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CRM Consultancy Terms & Conditions

TERMS OF SERVICE 
These terms of service are an agreement between you and ‘the provider’, please ensure you read them and agree to abide by our Terms of Service in order to use our services. Our Terms of Service also apply to the add-in, connector, or any other software application for use with the Platform that you download or install or acquire from within the settings of the Power Platform (the “App”), including any updates or supplements for the App, unless the App comes with separate terms, in which case those terms apply.

BY DOWNLOADING, INSTALLING, OR USING THE APP, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD, INSTALL, OR USE THE APP.

Except for the above, if the App enables access to any Internet-based services, your use of those services will be subject to the separately-provided terms of use.

In this agreement “App Provider” means CRMCS as the entity licensing the App to you, as identified in AppSource and the App’s description.

If you comply with these terms of use, you have the rights below.

1. INSTALLATION AND USE RIGHTS. a. You may install and use the App with your Power Platform cloud service subscription. You may not install or use a copy of the App with a Power Platform cloud service subscription you do not own or control.

2. INTERNET-BASED SERVICES. The App Provider may provide Internet-based services with the App. In addition to the following, your use of those services is subject to the terms provided to you by the App Provider and/or your wireless carrier.

a. Consent for Internet-Based or Wireless Services. The App connects to computer systems over an Internet-based or wireless network. In some cases, you will not receive a separate notice when they connect. Using the App operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and App software, and peripherals) for Internet-based or wireless services.

b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use any Internet-based service to try to gain unauthorised access to any service, data, account or network by any means.

 

3. SCOPE OF LICENSE. The App is licensed, not sold. This agreement only gives you some rights to use the App. The App Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not:

  • work around any technical limitations in the App;

  • reverse engineer, decompile or disassemble the App, except and only to the extent that applicable law expressly permits, despite this limitation;

  • make more copies of the App than specified in this agreement or allowed by applicable law, despite this limitation; or

  • publish or otherwise make the App available for others to copy or use; or transfer, rent, lease, or lend the App.

4. ACCEPTABLE USE. Neither you nor those that access the App through you may use the App:

  • in a way prohibited by law, regulation, governmental order, or decree;

  • to violate the rights of others;

  • to try to gain unauthorised access to or disrupt any service, device, data, account, or network;

  • to spam or distribute malware;

  • in a way that could harm the App or impair anyone else’s use of it; or

  • in any application or situation where failure of the App could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage.

5. PREVIEWS.CRMCS as the App Provider may offer preview, beta or other pre-release features and versions of the App ("Previews"). Previews may employ lesser or different privacy and security measures. Unless otherwise provided, Previews are not included in customer support or service level agreements. The App Provider may change or discontinue Previews at any time without notice.  CRMCS may choose not to release a Preview as a "General Availability" commercial release.

6. DOCUMENTATION. If documentation is provided with the App, you may copy and use the documentation solely for your reference purposes.

7. TECHNOLOGY AND EXPORT RESTRICTIONS. The App may be subject to United Kingdom or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the App. These laws include restrictions on destinations, end users and end use. 

8. SUPPORT SERVICES. The App is provided as-is from CRMCS to provide the functionality outlined.  CRMCS provide support services to ensure the App works as intended and any of the as-is functions are covered by this break/fix support.  As the App Provider, our Support Services can be reached by contacting support@crmcs.co.uk or by our Portal.

9. THIRD PARTY SERVICES. The App may allow you to access third party branded software, data, services, websites or products (“Third Party Services”). 

CRMCS assume no responsibility or liability whatsoever for any Third Party Service. You are solely responsible for any Third Party Service that you install or use with the App. Your use of any Third Party Service shall be governed by the license, service, or privacy terms between you and the publisher of the Third Party Service.

10. ENTIRE AGREEMENT. This agreement and the terms for supplements and updates are the entire agreement between you and the App Provider (CRMCS) for the App. 

11. APPLICABLE LAW.

a. United Kingdom. If you acquired the App in the United Kingdom. The laws of the United Kingdom govern all other claims, including claims under UK consumer protection laws, unfair competition laws, and in tort.

b. Outside the United Kingdom. If you acquired the App in any other country, the laws of that country apply.

12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of the state or country where you reside. This agreement does not change your rights under the laws of the state or country where you reside if such laws do not permit it to do so.

13. DISCLAIMER OF WARRANTY. THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. THE APP PROVIDER, ON BEHALF OF ITSELF, CRMCS, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. DISTRIBUTORS DO NOT GUARANTEE THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CUSTOMER DATA LOSS WON'T OCCUR.

14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP OR £5.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.

This limitation applies to:

  • anything related to the App, or services made available through the App, or content (including code) on third-party Internet sites; and

  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

  • repair, replacement or a refund for the App does not fully compensate you for any losses; or

  • Distributor knew or should have known about the possibility of the damages.