1. GENERAL INFORMATION


      These conditions of use (the “Terms of Use”) regulate access to and use of the website hosted under the domain name CMMShere.com (the “Website”) as well as the contents and services that the owner of the Website makes available to its users (the “Users”).


      Likewise, these Conditions of Use establish, together with the Privacy Policy and Cookies Policy, related to the management of personal data of Users, the terms and conditions by which the Website is governed (the “Terms and Conditions “).

    2. ACCEPTANCE


      Access to the Website or its use by the User necessarily implies, and without reservation, the knowledge and acceptance of these Terms and Conditions, therefore, it is recommended that the User read them carefully in case of use of the services offered by CMMShere .


      You actively agree that you have read and understood the Website Terms and Conditions by accepting them.


      Access to and use of the Website is prohibited for Users under eighteen (18) years of age. Therefore, by accepting these Conditions of Use, the User acknowledges that they are a person with sufficient capacity to acquire the obligations derived from their actions and that they have read, understand and accept their content.

    3. REGISTRATION CONDITIONS


    Users who wish to make use of the Services offered on the Website must register on it through the form created for this purpose, for which they will have to follow the instructions indicated therein and provide the required data (the “Registration Form “).


    Once the Registration Form has been completed, the User (hereinafter the “Registered User”) will receive an email to the address indicated in the Registration Form, confirming the registration.


    The Registered User will be solely responsible for selecting a password with an adequate level of security. For this purpose, the Registered User is recommended not to choose obvious combinations as passwords that allow easy decryption by a third party. The Registered User will be responsible for safeguarding and keeping secret in relation to his password, not having to provide it to any third party. In the event that you suspect that your password has been known by a third party, he must proceed immediately to modify it.


    For any questions regarding your registration and cancellation as a User, you can contact us through the following email address: admin@CMMShere.com.

     

         4. SERVICES


    1. CMMShere service


    CMMShere makes available to its Registered Users a platform through which they can contract online customer management software (customer relationship management) for companies (the “Services”).


    The Registered User will be able to have a complete vision of the activity of his company through the use of the functionalities offered by the CMMShere client management tool (the “CMMShere Tool”). Through the CMMShere Tool, the Registered User will be able to:


    – Customize the CMMShere Tool to adapt it to your business;
    – Manage the information of your clients in a single application, being able to add conversations, calls, tasks and the negotiations in process to the file that you have created for each of your clients;
    – Give access to other users, who are part of your work team. In this case, the Registered User, owner of an active user account, may appoint administrators who may delete notes from other users as well as modify the account settings. Likewise, the Registered User account holder may give permission to other users so that they can download or export the trades to which they have permission to access;
    – Create and manage negotiations as well as monitor their status, that is, keep track of the commercial activity of the Registered User’s company;
    – Control the commercial activity of your business, by monitoring the volume of business and its evolution;
    – Create contacts, as well as personalize their data;
    – Segment, qualify, order and identify opportunities among clients;
    – Add events to your Google or Microsoft calendar (Feature available based on the type of plan you contract at CMMShere);
    – Add notes to your Microsoft OneNote account from your CMMShere account (Available feature based on the type of plan you contract at CMMShere);
    – Manage, schedule, edit and delete Zoom meetings, as well as invite people to your Zoom meetings (Feature available based on the type of plan you hire in CMMShere);

    2. Test Services


    CMMShere offers all its Users a totally free test environment where the User will have the necessary data to integrate and use the CMMShere Tool in test mode. To access this service, the User will only have to register through the Registration Form enabled for this purpose (the “Testing Service”).


    The Testing Service will last for one (1) calendar month. Notwithstanding the foregoing, during this period the Registered User may assess whether the functionalities offered by the CMMShere Tool meet his needs in order to contract it in the future. The User will receive educational communications by email in order to explain the functionalities of the tool.


    This service is only intended to show Registered Users the Services and functionalities of the CMMShere Tool, which allows the User to know the integrity and quality of the CMMShere Tool prior to contracting it.


    Once the Trial Service is finished, the Registered User, to continue enjoying the Services, must contract one of the payment plans: Basic Plan, PRO Plan, Business Plan (the “Payment Plans”), whose characteristics can be consulted at the website.


    Additionally, the User may take a personalized online tour, prior to contracting the Services, in which the functionalities of the CMMShere Tool will be explained in detail and how to use them to get the most out of your business.

    3. Hiring of Services

    The User, prior to contracting the Services, may consult the rate policy in which the characteristics and functionalities of the same will be detailed.

    4. Payment and Cancellation Policy for Services

    The Registered User must have an active PayPal account at the time the account has been activated, therefore, every month CMMShere will make a charge for the amount equivalent to one month of the contracted service. The Registered User will be notified of the charges made both by email and by the Registered User interface itself.


    Registered Users may cancel their user account at any time through the tool enabled in the user profile.


    The Registered User must take into account that once they cancel their user account, they will be responsible for exporting all the information contained in the CMMShere Tool, since from the moment the User is canceled all the data (usernames, passwords, payment data, contact list, negotiations, etc.) may be deleted.


    Once the Services are canceled, the Registered User will not be able to access their data or any type of information contained in the CMMShere Tool.

        1. Accounts in non-payment status


          In case the Customer incurs in non-payment of the services, and therefore the services cannot be accessed. CMMShere will follow the following process of treatment of the data that the customer has stored in his CMMShere account:


          – At the moment the account goes into “unpaid” status, the users of the account can only access the page to put or edit their payment method on CMMShere, without access to the rest of their CMMShere account.

          – On the 15th day of the account being in “unpaid” status, the account goes to “inactive” status, in which the users of the account cannot access anything of their account. In case the user wants to access to the account, he must contact CMMShere through the contact form on the CMMShere homepage or through the email admin@CMMShere.com so that the CMMShere team can rehabilitate the account so that the user can access to specify or edit his payment method.

          – On the 27th day if the account is in “unpaid” status, the account goes to “closed” status.


          In any case, CMMShere will contact the Customer via the email address provided by the Customer, informing him of the process and its consequences.

        2. Accounts in cancelled status


          In case the Customer cancels his account, CMMShere will follow the following process of treatment of the data that the Customer has stored in his CMMShere account:


          – At the moment the Customer cancels his account, he will continue to have access to his CMMShere account for the remaining unconsumed but paid time.

          – At the moment when the account enters in “cancelled” status, that is to say that it has consumed all the period already paid, the users of the account cannot access to anything of their account. In case the user wants to access to the account, he must contact CMMShere through the contact form on the CMMShere homepage or through the email admin@CMMShere.com so that the CMMShere team can rehabilitate the account so that the user can access to set or edit his payment method.


          In any case, CMMShere will contact through the email provided by the Customer, informing him about the process and its consequences.



    5. LICENSE OF USE OF CMMShere TOOL


    We hereby grant to the User a non-exclusive, non-transferable license for a worldwide geographic scope and for the duration of the period of time that the Registered User does not unsubscribe from CMMShere, to use the CMMShere Tool on a device owned by the User. In no event shall the User rent, lease, loan, sell, distribute or sublicense the CMMShere Tool to any third party.


    Unless expressly stated otherwise, any use of the CMMShere Tool for a purpose other than that set forth above shall require prior authorization from CMMShere. In particular, but without limitation, the Registered User shall require authorization to: (i) Reproduce or transform the CMMShere Tool for the purpose of correcting errors; and (ii) make successive versions of the CMMShere Tool or programs derived therefrom.


    The User is not authorized to decompile, disassemble, reverse engineer, decrypt or otherwise modify the CMMShere Tool and/or its source code. Notwithstanding the foregoing, the User shall be entitled to observe, study, verify its operation, without prior authorization from CMMShere Tool, when such acts are necessary for the use of the CMMShere Tool. The use of the CMMShere Tool does not require the making of any backup copy, and the User shall refrain from doing so.



    6. RETURN POLICY


    We offer a one (1) month free trial on all paid plans. During the trial period you can cancel your account without being charged anything.


    Once you cancel your account, you will not be charged again. The system will be available to you until the end date of your billing cycle. That is, if your billing period (usage cycle) is the 18th of each month and you cancel on the 24th, you will have to pay for that month, i.e. from the 19th to the 18th of the following month, but you will always be able to use the system until the 18th of the following month.


    All the accounts that are in their trial period and that have the payment data entered, are sent 2 days before the payment, an informative email in which it is specified that they will be charged in a “couple” of days, since their free trial ends. In the same email, the customer is able to cancel the account with a simple click.


    Therefore, CMMShere reserves the right to refund all or part of the charges made to the customers.


    For the equal treatment of all our customers, there will be no exceptions in this Refund Policy.

     

    7. PRIVACY AND CUSTOMER DATA


    CMMShere will ensure that personal data is collected, stored and processed by Users only to the extent necessary for the performance of the contract and permitted by law or as ordered by the legislator. CMMShere will treat personal data confidentially and in accordance with applicable data protection regulations and will not disclose it to third parties, unless this is necessary for the fulfillment of contractual obligations and/or there is a legal obligation to transmit it to third parties.


    In order to ensure auditable data processing, the creation, modification and deletion of data is recorded with information on the user’s name and the date of processing.


    The use of the Service may require CMMShere to process personal data on behalf of the User. This requires the execution of a personal data processing agreement which is included in our Privacy Policy. The parties agree that the User who has contracted the Services is the Data Controller for any information uploaded to CMMShere’s customer management tool and may modify or delete this information as necessary. CMMShere is at all times the Data Processor and processes the data on behalf of the Data Controller, that is the User.


    The User confirms that he is authorized to instruct CMMShere to process such information and that all instructions given will be lawful.

     

    8. INTELLECTUAL AND INDUSTRIAL PROPERTY


    All the information contained in the CMMShere Tool and in the Web Site, including its graphic design and source code, are protected by copyright, other rights and the rest of the rules that regulate the Intellectual Property.


    These rights belong exclusively to CMMShere or its licensors, therefore, it is expressly prohibited any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the CMMShere Tool and the Website and in general any act of exploitation of all or part of the contents (images, texts, design, indexes, forms, etc.) as well as of the databases and the software necessary for the visualization or operation of the same and of any object that according to the current legislation is protectable by the rules of intellectual property.


    Users may not in any case exploit or use commercially, directly or indirectly, in whole or in part, any of the contents, with the exception of the photographic contents provided by them, that make up the Website and the CMMShere Tool without the prior written authorization of their owner.


    The contents provided by the Users shall remain their property.


    The authorization for the use of any content of the Web Site can be requested to the e-mail address admin@CMMShere.com. The established in the previous paragraphs will not suppose in any case the assumption of responsibility on the part of CMMShere on the content, nor will it be able to generate right to indemnification for Users or third parties.


    You may not use the trademarks, trade names, business signs, names, logos, slogans or any distinctive sign displayed on the Website and belonging to CMMShere, and specifically, the word “CMMShere” or “Software4Tech” without prior written permission from CMMShere.


    CMMShere expressly reserves all civil and criminal actions under U.S. and foreign law that may be applicable to it as a result of infringement of peaceful possession and/or unauthorized ownership of industrial and intellectual property rights.

     

    9. TECHNOLOGICAL LIMITATIONS


    We inform the User that, as a result of maintenance work, in certain cases there may be temporary interruptions to the Website and the CMMShere Tool.


    We also inform the User that, in addition to those mentioned above, there is a wide variety of factors that may affect the CMMShere Tool and Website and/or their quality, such as, but not limited to: environmental conditions, network saturation, connectivity, third-party software, etc.


    You can contact us at the following e-mail address to send us any errors you detect, as well as comments and suggestions: admin@CMMShere.com.

     

    10. PROHIBITED USES


    The User may only use the Website and the CMMShere Tool for professional purposes and within the scope set out in these Terms of Use.


    The User shall refrain from using the Site for any unlawful activity. In particular, but without limitation, the User shall refrain from using the Website (including its Blog) and the CMMShere Tool to:


    – Harass or disturb third parties and/or violate their privacy and intimacy;
    – Impersonate other Users or third parties;
    – Include information, comments, images or content that may be considered defamatory, racist, sexist, discriminatory, pornographic, violent, or in any way contrary to public order or clearly illegal;
    – Undermine the reputation, image and honor of other Users or third parties; and
    – Transmit unsolicited or unauthorized advertising,
    – Perform fraudulent acts.
    – Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider or third party users.


    The User will not carry out any activity that may cause damage or harm to any third party as well as to CMMShere and its operation and / or development.


    In the event that a User becomes aware that a third party carries out any of the behaviors mentioned above, we ask him/her to notify us through the following e-mail address admin@CMMShere.com, so that we can take the appropriate measures.


    Notwithstanding the foregoing

    However, in case of any conduct that goes against morality and public order, CMMShere will proceed to block or delete the User profile, without prejudice to any legal action that may correspond against those responsible for them.

     

    11. RESPONSIBILITY


    Except in case of willful misconduct or gross negligence by CMMShere, we will not be liable towards the User for damages resulting from an incorrect use of the Website as well as the Services, or by failing to comply with the recommendations or instructions provided by CMMShere.

     

    12. EXONERATION OF RESPONSIBILITY


    CMMShere disclaims any responsibility concerning:


    – The functioning of the Website and the CMMShere Tool, including causes of force majeure, or any others beyond CMMShere’s control, which is not fully operational, or eventually lacks the minimum functionality to manage the relevant service.


    – The possible errors or security deficiencies that could be produced by the use, by the Users, of a browser of an outdated or insecure version, as well as by the activation of the devices of conservation of passwords or codes of identification of the User in the browser or of the damages, errors or inaccuracies that could derive from the malfunctioning of the same.


    – For direct or indirect damages that may be caused by the information transmitted or communicated in the CMMShere Tool or in its electronic communications, including but not limited to technical or human errors in the published data.


    – The contents of the Services and especially of the CMMShere Tool, as it cannot give any guarantee or assurance, expressly or tacitly, implicitly or explicitly, concerning the accuracy, truthfulness or completeness of the information offered or referenced therein. CMMShere is not responsible for the consequences resulting from actions or claims that third parties execute by referring or invoking, either directly or indirectly, the information included in the Services. In any case, CMMShere applies its best efforts, both technical and human, to keep the Website and its Services updated, complete and accurate.


    – Damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses arising in connection with this Service or its use or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure.


    The User will be liable for damages of any nature for illicit or fraudulent acts as well as those damages that CMMShere or its Users could suffer as a consequence, directly or indirectly, of the breach by the User of the present Conditions of Use, reserving CMMShere those actions to which it has the right before the pertinent judicial or police authorities.


    Although CMMShere uses its best efforts, CMMShere cannot guarantee to the Users the continuous and uninterrupted access and use of the Website and the Services offered.

     

    13. LINKS TO THIRD PARTIES


    CMMShere does not assume any responsibility derived from the links that make possible, through the Web Site, the access to the User to benefits and services offered by third parties, as long as they are external to the Web Site. Therefore, CMMShere is not responsible neither for the information contained in them nor for any effects that could derive from this information.


    If any User or third party observes that such links could be contrary to the laws, the morality or the public order, he/she should inform CMMShere by e-mail: admin@CMMShere.com

     

    14. CLOSURE OF THE USER ACCOUNT AND SUSPENSION OF THE SERVICE


    CMMShere reserves the right of admission and exclusion from the Website and the Services. Any User who does not comply with the rules described above can be excluded from the Website.


    CMMShere can also withdraw or suspend at any time and without prior notice the provision of the Services to those Users who do not comply with the Terms and Conditions.


    CMMShere guarantees to act always in accordance with the applicable regulations.

     

    15. COOKIE POLICY


    Cookies are small data files that are stored in the terminal of the User visiting the Website and that contain certain information about the visit to the Website. The Web Site uses cookies in order to facilitate the User’s navigation and without it being possible in any case to associate such cookies to the User’s specific personal data or to identify the User through them.


    Notwithstanding the foregoing, the User has the possibility, existing in most web browsers, to disable cookies. We therefore inform the User that, provided that he/she consents to this effect, we use our own and third-party cookies to improve his/her experience and our services, analyzing his/her browsing through the Website. You can obtain more information in our Cookies Policy.

    16. MODIFICATIONS


    We will notify the User of changes to the Terms of Use of the Web Site prior to their occurrence. If the User does not agree with the changes, he/she must stop using the Website and the services offered through it.


    The use of the Web Site after the notification of the changes will imply the acceptance of the same by the User.

     

    17. CONTACT AND WRITTEN COMMUNICATIONS


    The applicable regulations require that part of the information or communications that CMMShere sends to the User be in writing. By accepting the present Terms of Use, the User agrees that most of the communications with CMMShere will be electronic. CMMShere will contact the User by e-mail or by posting notices on the Website. The User consents to use this electronic means of communication and acknowledges that all notices, information and other communications that CMMShere sends to the User electronically comply with the legal requirements of being in writing.


    For any inquiry or incident, complaint or claim, related to the Services, the User may contact CMMShere by sending an email to the following address admin@CMMShere.com.

     

    18. JURISDICTION AND APPLICABLE LAW


    The operation and use of the Website as well as these Terms of Use are governed by U.S. law. To the extent permitted by law, CMMShere and the User, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the competent Courts and Tribunals.