This is a contract between you and CWR Mobility BV. This contract refers to CWR Mobility BV as “we,” “us,” or “our.” This contract applies to any CWR Mobile CRM Online web site, service (including pre-release services) and software, including all updates, support, and content. This contract refers to all of these as the “service.” You represent that you are at least 18 years of age and have attained the age of majority where you reside.

You may use the service only if you agree to these terms. If you do not agree, do not use the service.  Please note that we do not provide warranties for the service.  This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. This contract also requires you to indemnify us. Please read these sections of the contract carefully.

1.   When You May Use the Service

If you create an account to use the service, you may start using the service as soon as you have finished the sign–up process. As indicated during the setup process, some parts of the service may not be available right away while we configure them for your use.

2. How You May Use the Service

In using the service, you will

a.     comply with all laws,

b.     comply with any codes of conduct or other notices we provide,

c.     keep your password secret, and

d.     promptly notify us if you learn of a security breach related to the service.

3. How You May Not Use the Service

In using the service, you may not

• use the service in any way that is against the law or harms CWR Mobility BV or its affiliates, resellers, distributors, and/or vendors (collectively, the “CWR Mobility BV parties”),
• damage, disable, overburden, or impair the service (or the networks connected to the service) or interfere with anyone’s use and enjoyment of the service,
• resell or redistribute the service, or any part of the service,
• upload, post, e-mail, or otherwise make available any content that
  • incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so, or
  • is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, piracy and counterfeiting, gambling, drugs, online pharmacies, copyright and other intellectual property laws, defamation, libel, and rights of privacy,
• use the service to sell, market, distribute or advertise, or facilitate the sale, marketing, distribution or advertising of
  • illegal gambling (including online casinos, sports books, bingo, and poker),
  • illicit drugs, pharmaceuticals, or controlled substances,
  • counterfeit, pirated, or stolen goods,
  • goods that are considered indecent, obscene, or pornographic,
  • Nazi memorabilia,
  • registered or unregistered securities, or
  • any goods or services that if sold via the service would cause CWR Mobility BV or you to violate any laws and regulations,
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”),
• use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by CWR Mobility BV or “meta-searching”), or
• use any unauthorized means to modify or reroute, or attempt to reroute the service.

4. Your Service Account
You may establish a service account for the service.  You are responsible for all activity that takes place under your service account.  You may not authorize any third party to access and/or use the service on your behalf. 

5. How We May Change This Contract
CWR Mobility BV may change this contract at any time without notice. If we make a material change to this contract, we will notify you at least 30 days before the change takes place. If you do not agree to the change, you must cancel and stop using the service before the change takes place. If you do not stop using the service, your continued use of the service will be under the changed contract.

6. Charges and Billing
If the service is available without a fee, then this Section 6 will not apply. This section applies in all situations in which you pay CWR Mobility BV directly for the service. If you pay a company other than CWR Mobility BV for the service, then the charges and billing terms are as stated by that company. Even if you do not pay for the service, you may still incur other charges incidental to using the service; for example, charges for phone or Internet access, mobile text messaging, wireless service and other data transmissions.

• Payment. When you sign up for a service, we will provide you with a payment method. You confirm that you are authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. We may charge you a different amount than what you approved.  If the amount to be charged to your payment method is greater than the amount you pre-authorized, we will tell you the amount at least 10 days before we charge you.
• Charges. We will charge monthly for the services you will receive in the next month. We may charge you at one time for more than one of your prior billing periods. If we told you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
• Updates to your Billing Account. You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
• Trial Period Offers. You may receive a limited time of free service or some other trial period offer. If we downgrade your service to one for which there is no subscription fee, some of your data may not be available to you and CWR Mobility BV may delete that data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
• Prices and Price Increases.
  • The price for the service excludes taxes, phone and Internet access charges, mobile text messaging, wireless service and other data transmissions, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider.
  • If there is a specific time length and price for your service offer, then that price will remain in force for that time. When the offer period ends, we will charge you a new price for that service.
  • We may change the price of a service from time to time, but we will give you at least 10 business days notice before a new price takes effect. If you do not agree to the new price, then you must cancel and stop using the service before the new price takes effect. If your service is on a period basis (for example, monthly or annually), then the new price will start on the date that we indicate.
• Refund Policies. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. The costs of any returns will be at your expense, unless otherwise provided by law.
• Payments To You. To receive a payment or refund due to you, you must promptly provide us with all information we need to make the payment (for example, bank account information for receiving the payment). You must provide us with the information we request before your right to receive payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment, and you agree to cooperate with us.
• Online Statement. Online billing statements will be provided by our payment processor PayPal.
• Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time regardless of any disputes you may have raised about your bill. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you do not pay in full and on time.

7. Changes to the Service; Cancellation or Termination

• By CWR Mobility BV.  We may change the service at any time and for any reason without notice. If we cancel a particular service or feature, we will make commercially reasonable efforts to replace it with a comparable service or feature, but we are not obligated to do so. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this contract. If we do, your right to use the service will stop right away. Cancellation of the service will not change your obligation to pay any charges due on your billing account. If we cancel the service without cause, we will refund the unused portion of your service charge for that period on a pro rata basis.
• By You. You may cancel your service at any time for any reason. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account. We will refund the unused portion of your service charge for the applicable period on a pro rata basis.
• Data. Upon termination or cancellation of the service by you or us for any reason, CWR Mobility BV may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data and ensuring that you maintain your primary means of business.
• Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.

8. Limits on Service

CWR Mobility BV may establish limits on the service. For example, we may limit

• the maximum storage space on CWR Mobility BV’s servers available to you,
• the number of service accounts to which you may subscribe with one payment method,
• how long we retain an inactive service account, which we define as one where you do not sign in to the service for an extended period of time, and
• the number of transactions you can conduct through a service.

If you exceed the published service limits, CWR Mobility BV reserves the right to cancel your service.

9. A Service May be A Pre-release Version
A particular service may be a pre-release version. It may not work the way a final version of the feature or service will. We may change it for the final, commercial version. We may not release a commercial version. We also reserve the right to change a pre-release service at any time without advance notice to you.

10. CWR Mobility BV Does Not Have Editorial Control

            Content. CWR Mobility BV, you and third parties may be able to post or store materials, including data, documents, information, advertisements, communications, messages and links to third party Web sites (“content”) on the service. The service includes publicly accessible areas, such as a community bulletin board service, shared calendar or other public area that allows you to communicate with others (“public areas of the service”).

            Intellectual property rights. CWR Mobility BV does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing content that violates others’ copyrights and intellectual property rights violates this contract. You represent and warrant that the use and publication of the content by you and any of your associated account users does not violate the intellectual property rights of any third party. You understand that CWR Mobility BV may remove content at any time without notice when the content violates this contract or an applicable code of conduct, or when we have a good faith reason to believe it is necessary to do so.

            Public areas of the service. You agree to post content and use public areas of the service in accordance with this contract and the codes of conduct posted for these public areas. You understand that CWR Mobility BV does not control or endorse the content that you and others post in public areas of the service. CWR Mobility BV doesn’t claim ownership of content that you and others post or provide. By posting or otherwise providing content in public areas of the service, you are granting to CWR Mobility BV and the public free, unlimited worldwide and perpetual permission to use, modify, copy, distribute, and display the content in connection with the service, and publish your name with the content.  You also give the public permission to grant these rights to others. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of the content does not breach any law. CWR Mobility BV will not pay you for content you post on public areas of the service.

            Links to third-party Web sites. The service, including public areas of the service, may contain links to third-party web sites. These third-party web sites are not under CWR Mobility BV’s control. If CWR Mobility BV has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by CWR Mobility BV of any third-party Web site, service or product. CWR Mobility BV reserves the right to disable links to any third-party Web site that you or other customers post on the service.

11. Privacy Monitoring your use. We consider your use of the service to be private. However, to the maximum extent permitted by law, you authorize CWR Mobility BV to access or disclose information about you, your account, your data, your content and your communications when we have a good faith reason to believe it is necessary to do so to

• comply with the law or legal process served on us
• enforce and investigate potential violations of this contract, including use of the service to participate in or facilitate activities that violate the law,
• protect the rights, property or safety of CWR Mobility BV, its employees, customers, or the public.

                Transfer of personal information. Personal information collected through the service may be stored and processed in the United States or any other country or region in which CWR Mobility BV or its affiliates, subsidiaries, or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country or region. You may read more about transfers of this data in the Privacy Statement.

                Performance and usage data. In order to provide you the service, we may collect certain information about service performance, your computer and your service use. We may automatically upload this information from your computer. This data will not personally identify you. You may read about this information collection in more detail in the Privacy Statement.

                Filtering technology. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. Examples include filtering to stop spam or increase security. These means may hinder your use of the service.

12. Software

                Use. The terms that come with any CWR Mobility BV software associated with the service apply to your use of that software. If no terms come with the software, you may install it on your device and use it only with the service and in accordance with this contract. Your right to use the software ends when your right to use the service terminates or expires.

                Documentation. You may copy and use any documentation provided with the software for your internal reference purposes.

                Scope of License. Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This contract only gives you some rights to use the software. CWR Mobility BV reserves all other rights. You may not

• work around any technical limitations in the software,
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits it, despite this limitation,
• make more copies of the software than specified in this contract or allowed by applicable law, despite this limitation,
• publish the software for others to copy,
• use the software in any way that is against the law,
• rent, lease, or lend the software, or
• use the software for commercial software hosting services.

                Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.

13. Materials that CWR Mobility BV Licenses To You

                Documents. You may have access to information on the service such as white papers, knowledge-base articles, datasheets and FAQs ("documents"). Unless otherwise specified, you may use the documents only for informational purposes. You may not copy, distribute, modify, or make derivative works of the documents. Educational institutions that are officially accredited under local law may download and copy the documents for distribution only in the classroom.

                Limitations. The license grant to use media elements, templates, and documents provided with the service does not include a license to the design or layout of the service or any CWR Mobility BV owned, operated, licensed, or controlled Web site. You should not copy or retransmit any logo, graphic, sound, or image from the service, unless CWR Mobility BV expressly permits it. CWR Mobility BV and its suppliers do not warrant or guarantee that the media elements, templates, and documents are accurate and suitable for your purposes. Their inclusion with the service is not an endorsement of them by CWR Mobility BV. Nothing available from the service is intended to be professional advice, including but not limited to, investment, tax, or legal advice.

14. Intellectual Property Rights
CWR Mobility BV retains all right, title and interest in and to the service, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. CWR Mobility BV reserves all rights not expressly granted. This contract does not grant or imply any rights to any CWR Mobility BV trademarks, trade names, or logos.

15. Advertisements
CWR Mobility BV runs advertisements on the service. We reserve the right to change the manner of advertising on the service. You understand that any dealings you have with advertisers on the service are between you and those advertisers, not CWR Mobility BV.

16. Third party services
CWR Mobility BV may make services from third parties available to you through the service.  These services are the responsibility of the third party, not CWR Mobility BV.  The third party service providers may require you to accept additional terms and conditions and/or pay a fee in order to use their services.  Those additional terms and conditions are between you and the third party.  Any third party’s use of information you provide as part of using their service is subject to the privacy statements and practices of that third party and/or their suppliers.  CWR Mobility BV encourages you to review the privacy statement of these third party providers.  CWR Mobility BV is not responsible for the privacy statements or privacy practices of these third party providers or their suppliers.

17. Your Dealings with Others
You understand that you, and not CWR Mobility BV, have the direct relationship with any third party with whom you have dealings, including advertisers and anyone purchasing or selling goods or services, through the service. You are solely responsible for your dealings with any third party, including

• delivery of and payment for goods and services,
• processing your customer orders, payments, and other transactions,
• verifying the validity of your customers’ orders before finalizing the order,
• informing your customers of the status of orders or transactions,
• providing all customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.),
• determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions, and
• the purchase and use by you and your associated accounts of any third party products and services.

18. Feedback
If you give feedback about the service to CWR Mobility BV, you give to CWR Mobility BV, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of a CWR Mobility BV software or service that includes the feedback. You will not give feedback that is subject to a license that requires CWR Mobility BV to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.

19. Our Notices to You; Your Notices to Us
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you this information. There may be other information about the service that the law requires us to send to you. We may send this information to you in electronic form.

We may provide required information to you

• in the member center when we first send you an e-mail notice alerting you to the notice in the member center, or
• by e-mail at the e-mail address you specified when you signed up for the service.

Notices will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service.

20. No Warranty

• CWR Mobility BV makes no guarantee about the reliability and accuracy of the service or the results obtained from the service.  You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.
• We provide the service “as-is,” “with all faults” and “as available.” You bear the risk of using it. To the maximum extent permitted by law, the CWR Mobility BV parties give no express warranties, guarantees, or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, and satisfactory quality.

21. Liability Limitation
You can recover from the CWR Mobility BV parties only direct damages up to an amount equal to your service charge for one month or the equivalent of $5 USD (whichever is greater). To the extent permitted by law, you cannot recover any other damages from the CWR Mobility BV parties, including consequential, lost profits, special, indirect, or incidental damages.

This limitation applies to

• any matter related to the service,
• any matter related to content that appears on the service, including advertisements and content posted by CWR Mobility BV, you and third parties,
• any matter related to your data that you use with the service, including any failures by you to back up your data,
• any matter related to media elements, templates, and documents licensed to you by the CWR Mobility BV parties,
• any matter related to third-parties’ Web sites and content (including code), third-party services, third-party programs, and third-party conduct,
• dealings between third-parties and you,
• any matter related to your advertising campaigns on third-party Web portals,
• any matter related to viruses or other disabling features that affect your access to or use of the service,
• any matter related to incompatibility between the service and other services, software, and hardware,
• any matter related to delays or failures you may have in initiating, conducting or completing any transmissions, transactions, or dealings with third-parties in connection with the service,
• use of the service by any third-party to whom you have given access,
• illegal activities by third-parties, including security breaches, 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

• this remedy does not fully compensate you for any losses, or fails of its essential purpose, or
• CWR Mobility BV knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential, or other damages.

22. Claim Must Be Filed Within One Year
To the extent permitted by law, any claim related to this contract or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors. It also applies to CWR Mobility BV and its successors and assigns.

23. Indemnity
You agree to defend, indemnify and hold the CWR Mobility BV parties harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys' fees) arising from your use of the service, violation of this contract, or violation of any third-party's rights.

24. CWR Mobility BV Company, Applicable Law, and Place for Resolving Disputes

This contract is between you and the CWR Mobility BV company for your country or region.

25. Contract Interpretation
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between CWR Mobility BV and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.

26. Assignment
CWR Mobility BV may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into a contract with us.

27. Force Majeure
CWR Mobility BV will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of God.

28. Notices

Copyright Notice
All contents of the Service are Copyright © 2008 CWR Mobility BV and/or its suppliers. All rights reserved.