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Terms of Service
Updated on: 19th March 2018.
Effective Date: 19th June 2018.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND BEIJING SALESMOST TECHNOLOGY CO.LTD (hereinafter "Salsemost") GOVERNING YOUR USE OF SALESMOST SUITE OF ONLINE SOFTWARE SERVICE.
Parts of This Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
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 the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. Your acceptance of the terms is indicated by actually using the Services provided by Salesmost.
Description of Service
Salesmost products are our self-developed SaaS software products with independent intellectual property rights and software copyrights, which provide users with online SaaS services, including but not limited to customer relationship management, marketing cloud, service cloud, project management, etc. (all referred to as "Services"). You may use the Salesmost Services on an individual or corporate basis through a web browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. Salesmost reserves the right, in its sole discretion, to change, upgrade, modify, or transfer the Services or any part of the Services and its related features and applications, and to post notices on the Salesmost website. These terms automatically apply to your use of all versions of the Salesmost Software and Services.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Salesmost will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
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 the Services by providing Salesmost 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 the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified 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. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. 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 Salesmost has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Salesmost 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 Salesmost through the Service is governed by Salesmost Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Salesmost 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.
Fees and Payments
The Services are available under subscription plans of various durations. You understand that you can purchase paid versions of Salesmost products on a yearly basis and should renew your subscription when you reach the end of your service. You should renew your subscription within the first 30 days from the service expiration date, during which time Salesmost will maintain the original version of the service for you. If you do not renew your subscription after this buffer period, we will assume that you will no longer be using the paid version of Salesmost services and your service will be automatically shut down.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (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; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Salesmost; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Third Party Applications and Services
Salesmost has partnered with some third-party applications, which may include links that jump to online services or resources provided by third parties, or allow you to directly access such services or resources, so that you can choose to open, manage and use the third-party applications: Salesmost accesses payment companies to provide you with payment functions such as payment collection, transfer and code collection; accesses video conferencing service providers to provide you with video conferencing; accesses Tianyancha to provide you with national certification and registration information of Industrial and Commercial Administration. Salesmost has access to Baidu Maps, Gaode Maps(Amap) and other mapping service providers so that you can use Salesmost's location features; and access to third-party live training, business card scanning, AI image recognition, e-signature, call center, etc. You understand and agree that Salesmost is only providing access to such modules or services for your convenience and that the services are provided by the aforementioned third parties and that we have no control over your use of such third party services or resources and that Salesmost shall not be liable for your use of such applications except as otherwise provided by law, regulation, and this Agreement.
You understand and agree that, except as expressly provided by law, Salesmost shall not be liable for any adjustment, suspension or termination of our cooperation with the Salesmost Services and Third Party Services that affects the Third Party Application Services.
When you use Salesmost through a third party application or service, Salesmost may invoke a third party system or support your use or access through a third party, and the results of that use or access will be provided by that third party.
You understand and agree that when you use third party applications and services in the Salesmost Services, you shall comply with the Third Party User Agreement in addition to the terms in this Agreement; to implement the third party applications and services, the business organization administrator opens the third party service based on the authorization of the business organization to provide corporate directory information to such independent third party. You should fully understand the product features, service agreement and privacy protection policy of the third party services before you choose to use the third party services, and then choose whether to open the features and comply with the third party user agreement.
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, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, 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 unauthorized activity.
Data Ownership
You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Salesmost the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Salesmost's commercial, marketing or any similar purpose. But you grant Salesmost 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 the Services to you.
Public Cloud SLA Service Standard
Service Content
General Customer
VIP Customer
SVIP Customer
Service Content
Online Service
5*8
5*8
5*8
Online support from service advisor
√
√
√
Top-speed work order (response time<10 mins)
$
$
$
Expert connecting service
$
$
$
Exclusive green channels of service
$
$
$
Online class
√
√
√
Product functional information push
√
√
√
Guidance of major version upgrading
$
$
√
Business optimization (once per year)
$
$
√
Customized implementation functions
$
√
System administrator training (once per year)
$
$
√
Service Response
System operating fault, system breakdown
Response within 30 mins and solve within 1 hour
Response within 30 mins and solve within 1 hour
Response within 30 mins and solve within 1 hour
Specific functions error (non-system BUG)
Response within 4 hours
Response within 2 hours and solve within 48 hour
Response within 2 hours and solve within 24 hour
Standard product functions
Response within 2 weeks
Response within 2 weeks
Response within 1 week
Customized implementation functions
$
$
$
Disclaimer of Warranties
YOU SHALL FULLY UNDERSTAND THE INTERNET PRODUCT CHARACTERISTICS AND TECHNICAL STATUS FOR NOW. SALESMOST TRIES OUR UTMOST TO PROVIDE HIGH QUALITY SERVICE FOR YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. SALESMOST 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. SALESMOST MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR 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 SALESMOST, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
IN NO EVENT SHALL Salesmost’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless Salesmost, 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 Salesmost.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled in accordance with the relevant arbitration rules of China. 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. Salesmost 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 sales@salesmost.com within 30 days of being notified about the suspension. We may terminate a suspended or disabled user account after 30 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. You have the right to terminate your user account if Salesmost breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at sales@salesmost.com.
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