CiviMobile Terms of use set out below (hereinafter the “Terms” or “Agreement”) are a legal agreement between you as CiviMobile user (or the entity you represent) (hereinafter “you”, “your”) and CIVIMOBILE SOLUTIONS, LLC, a limited liability company incorporated under the laws of Ukraine, registry number 43648172, with registered office at 5b Vygovskogo str., apt. 119, Lviv, Lviv region, Ukraine, 79022 (hereinafter “we”, “us”, “our”) that governs your use of CiviMobile mobile application (hereinafter “CiviMobile”).
- DEFINITIONS
1.1. CiviMobile – is a native mobile application that allows CiviCRM users to connect to the CiviCRM and presents CiviCRM data in a convenient and mobile-friendly way.
1.2. CiviCRM – is a web-based open-source software for relationship management built by a community of contributors and supporters, and coordinated by the Core Team (for more details please follow the link https://civicrm.org).
1.3. Anonymous user – a person using CiviMobile without having personal CiviCRM account.
1.4. CiviCRM account – part of CiviCRM database containing information related to you and access to which can be received only using particular CiviCRM credentials.
1.5. CiviCRM database – data entered into CiviCRM that is implemented into particular web-site.
1.6. CiviCRM credentials – login and password allowing you to enter your CiviCRM account.
1.7. CiviCRM site – web-site where CiviCRM is implemented.
1.8. Database owner – owner of the web-site where CiviCRM is implemented or any other person authorised by him/her, acting in CiviCRM as an administrator.
1.9. CiviMobile Public Area – functionality that allows an access as an Anonymous user to publicly available information and does not require logging in to CiviCRM account. Such publicly available information may include news, public events, petitions or other information configured by CiviCRM Database owner. If additionally enabled by Database owner, there might be an option to create CiviCRM account using CiviMobile Public Area.
1.10. Demo Site – web-site under the following link: https://demo.civimobile.org
2. ACCEPTANCE OF THE TERMS
2.1. By starting CiviMobile app, you indicate your acceptance of these Terms, agree to abide by the Terms and become a party to these Terms. Thus, we recommend that you read the Terms carefully before starting CiviMobile. You are deemed to be acquainted with the Terms from the moment of starting CiviMobile. Starting CiviMobile hereinafter means pressing the button “Connect” (or its corresponding translation) or QR-code scanning on the first screen.
2.2. You must be of legal age to enter into the given Agreement.
2.3. If you do not agree with the Terms, you shall not start CiviMobile or stop to use CiviMobile.
2.4. In case you represent any business entity – you represent and warrant that you have the authority to enter into this Agreement on behalf of such business entity.
3. MODIFICATION OF CIVIMOBILE TERMS OF USE
3.1. We reserve the right to change, amend, modify or replace (hereinafter – change) any part of these Terms at our own discretion at any time with or without notice.
3.2. The changed Terms will be available under the link https://civimobile.org/terms-of-use/. The changed Terms are valid from the moment of their posting under such link unless otherwise is specified in the Terms or corresponding changes to the Terms.
3.3. You are responsible for periodically checking the Terms and https://civimobile.org/terms-of-use/ for changes and you are deemed to be aware of such changes.
3.4. If you do not agree with the changed Terms – you shall immediately stop using CiviMobile. Use of CiviMobile after changes have become valid shall constitute your acknowledgment and acceptance of the changed Terms.
4. SERVICES
4.1. CiviMobile is not an independent CRM system. It does not provide or store any information on its own. CiviMobile is also not a version of CiviCRM. It does not replace or duplicate CiviCRM functionality on mobile devices. CiviMobile is a mobile app that allows you to connect to the CiviCRM and presents CiviCRM data in a convenient and mobile-friendly way. Please visit the website https://civimobile.org for more information about CiviMobile.
4.2. You can use CiviMobile in one of the following ways:
4.2.1. as an Authorised user – you shall log in to your CiviCRM account using your CiviCRM credentials. After logging in you will be able to fetch some limited type of information stored on CiviCRM database, change, enter or delete some information.
4.2.2. as an Anonymous user – you can connect to CiviCRM as an anonymous user without using any credentials and without logging in to any CiviCRM account in case a) CiviCRM is configured for anonymous use and b) CiviMobile Public Area is activated. In this case you will be connected to CiviMobile Public Area. For options available when entering CiviMobile Public Area please see p. 1.9. hereof.
4.2.3. as a Demo Site user – you can connect to Demo Site suggested by CiviMobile, and log in with suggested Demo Login and Password. You shall use Demo Site only for purpose of testing or getting acquainted with CiviMobile. Do not use Demo Site for other purposes. You shall not enter your personal data while using Demo Site.
4.3. You should use, share, update data you are accessing via CiviMobile in accordance with the all terms, policies and practices, Non-Disclosure and Data Protection agreements, national policies, and rights granted to you by the CiviCRM database owner. You claim full responsibility for the utilization (viewing, editing, erasure, etc) of data you are accessing via CiviMobile. You also assume responsibility for data misuse including its corruption, erasure, sharing with unauthorized recipients, or other changes that cause complete or partial data loss or unavailability to undo the changes you have made.
5. INTEGRATION OF THIRD-PARTY APPLICATIONS
5.1. No third-party applications are integrated with CiviMobile. But third-party applications may be integrated with CiviCRM. Considering that CiviMobile is a mobile app that allows you to connect to the CiviCRM database, please be aware that CiviMobile is not and cannot be liable for any actions or inactivity of CiviCRM and third-party applications concerning your data. You are responsible for reading and understanding their terms of use before using CiviMobile.
6. DATA MANAGEMENT
6.1. By using CiviMobile you receive access to CiviCRM database. However, we have no access to CiviCRM database. The data that is fetched from CiviCRM databases is not and cannot be viewed or stored, as well as it cannot be changed, amended, deleted, shared, etc. by us.
6.2. Some data, accessed by you via the CiviMobile app, may be retained in the cache memory of your personal mobile device, which permits the app to work offline and is required for operational speed. You can clear the mobile cache memory any time if/when you do not want to cache the data on your device anymore.
6.3. We attest that we do not have access to your CiviCRM credentials you use to access CiviCRM account, do not hold or share them with third parties. If a third party has obtained your CiviCRM credentials, it might be only due to your own careless practices or breach of security on your mobile device.
7. USER OBLIGATIONS
7.1. You shall comply with the following while using CiviMobile:
7.1.1. not to violate any laws or regulations;
7.1.2. not to infringe, violate, or misappropriate other people’s intellectual property or any other rights;
7.1.3. not to disassemble, reverse compile, or reverse engineer CiviMobile or any part of it, not to copy, assign, transfer, reproduce, license, rent, lease, sell, distribute, display, host, outsource otherwise, modify, make derivative works, enhancements, extensions or add-ons to CiviMobile source code, objective code, any other intellectual property or any of its parts;
7.1.4. use CiviMobile only for its intended purpose;
7.1.5. not to transmit any data that may or will violate any rights of any person, including information related to violence of any kind or any other illegal content;
7.1.6. not to use CiviMobile for spamming;
7.1.7. not to use CiviMobile for any other illegal activity (activities);
7.1.8. comply with any other CiviMobile Policies.
7.2. You shall comply with other obligations prescribed herein.
8. DATA OWNERSHIP
8.1. We do not receive ownership to any data and content created, used, transferred, etc. during using CiviMobile.
9. INTELLECTUAL PROPERTY
9.1. You expressly acknowledge that we are the owner of CiviMobile and of any intellectual property contained therein (software, source code, objective code, text, pictures, graphics, photos, music, etc., any other materials protected by copyright, trademark, patent, trade secret, design, and other intellectual property rights). We do not transfer, assign it to you or any other third party.
10. DISCLAIMER
10.1. CiviMobile, any services, information, materials, etc. are provided «as is» and «as available» for your use, without warranties of any kind, either expressed or implied, including any implied warranties regarding the operation and functionality of CiviMobile, optimal work of CiviMobile on various mobile devices, CiviMobile’s fitness for your particular purpose, merchantability, non-infringement, its uninterrupted, timely, secure or error-free performance, protection or safety of data accessed using CiviMobile or their correct usage. In addition, we do not warrant that defects will be corrected or that CiviMobile, any services, information, materials, etc. are free of viruses or other harmful components. We do not warrant that CiviMobile functions will be available, as well as we do not warrant or make any representations regarding the use of CiviMobile, any services, information, materials, etc., or the results of such use. We make no warranties that CiviMobile, any services, information, materials, etc. will not infringe the rights of others.
10.2. We do not and shall not verify the identity of any person logging in to CiviMobile. Therefore, we are not liable for any other person using your CiviCRM credentials.
11. LIMITATION OF LIABILITY
11.1. In no event shall we or our employees, contractors, agents, service providers, etc. be liable for direct or indirect, material, financial, moral, consequential, punitive or any other damages, including, but not limited to property damage, moral, economic damage, loss of profits, data, goodwill, any other losses, etc. caused by or related to your use or inability to use, or misuse of CiviMobile and/or CiviCRM, and/or third party application, and/or any other software, and/or services, and/or websites, and/or facilities, and/or applications, and/or information, and/or content etc, or unauthorized use of CiviMobile and/or anything of mentioned above by third parties, or authorized or unauthorized use of your CiviCRM credentials by third parties. Such limitation of liability concerns any and all liability, regardless whether based in contract, tort (including negligence) or otherwise. If applicable law does not allow such limitation of liability, it will apply to the extent permitted by applicable law. In no event shall our total liability to you for any and all damages and/or losses exceed the amount of fifty dollars.
12. INDEMNIFICATION
12.1. You will defend and indemnify us against any third-party claim against us arising from your use of CiviMobile.
13. TERM
13.1. This Agreement is effective until terminated by us, with or without cause, at our sole discretion.
14. MISCELLANEOUS
14.1. The governing law of the Terms shall be the law of the country where we are incorporated.
14.2. If any provision of the Terms is determined to be void or unenforceable, such provision will be more narrowly construed so that it becomes legal and enforceable, and the remainder of the provisions shall not be affected and shall remain valid and enforceable.
14.3. We shall not be liable for delay in fulfilment or failure to fulfil our obligations in case such delay or failure is due to an impediment beyond our control.
15. CONTACT INFORMATION
15.1. In case you have any comments or questions concerning the services – please forward them to info@civimobile.org.
