Terms of Use
Introduction
“NOLTIC Sp. z o.o. & Noltic OÜ & LLC NOLTIC" (hereinafter - the “Team”, “We”, “Our” and “Us”) offers to natural person, corporate or unincorporated body (whether or not having separate legal personality) (collectively, “You” or “Your”) the services listed below (hereinafter - the “Services”), and Our Products for Salesforce.com listed below (the “Products”).
These Terms of Use (hereinafter - the “Terms”) govern Your use of Our Services and Products, which are currently available at https://noltic.com/ (hereinafter - the “Website”). We are the owner and operator of the Website.
In order to use Our Services and/or Products, 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 published on our Website regarding the use of our Services and/or Products. By accepting these Terms, You also must agree with Our the Privacy Policy, available at https://noltic.com/privacy-policy. Please read Our Privacy Policy to know what data We collect, process, use, store, and share about You and the lawfulness of such Our actions.
You automatically agree to these Terms: (i.) by providing your personal consent through a pop-up questionnaire (by clicking the “Accept” button) on our Website upon Your initial visit, or on any repeat visit if you have made appropriate settings in Your web browser regarding the setting of “Cookie Files” and visiting Our Website repeatedly, and/or (ii.) through Registration on Our Website (as described below), and/or (iii.) when You interact with our Website (including by filling out the “Book a free consultation”, “Join the team” or “Contact” form etc., available at Our Website), and/or (iv.) when You use or access Our Products whether through Our Website or Salesforce.com.
Note: By using Our Services and/or Products, You agree, on behalf of yourself and all members of Your household and others who use any Service and/or Products under Your registration number (account), to be bound by all of these Terms, the Privacy Policy and other related policies posted on Our Website. Please read these Terms carefully before accessing or using Our Services and/or Products. If You don't agree to the Terms and Our policies, You may not access or use Services and Products.
Our Services and Products
We offer the following range (three main areas) of “Services” such as, but not limited to: Salesforce products, Core services, Industry offerings or other customized business services. If You are interested in receiving Our Services, please contact Us in the manner described above or write to Us at contact@noltic.com. In such case, We will set forth the details of such Services in a separate master service agreement, etc. (i.e., these Terms of Use will not govern Our Services), and We reserve the right to offer You any of Our Services on individual terms.
Also, We provide Products (created by Us) on Our Website (more details here), such as, but not limited to:
- “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.
- “Dokobit for Salesforce” application provides access to external Dokobit.com systems via API calls or other methods to fully function, including, but not limited to, document signing and qualified signature verification.
- “Documate” application to merge fields by name in simple .docx files to generate quick invoices, quotes, proposals, and more with real-time data from Salesforce records.
Note: Our Services and Products 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 Products, 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 Products, We will take all appropriate steps to prohibit such person from using Our Services and/or Products, 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 Products (if We have the person's email address).
Registration to Use Our Services and Products
In order to start receiving the Services provided by Us, You need to contact Us (either by email to contact@noltic.com or by booking a call to a Google Meet) to agree on an individual package of Services, respectively, this is the model of cooperation between Us and each of Our customers/partners.
But, in order to start using the Products, You need to register on the Salesforce.com (get started here) in accordance with the internal Salesforce.com policies - kindly familiarize yourself with them as they are not under Our control. This is necessary because Our Products are available for authorized use on the reliable enterprise cloud marketplace, “Salesforce AppExchange”, and are accordingly linked to it via the following links: “CheckMyNumber” (available here), “Cloud File Uploader” (available here), “Tracky” (available here), and “Dokobit for Salesforce” (available here).
Payments for Our Services and Products
All payments (including the arrangements for making them) for Our Services are made solely on the basis of a mutually agreed upon signed cooperation agreement (i.e., master service agreement and its annex(es), partnership agreement, etc.) between Us and You, i.e., We do not charge You any amount through Our Website.
However, all payments (including any agreements regarding their execution) for Our Product(s) are made exclusively on a subscription basis (“Subscription(s)”). The available subscription options and their corresponding prices (in USD, excluding taxes) are specified on the Salesforce.com of each of Our Products. A Subscription begins on the date of purchase for either an annual or monthly term (at Your discretion) and automatically renews under the same conditions unless You cancel it (either independently through Your user account on Salesforce.com or by submitting a request to Us) or We cancel it (if You violate any provision of any of Our policies published on Our Website, if You are blocked due to a violation of any internal Salesforce.com policies, or if We do so at Our sole discretion without providing a reason for such a decision).
Note: Except as otherwise required by law, the payment of a subscription fee is non-refundable. Certain requests for refunds of subscription fees may be considered by Us on a case-by-case basis and will be granted at Our sole discretion.
Settlement Method:
- For payment processing, We are typically using Stripe.com (this includes major credit and debit cards such as Visa, MasterCard, American Express, and Discover), or
- Depending on Your location, We may also support additional payment options like Apple Pay, Google Pay, and various local payment methods, and upon Your individual request, We can accept crypto payments as well.
The price of the Our Services and/or the Product(s) Subscription is quoted in USD or EUR, excluding taxes inherent in Our receipt of such revenue (e.g., Sales Tax, VAT, etc.), which, like all bank fees, are paid by You. Depending on the payment model You choose, the total price for the subscription plan You select will be shown on the invoice, including VAT and/or other taxes (if applicable), that You must pay to start or continue using Our Services and/or Products.
Note: We do not compensate (refund) any funds paid by You for the use of Our Services and/or Products within the chosen subscription plan. However, You retain the right to use Our Services and/or Products for which You have paid until the end of such paid subscription, unless Your account is deleted by You or Us.
To discuss the payment model with Us in more detail, if You wish, please email Us at contact@noltic.com. Additionally, please, be sure to read our Privacy Policy.
Fee Changes
We, in Our sole discretion and at any time, may modify the price of the Our Services and/or the Product(s) Subscription, as well as the terms and duration of the trial (free) period, or cancel it altogether, if any.
We will provide You with at least 30 (thirty) calendar days' reasonable advance notice by email or notice on the Website of any change in the price of the Our Services and/or the Product(s) Subscription to the scheduled date of the change in the price of the Our Services and/or the Product(s) Subscription to give You the opportunity to terminate or change Your subscription before the change becomes effective.
Note: The updated prices will become effective on the next billing cycle following the notice period. Your continued use of the Our Services and/or the Product(s) Subscription after the price change comes into effect constitutes Your agreement to pay the modified price amount.
Non-paid Fees
In the event of non-payment (on each first banking day of the current month for the next month), or delay in payment of more than 7 (seven) banking days, We reserve the right to: (1) declare all amounts owed to Us to be overdue and subject to immediate payment, and/or (2) immediately suspend access to the Services and/or Products until the debt is paid in full (i.e., temporarily deactivate Your account), and/or (3) We may temporarily disconnect You from using Our Services and/or Products if You have not paid within 7 (seven) banking days (i.e., temporarily deactivate Your account), until payment is made.
Note: If You do not have any debts to Us in the course of cooperation between Us, Our Services and/or Products are provided for the entire agreed period, except for force majeure and/or when You request Us to temporarily suspend the provision of Services and/or Products, in which case such events are managed on the basis of the agreed terms of the cooperation agreement.
Termination and Suspension of Our Services and Products
Termination and suspension of the use of Our Services and/or Products is carried out, including but not limited to: (1) by Us when Your actions endanger the reputation of Our Company, or You have committed other violations of the Terms (We reserve the right to decide whether Your actions constitute a violation), or (2) when You have not paid part or all of the cost of Our Services and/or Products, or (3) when You request Us to temporarily suspend the Services and/or Products with a written explanation of the reason for such action, or (4) when You request to terminate the cooperation agreement, either by Us or by mutual agreement, or (5) if You are blocked due to a violation of any internal Salesforce.com policies, etc.
Note: Full termination of business relations between You and Us occurs if You do not have any debts to Us. If there is, we will terminate Our cooperation only after You pay it.
Your Obligations While Using Our Services or Products
You are prohibited from, including but not limited to: (i) attempting to gain unauthorized access to the Services and/or Products; (ii) use the results of Our Services and/or Products, in whole or in part, for fraudulent activities, distribution of malware or behavior that harms Us and/or third parties; (ііі) using a robot, spider, other automated device or manual process to monitor or copy any content from the Website and/or non-paid results of the Services and/or Products, and (iv) other terms and conditions specified in the cooperation agreement, or in Our other policies, etc.
Note: You are required to adhere to the following mandatory guidelines regarding the use of Our name and/or logo, if you have received Our permission for marketing activities outside of Our Website (i.e. outside of Our Services and/or Products), including but not limited to: (i.) always use Our name correctly and do not alter its spelling in any manner, (ii.) use the logo in its original form without altering its color, size, or proportions, (iii.) use the name and/or logo only in a positive context, and ensure that they do not imply any form of sponsorship or endorsement, and (iv.) do not use the name or logo in any misleading, offensive, or unlawful context, etc.
Intellectual Property
The Website, including all of its components such as the software, infrastructure, databases, and all types of content (texts, images, visual effects, music, logos, brands, etc.), is protected by intellectual property laws and belongs to Us or to Our third-party licensors, where applicable.
Note: All intellectual property rights, including copyrights on original materials, Website Content, design, graphics, and software created directly by Us for the Website, are owned by Us, which owner and operator of this Website. Use of these materials without the prior written consent by Us is prohibited, except as explicitly permitted by law. By agreeing to Our Terms, You confirm that by creating (receiving) User-Generated Content (i.e., Your results of using the Services and/or Products), You have the rights, consent, and permissions to use such User-Generated Content (taking into account the below) and are responsible for ensuring that such User-Generated Content complies with applicable law and the rights of third parties.
The license We grant to You does not entail the transfer of Our intellectual property rights to You. However, as a user of Our Services and/or Products (only after payment for the Services and/or Products), You are granted a non-exclusive, non-transferable, non-sub-licensable, non-copyable license to use the Services and/or Products, namely User-Generated Content, solely for personal, non-commercial purposes during the period of Your subscription, subject to the rules set forth in these Terms. You, in turn, grant Us permission to use Your User-Generated Content, within reasonable limits at Our discretion, to provide, maintain and improve our Services and/or Products.
Note: All original content, features, and functions within the Services and Products 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 and Products or Website Content or User-Generated Content or the Website without Our prior written permission. If You violate this section, we reserve the right to apply the “DISPUTE RESOLUTION” section.
Third-party Links
Our Website may contain links to third-party websites and services that are not owned and/or controlled by Us. We have no control over, and assume no responsibility (including financially) 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 (including financially) 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.
Note: These Terms are between You and Us only and do not apply to Your relationship with any third party. Therefore, We strongly advise You to read the terms and conditions and privacy policies of any third-party websites and services You visit.
Use Policies
In addition to the above mandatory provisions of Our Terms of Service, as set forth in each section thereof, You agree that the implementation of Our Services requires a connection to the Internet and that the quality of Our Services depends on this connection, for which We are not responsible.
You may not assign, transfer or delegate these Terms, or any of Your rights or obligations under these Terms, in whole or in part, without Our prior written consent. Attempts to do so without such approval will be null and void.
If You use Our Services in any way which We reasonably determine (at Our sole discretion) may be unlawful, prohibited, abnormal, unusual, or detrimental to Our Services or any of Our other customers or other unrelated parties, We reserve the right to suspend or terminate Your Services without notice or to seek legal action to protect Our interests.
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.
Note: Unauthorized use of email addresses or impersonation is strictly prohibited. If you are using the Services on behalf of another person or entity, You must be authorized to accept these Terms on their behalf.
Our Obligations
We make every effort to provide You with quality Services. For this purpose, We regularly improve Our qualifications, use licensed software, etc.
However, We are not responsible for any difficulties or temporary impossibility of access to Our Services due to, but not limited to including partial or complete failure of Your servers, or failure of equipment, cables, services, or networks that are not part of Our Services or that are not under Our responsibility, or interruption of the Services by telecommunications operators or Internet providers, or Your intervention, including due to incorrect configuration applied to the Services, or force majeure, etc.
We do Our best efforts to ensure data security by implementing measures to protect the infrastructure and the Services, to detect and prevent malicious acts, and to recover data.
We may use contractors in the performance of the Services, who are subject to the same obligations as Us in providing the Services to You.
We may substitute any person who will be subrogated to all Our rights and obligations under Our contractual relationship, without Your consent. We will inform You of any such substitution by any written means.
We reserve the right to monitor, review and moderate any content on the Website to ensure compliance with applicable law. We may remove, edit or block any content on the Website that violates these Terms or is otherwise harmful or objectionable.
Disclaimer
The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Although We maintain operational and technological security standards, We cannot guarantee complete protection against errors. You use the Website solely at Your own risk, for which We are not responsible (including financial). You are solely responsible for ensuring that any use of information or materials available on the Website meets Your specific requirements. We shall not be liable (including financial) for any direct, indirect or consequential damages that You may suffer by using the Website (including materials published on the Website) and/or accepting part or all of the results of Our Services under the cooperation agreement signed between Us and You, or for the Product(s) Subscription.
The information published on the Website has been checked for accuracy and reliability, and the materials on the Website are provided for general information and do not constitute professional advice. For information on specific issues of interest to You, please contact Us by any method through Our Website.
lthough We make efforts to verify the accuracy and reliability of the information published on the Website, all materials are provided for general informational purposes only and do not constitute professional advice. For guidance on specific matters, please contact Us using any of the communication methods available on Our Website.
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 use of any results of Our Services or the Product(s) Subscription; (ii) any conduct or content of any third party on the Services or the Product(s) Subscription accepted by You; and (iii) 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.
You are aware and agree to indemnify and hold Us and Our affiliates and their employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, claims or expenses, damages and costs, arising or resulting from Your use of any or all of the Website content, Your acceptance of any results of the Services and the Products, and any violation of these Terms and/or the terms of a cooperative agreement, and/or in Our other policies, etc.
In no event shall We be liable (including financially) for any direct, indirect, special, or consequential damages, or any other damages whatsoever, for any use of or reliance on the Website, or any linked or referenced website, including, without limitation, any lost opportunity, lost profits, business interruption, loss of programs or data, even if expressly advised or otherwise aware of the possibility of such damages, whether in an action of contract, negligence, tort, or otherwise.
Dispute Resolution
These Terms shall be interpreted by the laws of the Estonia. All misunderstandings are negotiated between Us and You (hereinafter - the “Parties”). In case of disagreement, the disputes must be resolved (if it is impossible to resolve the dispute through negotiations) as follows:
“Any dispute, controversy, or claim arising out of Terms or in connection with these Terms, including the conclusion, interpretation, performance, breach, termination or its invalidity, shall be settled by International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. In all issues, the substantive law of the United Kingdom and Wales shall be applied. The number of arbitrators shall be one: a claimant Party must appoint an arbitrator. The Parties agree that the place of arbitration shall be Kyiv, Ukraine. The Parties agree that the language to be used in the arbitration shall be English.”
Note: The provisions of these Terms are a complete defense to any claim (including a collective claim), action or proceeding brought in any federal, state or local court or in any administrative court with respect to any claim or dispute arising out of or related to these Terms and may only be resolved by arbitration as provided in these Terms. 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.
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 Services and the Products 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 send a notice to terminate Your use of the Services and the Products.
These Terms are written in English, and if You use a web browser translator or any other translation tool, We are not responsible for the accuracy and quality of such translation.
Contact Us
In order to resolve a complaint about the Services and the Products, or to obtain additional information regarding use of the Services and the Products, please contact Us by sending an email to contact@noltic.com.