Terms of Use

Introduction

"NOLTIC Sp. z o.o. & Noltic OÜ & LLC NOLTIC" (hereinafter collectively referred to as the "Team", "We", "Our" and "Us", irrespective of which Our entities You collaborate with) offers companies ("You" or "Your") services that are listed below (the “Services”) and Salesforce solutions and its enterprise tools to optimize sales operations, increase Your productivity, free up resources for core business and other specific needs of Your company (the “Solutions”).

These Terms of Use (the “Terms”) govern Your use of Our Services and Solutions, which are currently available at https://noltic.com/ (the “Website”).

The Terms are the only document that regulates Our contractual relationship and defines the terms of use of Our Solutions (as defined below), Our and Your obligations. Terms of use of Our Services defined by separate bilateral agreements.

In order to use Our Solutions, You must agree to all the Terms set forth below, without any objections or modifications to the Terms or to any operating rules and policies. By accepting these Terms, You also must agree with Privacy Policy available at Our Website.

When You use or access Our Solutions, You automatically agree to be bound by these Terms.

Please read these Terms carefully before accessing or using Our Solutions. If You do not agree to the Terms and Our policies, You may not access or use Solutions.

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Services and Solutions

We offer the following range of the Services on Our Website:

Sales Сloud, Experience Cloud, UI/UX, Service Cloud, Product Development Outsource, Accounting, Revenue Cloud, Marketing Cloud, Analytics, ETL and Data Integration, QA, Consulting and other custom service packages.

The terms of such Services are governed by separate bilateral agreements. You can book a free consultation.

Also, We provide the following Solutions on Our Website:

• “CheckMyNumber” application for parsing, formatting and verifying phone numbers for all countries/regions of the world.
• “Cloud File Uploader” application that allows you to upload files from 13 different sources, including all popular cloud storages (Facebook, Google Drive, Google Photos, Dropbox, Instagram, Evernote, Flickr, OneDrive, Box, Huddle).
• "Tracky" application for tracking field history data of most (according to Salesforce limitations) standard and all custom objects in Salesforce.
• For more information about our solutions, please visit Our Website.
• We reserve the right to offer You any other Services and Solutions.

‍Registration

To start receiving the Services, You need to book a free consultation or contact us by filling out the form “Contact” and We will contact You in any convenient way. Please read Our Privacy Policy to know what data We collect about You.

To start using the Solutions, You need to register on the Salesforce Website. To register, all You need is Your email address. You will receive a link to activate Your account in Your email. Follow the link and You will be taken to Your personal account. 

Our Solutions are hosted on the reliable corporate cloud marketplace "AppExchange", which respectively contains its own Privacy Policy, respectively, by using the "CheckMyNumber" product (available at the link), "Cloud File Uploader" product (available at the link) and the "Tracky" product (available at the link), the User(s) agrees to the rules set out in the "AppExchange" Privacy Policy.

Note: Our Services and Solutions are intended exclusively for persons over 18 years of age, except if a parent or guardian of a person under the age of 18 gives that person written permission to allow them to use Our Services and/or Solutions (which the person under the age of 18 and/or the person's parent or guardian sends to Us for approval via Our email), subject to the provisions of Our Privacy Policy. If We discover that such person under 18 years of age is using Our Services and/or Solutions, We will take all appropriate steps to prohibit such person from using Our Services and/or Solutions, and notify such person under 18 years of age via email that such person needs to provide Us with written permission from such person's parent or guardian in order to continue using Our Services and/or Solutions.

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Payment and Subscription 

All Solutions are paid for on a subscription basis (“Subscription(s)”). Subscription options are available on the AppExchange Website. A Subscription begins on the day it is signed up for a yearly or monthly period and automatically renews under the same terms and conditions unless You cancel it, or We cancel it. You may cancel Your Subscription at any time at Your account settings page.

The prices of the Solutions are indicated on the Salesforce Website. They are indicated in USD and without tax.

Payment is made through a direct bank transfer (or through the third-party Stripe system, which is tied to our applications).

If an exchange rate is applicable, You will be responsible for any exchange charges applicable at the time of payment of the price. If applicable, You are solely responsible for the payment of all bank charges related to the payment of the prices, except for Our bank's charges.

Any period started is due in its entirety. We will send You an invoice per period by any useful means.

You guarantee that You have provided accurate and complete payment information and that You have the necessary authorizations to use Your payment method.

We are free to offer promotional offers or price reductions.

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Free Trial Version

Since the first launch of the Solutions, You will be granted a free Subscription, which will be applied to Your account automatically and grants You access to some basic features of the Solutions, but to access all the features and capabilities of the Solutions, a subscription payment is required.

We offer a free 30-day or 14-day trial for all of Our plans. You are required to enter payment information and select Your plan, Your plan will expire at the end of the 30th or 14th day. Your first charge will occur at the end of the 30th or 14th day after Your signup date. If You cancel Your account before this first charge, You won’t be billed at all, even if You entered Your billing information.

At any time and without notice We reserve the right to (i) modify the terms and conditions of the Free trial offer, or (ii) cancel such Free trial offer.

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Failed Charges

In the event of non-payment or delay in payment, We reserve the right to demand:

• Declare all amounts owed to Us to be past due and payable immediately;
• Immediately suspend access to the Solutions until the owed amounts are paid in full.

We will limit access to Your account, and You will lose the right to use the Solutions. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the account since the failed credit card charge.

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Termination and Suspension of Subscription

You may terminate Your Subscription under these Terms without cause or for any reason in Your Salesforce account's settings. Or, You can send the termination notice by email to the following address: moc.citlon@tcatnoc. 

Upon termination of the Subscription, You will lose access to the Solutions upon the expiration of the Subscription.

You will not be refunded for any unused Solutions, although You will be able to use the Solutions until the end of the Subscription.

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Intellectual property

The Solutions are Our property, as well as the software, infrastructure, databases, and content of any kind (texts, images, visual effects, music, logos, brands, etc.) that We use. They are protected by all applicable intellectual property rights or the rights of the database owners.

The license We grant to You does not entail a transfer of ownership. You, as a user, are granted a non-exclusive, non-transferable license to use the Solutions during the subscription period.

Our Solutions may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through such sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.

Note: All original content, features, and functions within the Services and Solutions are owned by Us, its licensors, and are protected by copyright, trade secret, patent, and other intellectual property laws. You may not, either by Yourself or by using third-party software, duplicate, copy, screen capture, modify, reproduce, publish, transmit, sell or create derivative works based on Our Services or Our Solutions or the Website without Our prior written permission. If You violate this section, we reserve the right to apply the “GOVERNING LAW” section.

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Third-party links

Our Website may contain links to third-party websites and services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, and practices of any third-party websites and services.

You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, and services available on or through third-party websites and services. In no event will We be obliged to become involved in any dispute between You and another user or between You and a third party. You release Us from any claims related to such disputes and from any involvement in legal proceedings.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites and services You visit. The use of third-party products and services, as well as third-party software accessed through the Services or provided by Us, requires separate agreements with these third-party organizations and is governed by their respective terms of use.

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Note: These Terms are between You and Us only and do not apply to Your relationship with any third party.

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Use policies

You are responsible for Your use of the Solutions and any information You share in connection therewith. 

You agree that the Solutions will be used exclusively by You and/or users, who are subject to the same obligations as You in their use of the Solutions.

As a user, You must be 18 years or older to use the Solutions. You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use the Solutions. You are responsible for safeguarding the password that You use to access the Solutions and for any activities or actions under Your password, whether Your password is with Our Solutions or a Third-Party.

As a user, You agree to follow the acceptable usage policies, which are designed to prevent fraud and abuse of Our Solutions, to ensure that all customers receive acceptable access to Our Solutions, and to protect the quality and integrity of Our Solutions.

As a user, You agree that You are aware of the characteristics and constraints of Our Solutions, in particular the technical ones.

As a user, You agree that the implementation of Our Solutions requires a connection to the Internet and that the quality of the Solutions depends on this connection, for which We are not responsible.

The following is a non-exhaustive list of practices that would not be considered "Legitimate Use":

• using Our Solutions for unreasonable workloads We determine (in Our sole discretion) to be unrelated to the deployment and maintenance of Your own services;
• re-selling Our Solutions or parts thereof to another party;
• using Our Solutions, violate any laws in Your jurisdiction (including but not limited to copyright, spam, or trademark laws);
• use robot, spider, other automated device, or manual process to monitor or copy any content from the Solutions;
• using Our Solutions in a manner We determine (in Our sole discretion) could cause harm to Our Solutions or another party; or
• unusual usage patterns inconsistent with those We reasonably consider as normal use when compared to other customers.

If You use Our Solutions in any way which We reasonably determine (at Our sole discretion) may be unlawful, prohibited, abnormal, unusual, or detrimental to Our Solutions or any of Our other customers or other unrelated parties, We reserve the right to suspend or terminate Your access without notice.

You indemnify Us against any claims and/or actions that may be brought against Us as a result of Your breach of Your obligations. You will refund Us any losses incurred and reimburse Us for any damages We may incur as a result of Your breach of Your obligations.

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Our obligations 

We make every effort to provide You with quality Solutions. For this purpose, We carry out regular checks to verify the functioning and accessibility of Our Solutions and may carry out scheduled maintenance.

However, We are not responsible for any difficulties or temporary impossibility of access to Our Solutions due to:

• circumstances outside Our network (including partial or total failure of Your servers)
• the failure of equipment, cabling, services or networks not included in Our Solutions, or which are not under Our responsibility,
• interruption of the Solutions by telecom operators or internet service providers,
• Your intervention, in particular through an incorrect configuration applied to the Solutions,
• force majeure.

We do Our best efforts to ensure data security by implementing measures to protect the infrastructure and the Solutions, to detect and prevent malicious acts and to recover data.

We may use subcontractors in the performance of the Solutions, who are subject to the same obligations as We are in the performance of their work. However, We shall remain solely responsible to You for the proper performance of the Solutions.

We may substitute any person who will be subrogated to all Our rights and obligations under Our contractual relationship. We will inform You of any such substitution by any written means.

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Limitation of liability

In no event shall We be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Solutions; (ii) any conduct or content of any third party on the Solutions; (iii) any content obtained from the Solutions; and (iv) unauthorized access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Disclaimer 

Your use of the Solutions at Your sole risk. The Solutions are provided on an "AS IS" and "AS AVAILABLE" basis. The Solutions are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We do not warrant that a) the Solutions will function uninterrupted or available at any particular time or location; b) the Solutions are free of errors or defects; c) any errors or defects will be corrected; or d) the results of using the Solutions will meet Your requirements. 

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Governing law

Where either party may have a dispute or claim against the other party, each party agrees that the Terms shall be interpreted in accordance with the applicable laws and exclusive jurisdiction of Poland.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Our Solutions, and supersede and replace any prior agreements We might have between us regarding the Solutions.

These Terms constitute the entire agreement between us with respect to Our Solutions, and supersede and cancel any prior agreements that may have been made between us with respect to the Solutions.

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Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the changes are material, We will endeavor to provide a notice before any new terms become effective. What constitutes a material change will be determined in Our sole discretion.

By continuing to access or use Our Solutions after these changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must discontinue using the Solutions.

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Contact Us 

In order to resolve a complaint about the Solutions or to obtain additional information regarding use of the Solutions, please contact Us by filling out the form “Contact” and We will contact You in any convenient way.