, slanderous, threatening or other harassing material. Any account reported or found doing unlawfully activities will be immediately suspended.
  • You shall not use MikeCRM services in any manner that could damage, disable, overburden, impair or harm any server, network or resources of MikeCRM. Unless authorized by MikeCRM in writing, you may not probe, scan, and test the vulnerability of any MikeCRM server or network.
  • You may not post your MikeCRM form or form-submit link to any third party site or platform without abiding by the terms and conditions of such third party site and platform. If MikeCRM receives complaints from any third party site or platform, MikeCRM reserves the right to suspend or terminate the access to your form links immediately with or without notice.
  • You may not use MikeCRM services to collect certain types of sensitive information, including but not limited to credit card information, passwords, email credentials or other credentials. You may collect certain types of sensitive information, such as ID card numbers, while you are solely responsible for compliance with any data protection and privacy law applicable to the sensitive information. You may not post or disclose any private or confidential information belonging to any third party or entity without their prior permission.
  • You shall not use MikeCRM services for activities related to racisms, segregations, religious hatred or to any activity that may cause serious conflict.
  • You shall not create a false identity or false origin of any communication through MikeCRM services to mislead any person.

We will take immediate action upon any user found and reported violating these terms, and such account will be immediately suspended or terminated.

You expressly understand and expressly agree that once we suspend your account or terminate the partial or full of MikeCRM Service to you upon you violate any term, law or regulation: (a) for partial service suspended or terminated, you cannot access to the service; (b) for full suspension or termination with respect to your account, you cannot access and use any of our services via the account or access data in that account, and you cannot register to MikeCRM Services via the email address registered for that account, either. You consent that MikeCRM shall not be liable to you or any third party for suspending or terminating your access to the MikeCRM Service. Objections to MikeCRM account suspension or termination should be made to service@mikecrm.com.

7. Beta Services and Features

7.1 MikeCRM Beta Services. For testing and evaluating, we may launch open or closed Beta Services (collectively, "Beta Services"). You agree that we will have sole discretion: (a) to determine the period of Beta Services, (b) terminate part or full of Beta Services at any time without any notice to you, and (c) to judge whether the Beta Services succeed or fail and whether the Beta Services will be launched formally or not.

7.2 Sample Files and Applications. MikeCRM may provide sample files or applications to demonstrate how to use MikeCRM services for the specific purpose. We make no warranty, whether express or implied, that data in the sample files or applications is valid, accurate, complete or reliable.

8. DISCLAIMERS

8.1 DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE MIKECRM SERVICE IS AT YOUR RISK. THE MIKECRM SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WE DO NOT WARRANT THAT THE MIKECRM SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE MIKECRM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIKECRM HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO MIKECRM SERVICES.

8.2 LIMITATION OF LIABILITY. YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT, MIKECRM SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MIKECRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL MIKECRM'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

8.3 Indemnification. You agree to indemnify, defend and hold harmless MikeCRM, its officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, liabilities, losses, debt and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the MIKECRM SERVICE in violation of another party's rights, in violation of any law, in violations of any term in this agreement, or any other claim related to your use of the MikeCRM Service.

8.4 Force Majeure. Neither you nor MikeCRM will be responsible for failure or delay of performance if caused by an act of nature, war, hostility or sabotage; an electrical, internet, or telecommunication outage that is not caused by the obligated Party; government restrictions or other event outside the reasonable control of the obligated Party. Each Party will use reasonable efforts to mitigate the effect of a force majeure event.

9. Applicable Law and Arbitration

Unless specifically set forth in applicable order, any action, claim, or dispute between you and MikeCRM will be governed by People's Republic of China laws as applied to agreements made, entered into, and performed entirely by Chinese residents, notwithstanding your actual place of resident. Any and all disputes arising from or relating to these terms in this agreement shall be brought in, and you hereby consent to them being decided exclusively by, Beijing Arbitration Commission for arbitration of the dispute. The arbitration award is final and binding upon both parties.

If you have any concern or question regarding MikeCRM Terms of Use, please contact us at service@mikecrm.com. We shall respond to all inquiries within 5 business days.

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