Terms of Service
Effective Date: January 1, 2018


These Terms of Service ("Terms") govern your use of the Osqin Crm (the "Crm") and the Osqin Crm and related database (the "Database"), which are owned and operated by Osqin ("Osqin," "we" or "us"). Our Privacy Policy is incorporated by reference into these Terms, and is subject to the provisions of these Terms. Please read these Terms carefully before you access the Crm or Database, as these Terms form a binding legal agreement between you and Osqin.
By accessing the Crm or registering for or using the Database, you agree to these Terms in their entirety.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE CRM OR DATABASE. YOUR USE OF OUR CRM AND DATABASE REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE OSQIN CRM PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.OSQIN.COM/PRIVACY-POLICY

  • Changes to the Terms
    We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Crm. As your next visit to a Crm or use of the Database may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Crm or use the Database. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Database.

    Your use or continued use of the Crm or Database following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies
  • Database Osqin.

    You understand that we are providing you a right of use this database, which not includes, the necessary software in some cases called Filemaker. When it needed at least over one single computer you will have to buy directly to Filemaker all licenses needed. Osqin don’t resell any license. (filemaker.com).
    This database works similar on Mac or on Windows computer.

You agree to abide by these Terms with respect to your use of this database.

  • Authorized User; Your Responsibility.

    You may not access or use the Crm or Database if you are unable to form a binding, legal agreement with Osqin Crm. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the Crm or Database.

    Accounts are for single user, individual use only. Any non-individual use or multiple-party use is prohibited. For example, the following uses are prohibited under this section:
  • Sharing a login between people or company.
  • Each company or individual must get from us a real license.
  • Simultaneous logins from multiple IP addresses are not allowed.


  • Personal Information

    4.1.   Accuracy.
     By registering for our Database, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
    The email address you will register for the license must be real and yours. You will got the license activation to that email (nowhere else).

    4.2.   Privacy. To use our Database, even in Trial version you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the Osqin Privacy Policy, which you can find and read at www.Osqin.com/privacy-policy
  • Personal Use; Limited License

    Osqin Crm grants you a personal, limited, non-transferable, non-exclusive license to use Osqin Crm content and the Database, solely for your personal, private and non-commercial use in connection with the Osqin Crm Database accessed by you. This license is personal to you, and you may not resell our Database, permit other users access to our Database through your account, or use the Database or our System to host content for others. You may not copy or download any content from the Osqin Crm Database except with the prior written approval of Osqin Crm.

    Furthermore, without the prior written approval of Osqin Crm, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Crm content or Database. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Crm. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Osqin Crm Database you are using.

    Making unauthorized copies or distribution of Crm content may result in the termination of your Osqin Crm account, prohibition on use of Osqin Crm Database, and further legal action.
  • Software

    The Database may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device ("Software"). Osqin Crm grants to you a non-exclusive, limited license to use Osqin Crm Software solely for the purpose stated by Osqin Crm at the time the Osqin Crm Software is made available to you and in accordance with these Terms. Your use of the Osqin Crm Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access Osqin Crm Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Osqin Crm Software. You may not modify Osqin Crm Software or use it in any way not expressly authorized in writing by Osqin Crm. You understand that Osqin Crm's introduction of various technologies may not be consistent across all platforms and that the performance of Osqin Crm Software and related Osqin Crm Database may vary depending on your computer and other equipment. From time to time, Osqin Crm may provide you with updates or modifications to Osqin Crm Software. You understand that certain updates and modifications may be required in order to continue use the Osqin Crm Software and Osqin Crm Database.
  • SPAM

    Osqin Crm enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Osqin Crm will never use your license information.
  • Fees; Payment Terms

    Osqin Crm may, with prior notice, change the fees it charges you for accessing the Database at any time. You agree that all fees charged by Osqin Crm for accessing the Database will be automatically charged to your payment account on file with Osqin Crm, at the time of any automatic renewal of your subscription for Database.
  • REFUND POLICY

    You can use for one time period only and not extendable the total free Trial version without engage any fund. Over this total free trial period Osqin will not refund.

    You understand that by paying using variably priced currencies, you are using a payment method that may fluctuate a large amount in value in a short period of time. You agree that any refunds for transactions using these methods will be assessed at the USD exchange rate at the time of the refund, and not at the time of the original transaction or refund request.

    You also understand that certain cash equivalent or other payment methods may not allow for refunds or that refunds may happen slowly or by paper check or that refunds may have service fees associated with them. You agree and acknowledge that Osqin Crm is not liable if a payment method does not allow for refunds.
  • Use of Database

    Subject to clause 19, Osqin Crm is not liable for the loss, corruption, alteration or removal of any content transmitted using our Database or on our System. By using our Database, you expressly waive the right to seek damages and agree to hold Osqin Crm harmless for any such loss, alteration, corruption or removal.

    Osqin Crm may also at any time modify or discontinue, temporarily or permanently, all or any part of the Database or your account, with or without notice, and you agree that Osqin Crm will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Database are not intended to be used in countries where offering or providing the Database is illegal, and we do not offer the Database in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria or Sudan (this list could be extended).
  • Third-Party Content

    We do not control, and we are not responsible for, any data, content, Database, or products (including other software) that you access, download, receive or buy while using the Database. We may, but do not have any obligation to, block information, transmissions or access to certain information, Database, products or domains to protect the Database, our network, the public or our users. We are not a publisher of third-party content accessed through the Database and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, Database, graphics, data or any other information provided to or by third parties as accessible through the Service.
  • Acceptable Use Policy

    You agree to comply with all applicable laws and regulations in connection with your use of the Database. You may not use our Database, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
  • The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
  • Sending or transmitting any SPAM over the Database, whether via e-mail, Usenet, or any other communication channel
  • Acts that may materially affect the quality of other users' experience, including, without limitation, "spikes" in bandwidth usage or using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
  • Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
  • Introducing malicious programs into Osqin Crm's network or servers (e.g. viruses, worms, Trojan horses, etc.);
  • Engaging in any monitoring or interception of data not intended for you without authorization;
  • Attempting to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
  • Using any method, software or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity's webCrm or service;
  • Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
  • Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patent, trademark or copyrights;
  • Transmitting or receiving, uploading, using or reusing material that includes sexual or explicit depictions of minors in any form;
  • Transmitting or receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate these Terms;
  • Falsifying header information or user identification information;
  • Using the Database for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
  • Impersonating any person or entity, including, but not limited to, a Osqin Crm representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Copyright Protected Materials

    Osqin Crm respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
  • Export Control Laws.

    The Database and Software may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Database or downloading any Software from Osqin Crm, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any require government authorization. You further agree not to upload to Database any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
  • Right to Restrict or Terminate Access

    These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by Osqin Crm. Osqin Crm may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Osqin Crm in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Osqin Crm denies or restricts your access to the Database because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
  • Security

    You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Database, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Database, the System or of any Private Documentation, and shall promptly report to Osqin Crm any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Osqin Crm shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Database) is not permitted.
  • Data

    You are fully responsible about the data you add or import or export in/with the Osqin Crm Database.
    You understand that you must very carefully backup your CRM to protect any technical issue, any bugs you can cross when you receive an update, or any other problem could be generated by your computer, your server or any other nature or sur-nature problem.

 

  • DISCLAIMER OF WARRANTY

    Actual service coverage, speeds, locations and quality may vary. Osqin Crm will attempt to provide the Database at all times, except for limited periods for maintenance and repair. However, the Database may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Database or communications Database or networks. We may impose usage or Database limits, suspend the Database, or block certain kinds of usage in our sole discretion to protect users or the Database. The accuracy and timeliness of data received is not guaranteed.

    YOUR USE OF THE CRM AND SERVICE IS AT YOUR SOLE RISK. THE CRM, ALL CRM INFORMATION AND THE DATABASE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. OSQIN CRM DOES NOT WARRANT THAT THE CRM OR DATABASE WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. OSQIN CRM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CRM OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

    SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OSQIN CRM'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE CRM AND DATABASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
  • LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES WILL OSQIN CRM, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("OSQIN CRM PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR DATABASE, CRM OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR DATABASE, OUR CRM OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE CRM AND DATABASE.

    IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE OSQIN CRM PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE CRM, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE OSQIN CRM PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID OSQIN CRM FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

    SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE OSQIN CRM PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
  • General Terms

    21.1.   Entire Agreement
    . These Terms, along with any rules, guidelines, or policies published on the Osqin Crm homepage constitute the entire agreement between Osqin Crm and you with respect to your use of our Crm Database. If there is any conflict between the Terms and any other rules or instructions posted on the Crm or Database, the Terms shall control.

    20.2.   Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Osqin Crm. Notwithstanding the foregoing, Osqin Crm reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.

    20.3.   Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of Switzerland city of Geneva, without reference to its choice of law rules.


20.4.   Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Crm or Database must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

20.5.   Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.

20.6.   Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of Osqin Crm, which may be withheld in Osqin Crm's sole discretion.

20.7.   Non-Waiver. Osqin Crm's failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

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