SuperOffice App Store
Terms of Use
This agreement is valid from May 25th, 2018.
This document defines the Terms of Use for Customers using the SuperOffice App Store, an online App Store for Third-Party Applications (“Applications”) that utilize or interact with the SuperOffice Expander API’s and integrate with the SuperOffice CRM Online Service (“The Service”).
Customer agree that the use of the App Store is governed by the terms and conditions described in these App Store Terms of Use (“The Terms”). In addition, the terms and conditions for the use of a Third-Party Application is governed in a separate agreement between the Customer and the Third-Party Developer.
Definitions
“The Service” – Standard SuperOffice CRM Online Services available to Customers through the CRM Online Master Subscription Agreement – “MSA”.
“App Store” – An online service presenting Apps that are pre-approved and certified for integration to SuperOffice CRM Online.
“SuperOffice” – the provider of SuperOffice CRM Online Service.
“Expander Services” – A SuperOffice platform offering APIs for developing integrations between CRM Online and Third-Party applications made by Third-Party Developers.
“Customer” – A SuperOffice Customer subscribing to the SuperOffice CRM Online service.
“Third-Party Developer” - developing Applications listed in the App Store.
“Application” – (or “Third-Party Application”) is software and services developed by a Third-Party Developer made available to the Customer in the SuperOffice App Store. The Applications are sometimes also referred to as “Apps”.
“CRM Data” – is all data stored as part of the SuperOffice CRM Online Service.
1. SuperOffice App Store
In the App Store, Customer can browse and/or deploy Applications for use with the Service (SuperOffice CRM Online). Applications include any software, content, services, technology, data and other digital materials included in or made available through an App that Customer access or deploy via the App Store. SuperOffice may also make some Applications available via the App Store at no charge and others for a cost. As described in these Terms, many of the Applications made available on the App Store are provided and licensed to Customer by third parties.
2. Accessing and deploying applications
2.1
After Customer register for an Application and pay any corresponding fees related to the use of the Application, Customer may deploy and activate the Application for Customer use in connection with an Account for the Service. Customer is responsible for procuring and maintaining the network connections that connect Customer network to the App Store and Applications. SuperOffice is not responsible for notifying Customer of any upgrades, fixes or enhancements to any such software or for any compromise of CRM Data caused by an Application. SuperOffice assumes no responsibility for the reliability or performance of any connections or Applications as described in this section.
2.2
Customer acknowledges that the App Store includes listings for Applications that are created, offered, supported and maintained by third parties (“Third-Party Developers”) unaffiliated with SuperOffice. Customer acknowledges and agrees that:
(a) Customer must use own discretion when Customer access or deploy Third-Party Applications through the App Store and access Third-Party Developer services;
(b) Customer is responsible for reading the terms and conditions and privacy policies associated with any Third-Party Applications (provided by the Third-Party Developer) as they will govern the Customer’s use of the Third-Party Applications; and
(c) SuperOffice does not own or control any of these Third-Party Developers or the Third-Party Applications, and Customer will not hold SuperOffice responsible or liable for any such Third-Party Applications or acts or omissions of Third-Party Developers. SuperOffice does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Applications, even if an Application complies with the App Store guidelines and certification requirements. If Customer has any questions about Third-Party Applications or the terms that govern the use of them, Customer should contact Third-Party Developer directly.
3. Use of and restrictions on applications
3.1
Customer use of an Application (including Third-Party Applications) will be governed by the terms and conditions in an agreement between Customer and the developer and owner of the Application (“App Terms of Service”). In the event that SuperOffice is the publisher of an Application, the use of such Application will be governed by the terms and conditions of the Master Subscription Agreement (MSA) or an Application-specific agreement.
With respect to Third-Party Applications, the App Terms of Service will be deemed to include the terms and conditions set forth below (the “Mandatory Service Terms”) in addition to any additional terms and conditions included in any App Terms of Service as presented by Third-Party Developer. If there is a conflict between the Mandatory Service Terms and App Terms of Service, the Mandatory Service Terms will supersede App Terms of Service.
Mandatory Terms of Service for Applications:
(a) Third-Party Developer is the licensor of the Application and SuperOffice is not a party to the App Terms of Service.
(b) Except, as otherwise limited by any App Terms of Service imposed or required by Third-Party Developer, Third-Party Developer grants Customer a perpetual, worldwide, non-exclusive, non-transferable and non-sublicensable license to access, deploy, use and integrate the Application in connection with Customer active subscription agreement to The Service.
(c) Any information that Third-Party Developer collects, stores and processes from Customer or the systems Customer use to access or deploy the Application, including CRM Data, will be subject to the App Terms of Service, privacy notice, Data Processing Agreements or similar terms that Third-Party Developer provides to Customer, and will not be subject to the SuperOffice Privacy Policy or Data Processing Agreement between SuperOffice and Customer.
(d) Customer may not modify, reverse engineer, decompile or disassemble the Application in whole or in part, or create any derivative works from or sublicense any rights in the Application, unless otherwise expressly authorized in writing by Third-Party Developer.
(e) The rights granted to Customer to use the Application under the App Terms of Service do not convey any additional rights in the Application or Third-Party Service, or in any IP Rights associated therewith. All rights, title, and interest in and to the Application, will remain with and belong exclusively to Third-Party Developer.
3.2
In connection with Customer deployment of Third-Party Applications, Customer acknowledge and authorize SuperOffice to provide Third-Party Developer with information required to activate the Application with the Customers Service Account.
3.3
Customer agrees that Third-Party Developer and SuperOffice may collect and use technical data and related information relating systems and the use of the Application. Information is gathered periodically to facilitate the provision of software updates, product support, and other services to Customer related to the Application or The Service. Third-Party Developer and SuperOffice may use this information to improve its products or to provide services or technology.
3.4
When Customer activates Third-Party Applications, those Third-Party Applications may be able to obtain access to CRM Data and store, process and transmit CRM Data outside of the Service. Such access may result in the disclosure, modification or deletion of CRM Data by those Third-Party Developers or the Third-Party Applications. SuperOffice is not responsible for any transmission, collection, disclosure, modification, use or deletion of CRM Data, as described in this paragraph.
3.5
Customer agrees to indemnify and hold SuperOffice and its affiliates, harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of Customer use of the App Store or any Applications, Customer violation of these Terms or the Master Subscription Agreement, Customer violation of any rights of a Third-Party or otherwise connected to the Terms.
3.6
Customer represent and warrant that the App Store and Applications will be used in compliance with all applicable laws.
3.7
Any support and maintenance of the Third-Party Applications shall be provided by Third-Party Developer. Customer agrees and acknowledges that SuperOffice has no responsibility for providing such support and maintenance. Failure of Third-Party Developer to provide support and maintenance will not entitle Customer to any refund of fees paid, if any, for the Application or the Service.
4. General
4.1
Customer rights under these Terms will automatically terminate without notice from SuperOffice if Customer fails to comply with the Terms. In case of such termination, Customer must cease all use of the App Store and the Applications, and SuperOffice may immediately revoke Customer access to the App Store and Applications without notice to Customer and without refund of any fees.
4.2
SuperOffice shall under no circumstances be liable for indirect losses, including, but not limited to lost profits of any kind, losses as a result of delayed startup of operation or operational disruption, lost goodwill and/or Third-Party claims. SuperOffice is only liable for errors in software applications developed by SuperOffice. Any liability is restricted to the Customers documented direct losses, and such liability shall for the whole lifetime of the Agreement be limited to the compensation for the Agreement period when the error occurred. No liability can be claimed as a result of faults or errors in the Software or the Service, unless expressly stated otherwise in this agreement.
4.3
These Terms shall be governed by the laws according to the CRM Online Master Subscription Agreement. Any other matter or clause described in the Master Subscription Agreement (MSA) that is relevant for this App Store Terms of Use, shall be valid also for the App Store Terms of Use.
4.4
SuperOffice reserves the right to make amendments to the terms and conditions of this Agreement from time to time. All Customers will be informed of such amendments by email or through the information being made available on SuperOffice’s websites, Trust Center or Customer Community.
4.5
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.