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Blue Cloud CRM
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Blue Cloud CRM

Blue Cloud CRM Ltd Subscription Agreement





Acceptance of the Terms
This is a contract between you (the Customer) and us (BlueCloud CRM). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document so some of the language is necessarily we have tried to make it as simple as possible. These terms are so important though that we cannot provide these services unless you agree to them. By using the our services or taking advantage of our consultancy offering you bound by these terms and conditions This Agreement consists of the following terms and conditions (hereinafter the "Terms").

Acceptance of the Terms
You must be at least 18 and an authorised person on behalf of the entity to enter into a binding agreement in order to accept these Terms of service. If you do not agree to the Terms you must not use any of our services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms, or by using our services. Employees or affiliates of businesses offering services that directly compete with any of BlueCloud CRM's services are expressly prohibited from accessing any BlueCloud CRM Services for competitive research or related activities.

Description of Service
BlueCloud CRM ("Service" or "Services") provides a customer relationship management platform for business(s). The application enables businesses to manage Contacts, Accounts, Campaigns, Sales pipeline, Projects, including features such as Dashboards, Reports, Access Control, Dripmail, ..etc.. You may use the Services for your personal and business use or for internal business purpose in the organisation that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account.

Subscription to Free Trial
We offer new clients a license to use our product for free subject to usage limitations as defined in the BlueCloud CRM sign up process. You are under no obligation to take up a paid for subscription so long as you remain within the defined usage limitations. BlueCloud CRM will alert you when you are close to your usage limit and will offer you a paid for subscription. You are under no obligation to accept this offer.

Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website. You may terminate your use of the services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if BlueCloud CRM has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, BlueCloud CRM may terminate your user account and refuse current or future use of any or all of the Services.

Personal Information and Privacy
Personal information you provide to BlueCloud CRM through the service is governed by BlueCloud CRM Privacy Policy. By using the service you accept the terms of the BlueCloud CRM Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorised use of your user account by email to support@bluecloudcrm.co.uk or by calling us on any of the numbers listed on our contact page. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorised access and/or use of your user account, or otherwise.

Communications from BlueCloud CRM
The service may include certain communications from BlueCloud CRM, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Fees and Payments
Subscription payments to the BlueCloud CRM platform are automatically renewed and billed to the elected payment method entered during the BlueCloud CRM sign up process. You can discontinue this subscription at any time by giving notice as defined in the section termination of service. Cancellations that are made prior to the end of any subscription period will stop the automatic renewal of your BlueCloud CRM subscription at the end of the subscription period. Your account will remain active until the end of the subscription period that has already been paid for. No refunds can be issued for the unused portion of any subscription period that has already been paid for. We reserve the right to modify subscription fees and to charge for the use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted-in for a paid subscription plan.

Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.

Third Party Products and Services
"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the subscription service. These products and services include non-BlueCloud CRM apps available from, for example, the following: our integrations products page, partner directory, links made available through the subscription service and non-BlueCloud CRM services listed on BlueCloud CRM.co.uk or as occasionally offered through our marketing department "Third-Party Sites" means third-party websites linked from within the subscription service, including communications services.

Indemnification
You will indemnify, defend and hold BlueCloud CRM Ltd harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorised or illegal use of the subscription service by you; (b) your noncompliance with or breach of this Agreement, (c) your use of Third-Party Products, or (d) the unauthorised use of the Subscription Service by any other person using your User information. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defence or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

Disclaimers; Limitations of Liability
A. Disclaimer of warranties. We and our affiliates and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security or accuracy of the subscription service, BlueCloud CRM content, or the consulting services for any purpose. Application programming interfaces (API's) may not be available at all times. To the extent permitted by law, the subscription service and consulting services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions of any kind with regard to the subscription service, and the consulting services including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

B. No indirect damages.
To the extent permitted by law, in no event shall either party be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.

C. Limitation of liability. Except for your liability for payment of fees, your liability arising from your indemnity obligations, and your liability for violation of our intellectual property rights, if, notwithstanding the other terms of this agreement, either party is determined to have any liability to the other party or any third party, the parties agree that the aggregate liability of a party will be limited to amounts you have actually paid for the subscription service in the twelve month period preceding the event giving rise to a claim. D. Third party products. We disclaim all liability with respect to third-party products that you use. Our licensors shall have no liability of any kind under this agreement. You understand and agree that if you do not agree to this limitation of liability, we would not provide the subscription service to you.


Spamming and Illegal Activities You agree to be solely responsible for the contents of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the services if there are reasonable grounds to believe that you have used the services for any illegal or unauthorised activity.


Data in Paid Accounts That Are Cancelled or With Payment Overdue
If for any reason we are unable collect payment by the elected payment method. We will contact you by internal message. All BlueCloud CRM accounts are on a month to month rolling contract and you have a grace period of 7 days to work without limitation. If payment is not received within those 7 days, then your BlueCloud CRM account will be put on the free plan, with a 1 GB limit and functionality corresponding to the free plan. If the amount of data in your BlueCloud CRM account exceeds 1 GB, then after the grace period mentioned above, data will be accessible only for reading and deleting. You will not be able to load new files, tasks, input data into the CRM, or perform other actions until the data is below the 1 GB limit. As soon as the amount of data is below 1GB, all the functionality of the free plan will be engaged, and use of the free version can continue indefinitely. However, if no administrator or user accesses the BlueCloud CRM over the course of one month after the 7-day grace period, then the account 'freezes', and can only be released (Unfrozen) by having an administrator (an employee of your company with administrator rights in your BlueCloud CRM account) log in. If no administrator logs in over the course of another 15 days after the account 'freezes', the Blue Cloud account will be deleted.

What happens to my Blue Cloud Account if I stop using it?
Paid plans devolve to the free plan according to the process described above. If a BlueCloud CRM account on a free plan (either converted to a free plan or originally on a free plan) is completely inactive over the course of 30 days, it 'freezes' and will be archived. The Blue Cloud account can only be retrieved by an administrator of the account (you or a user with administrator rights). To retrieve the account, an administrator simply needs to log in. If no administrator logs in for another 15 days after the Blue Cloud account is 'frozen' and the account will be deleted.

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 the services does not grant BlueCloud CRM or any of its partners the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for BlueCloud CRM's commercial, marketing or any similar purpose. But you grant BlueCloud CRM permission to access, copy, store, reformat, the content of your user account solely as required for the purpose of providing the Services to you.

Use of Extensions
When you enable a BlueCloud CRM extension that copies, modifies or displays your data, when it can be reasonably inferred by you that this extension requires BlueCloud CRM to access, copy, distribute, store, transmit, or reformat your data in order to perform the function enabled by the extension, you grant BlueCloud CRM rights to do so in order to provide you with the added functionality. When you enable a BlueCloud CRM extension that connects to a third-party application or service, you acknowledge that you agree to the third party's terms of service, and grant BlueCloud CRM permission to access, copy, reformat, transmit, and to make available to the third party in question, any data required by said third party to render services to you. You further indemnify BlueCloud CRM of any liability associated with the third-party's access to, and use of data provided to it on your behalf.

User Generated Content
You may transmit or publish content created by you using our Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. In the course of using the services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that BlueCloud CRM will have the right to block access to or remove such content made available by you, if BlueCloud CRM receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by BlueCloud CRM for this purpose. If you wish to file a complaint, regarding the violation of copyrights, you can send an email to legal@BlueCloud CRM.co.uk Sample files and Applications BlueCloud CRM may provide sample data and files for the purpose of demonstrating the possibility of using the services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. BlueCloud CRM makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark
BlueCloud CRM, BlueCloud CRM logo, are trademarks of BlueCloud CRM Limited. You agree not to display or use, in any manner, the BlueCloud CRM trademarks, without BlueCloud CRM's prior permission.

Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. BlueCloud CRM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. BlueCloud CRM makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from BluecCoud CRM, its employees or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability
you agree that BlueCloud CRM shall, in no event, 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 BlueCloud CRM has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with BlueCloud CRM related to any of the services shall be termination of such service. In no event shall BlueCloud CRM's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification
You agree to indemnify and hold harmless BlueCloud CRM, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by BlueCloud CRM.

Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the International Chamber of Commerce. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in London and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, BlueCloud CRM may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@bluecloudcrm.co.uk within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.

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