Salespod terms and conditions


The terms of conditions listed below refer to the Salespod client application as well as the Salespod website (hereinafter referred to as the 'Salespod system'). The Salespod system is a service offered by the service provider (hereinafter 'Salespod Inc.'). General conditions of Use apply to all system users and site visitors.

The user ('user') is any legal or individual person who was assigned a user name and a password for accessing the Salespod system

By accessing any part of the Salespod system, you agree to abide by these Terms and Conditions of Use.

If you do not agree to these Terms and Conditions of Use, please do not use the Salespod system.

Use

Salespod Inc. maintains the Salespod system and further strives to ensure the system's availability ('uptime') 24 hours a day, all year round. The Salespod system functions within the specifications and purposes of the program, in a manner that Salespod Inc. has described in great detail in documents widely accessible to the public. Salespod Inc. does not bear responsibility for any disturbances and interruptions due to connectivity issues or for any other occurrences beyond their direct control. Salespod Inc. shall not, at any time, be liable for any damage or loss of any kind, caused as a result of the improper use of the Salespod system, due to inadequate equipment or the inability to use it in the right way. Salespod Inc. shall in no way be liable for any damage arising from the inability to connect to the Salespod system for the aforementioned reasons.

In using the Salespod system, the user agrees:

- Not to use false identities and/or use the system in an unauthorized manner, on behalf of any legal or private person,
- Not to use the Salespod system for achieving any illegal goals,
- Not to obstruct the networks, which are needed to provide the service,
- Not to use any device, software, program or other means in order to obstruct the functioning of the web page, and not to obstruct transactions which are offered by the Salespod system,
- Not to take any action which could damage the infrastructure of the Salespod system,
- Not to use any tool to automate the access to the system (agents, robots...), for any reason.

Salespod Inc. reserves the right to restrict the user's access to the Salespod system, at any time, if the user violates any of the aforementioned regulations.

Customer support

Salespod Inc., being the sole provider of the Salespod service, is responsible for offering customer service to its users. Salespod customers may contact customer support at any time, provided that their subscription to Salespod is still active.

Our support services predominantly serve the following needs:

- Correction of mistakes made during the installation of the program's equipment of the provider,
- Assistance with applications that are part of the Salespod system via e-mail (the address of the user support) and/or by telephone.
- In the unlikely scenario that a user spots any bugs or other kinds of errors in the system, he is to report immediately such finding to Salespod Inc.
- The latter in turn commits itself to fix any bugs and correct any errors in the shortest amount of time possible. Salespod Inc. shall not bear responsibility for any damage a user might incur as a result of these inconveniences.

Software updates

From time to time, the Salespod service software may be updated. These updates are predominantly intended to improve, upgrade and further enhance Salespod's service. Updates may consist of files for eliminating mistakes, files with upgraded functions, new software modules and completely new versions of the software.

In order to facilitate the updating process, the download of new files from the provider's server occurs automatically on the users' smartphones. The user agrees to accept these files and to install them on his mobile device as part of the Salespod system.

Limitation of liability

Salespod Inc. hereby states that all information and services offered on their web pages are on an "as is", "as available" basis without warranties of any kind on their availability and regularity i.e. its purpose. The user utilizes the Salespod Inc. website at his sole risk. In no event shall Salespod Inc. be liable for any direct or indirect losses or damages arising out of or in connection with his use of or inability to use the information and/or services from this site, i.e. because of the possible mistakes or incorrect information which could be found on the site.

Salespod Inc. is continually working on offering the maximum in terms of technical correctness on their web pages. In no event shall Salespod Inc. be liable for any direct or indirect losses, damages or inconveniences arising out of possible technical difficulties or interrupted work.

Salespod Inc. hereby guarantees for the adequate equipment solely, and shall not be liable for any irregularity or unlawfulness, arising out of the use of inadequate equipment or the user's inability to utilize it.

Payments and system usage costs

The Salespod system is available exclusively as a paid service. In order to use the system, a user must first first sign an agreement for use of the Salespod system. The service provider will charge for the costs of using the Salespod system according to the tariffs valid on the day when the service is used or in compliance with the tariffs defined in the agreement.

Cancellation of services

Salespod Inc. reserves the right to terminate offering the Salespod system service to any and all users that violate the terms and conditions of usage.

Salespod Inc. may temporarily suspend the services of the Salespod system to the users if they fail to settle the payments that they owe to the service provider.

The user has the right to cancel using the services of the Salespod system at any time by submitting a written request for the termination of the agreement, unless otherwise agreed differently.

Security of access, privacy and data protection

Salespod Inc. reserves the right to collect statistics concerning the access and usage of the Salespod system. Salespod Inc. will use all available technical and economically justifiable means to protect the user's business data from unauthorized access by other persons. In no event shall Salespod Inc. be responsible for legal or illegal breaches of a user's personal data and their disclosure to a third person (by way of a court decision, by breaking into the system, etc.)

Salespod Inc. will make sure that all internal associates are familiar with the proceedings and regulations for the security of data. In order to provide necessary security of data, the user will be entirely responsible for maintaining the confidentiality of his user names and passwords, and he willl, by no means, forward them to other legal and private persons. In case a password is lost or stolen, the user agrees to notify Salespod Inc. immediately, who, in that case only, will issue a new password and check for any intrusions.

Users failing to comply with the guidelines concerning passwords safety shall be liable for any possible damage resulting from the destruction or unwanted disclosure of their business data.

Final regulations

Salespod Inc. reserves the right to alter general conditions of their business conduct and tariffs without any previous consent from its users. In case the user does not agree with any of these changes, he may cancel the agreement at any time.

The contractual parties accept to solve all disputes, which could arise from their relationship, by mutual agreement. If an agreement is not possible, they shall refer to Court in San Francisco, California for resolving the dispute. Legal regulations of California apply for any legal relationships arising from these conditions.

 

Sutton, Massachusetts,

March  12th, 2013.