From everyone at Paradem Consulting, thank you for using our products! We build them to help you do your best work. There are millions of people using Paradem Consulting products every day. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service (“TOS”) to help keep the ship afloat. When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Paradem Consulting. When we say “Services”, we mean any product created and maintained by us, which includes TuiCRM, whether delivered within a web browser, desktop application, mobile application, or another format. We may update these TOS in the future.
In order to complete your registration as an account owner, each of our customers will be required to electronically accept the TOS provided by us and included on the account owner portal. Prior to the acceptance of the TOS, Paradem Consulting will present each customer with the opportunity to review the TOS. We reserve all rights to amend, modify or otherwise change the TOS without the consent or prior notice of such changes to the account owner provided, however, that any material changes to the TOS shall be communicated at all times, to the account owner and that such changes, comply with the requirements of any law applicable to our Services.
When you use our Services, now or in the future, you are agreeing to our latest TOS. There may be times where we do not exercise or enforce any right or provision of the TOS; our failure to exercise any right or provision, provided under this TOS or otherwise available in respect hereof at law or in equity, or to insist upon compliance by the account owner or any other party hereunder, shall not at any time constitute a waiver of our right to exercise such right, require a remedy or to demand compliance.
These terms do contain a limitation of our liability.
Upon a breach of any of the terms of this TOS as determined by the Company, the Company may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about [who we are](https://paradem.com/team/), [how we work](https://paradem.com/process/), and keeping an open door policy to your feedback.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. For added security, all our products utilize two-factor authentication. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
We only permit human registrations. Accounts registered by “bots” or other automated methods are strictly prohibited.
Payment, Refunds, and Plan Changes
If you are using a free version of one of any of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you will be required to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will become inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of the upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You can find instructions on how to cancel your account in our Cancellation policy. If you need help cancelling your account, you can always contact our Support team. All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason and at any time.
Security and Privacy
Unless having been placed under an obligation to do so by a court or other body or agency of competent authority or jurisdiction, we undertake and agree to keep confidential all data used and processed on our website and by the account owner. And on the flip-side, you agree to comply with all requirements under the California Consumer Privacy Act (“CCPA”) and not use Paradem Consulting Services in a way that violates the regulations and other governmental regulations in place.
Copyright and Content Ownership
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations. We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
Services Adaptations and API Terms
We offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms: You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity *other than time tracking*, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. We are not liable or accountable for any of these third-party integrations.
We mentioned liability throughout these TOS but to put it all in one section:
We take no responsibility for data or information shared or processed on our platform inadvertently by a person other than the account owner. You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this TOS or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.