CONDITIONS OF USE AND CONTRACTING

Last updated: August 20, 2020

1-GENERAL INFORMATION: These conditions of use (the “Conditions of Use”) regulate the access and use of the website hosted under the domain name www.PeraCRM.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 Terms of Use establish, together with the Privacy Policy and Cookies Policy, regarding the management of personal data of the Users, the terms and conditions by which the Website is governed (the “Terms and Conditions”):

Arie Digital Solutions LLC, a company domiciled at 30 N Gould St Ste R, Sheridan, WY 82801 (the “PeraCRM”), is the owner of this Web Site through which the online customer relationship management software for companies can be contracted. Therefore, it is responsible for processing the personal information that the User provides in the context of providing the services. The contact email is: info@PeraCRM.com

1.ACCEPTANCE: The 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 reads them carefully in case of use of the services offered by PeraCRM. Therefore, by accepting these Terms of Use, the User acknowledges that he/she is a person with sufficient capacity to acquire the obligations arising from his/her actions and that he/she has read, understands and accepts their content.

In the event that a person under 18 years of age registers as a User, PeraCRM will take the necessary measures to that effect and will proceed to the elimination or blocking of the User’s account and the suspension of the Services.

 

1.CONDITIONS OF REGISTRATION: Users who wish to make use of the Services offered on the Website must register on the Website using the form created for this purpose, for which they must follow the instructions indicated on the form and provide the required data (the “Registration Form”). Once the Registration Form has been completed, the User (hereinafter the “Registered User”) will receive an e-mail at the address he/she has indicated in the Registration Form, confirming the registration and informing him/her of the use he/she can make of the tool. The Registered User will be solely responsible for selecting a password with an appropriate level of security. To this end, it is recommended that the Registered User does not choose as a password obvious combinations that allow easy deciphering by a third party. The Registered User will be responsible for the custody and secrecy of his password, and must not provide it to any third party. In the event that he suspects that his password has been known by a third party, he must proceed immediately to modify it.

If you have any doubts regarding your registration or cancellation as a User, please contact us at the following e-mail address: info@PeraCRM.com

 

1.SERVICES

1.PeraCRM service: PeraCRM offers its registered users a platform through which they can contract the software for online customer management (customer relationship management) for companies (the “Services”). Through the PeraCRM Tool the Registered User will be able to:- Personalize the PeraCRM Tool to adapt it to your business;

– Manage the information of your clients in a single application, being able to add in the file that you have created for each one of your clients, conversations, emails, calls, tasks and the negotiations in process;

– Give access to other users, who are part of your team and organize them into groups. In this case the Registered User, owner of an active user account, will be able to name administrators who will be able to remove notes from other users as well as modify the configuration of the account. Also, the Registered User owner of the account will be able to give permission to other users so that they can download or export, the complete data of the contacts of the agenda, as well as negotiations and cases to which it has permission to accede;

– Create and manage negotiations as well as monitor their status, that is, keep track of the business activity of the Registered User’s company;

– Create contacts. In addition, this functionality allows the Registered User to import and export contacts as well as customize their data;

– Send e-mails;

– Segment, qualify, order and identify opportunities among customers; and

– Perform and monitor email marketing campaigns.

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

3.Payment and Cancellation Policy of the Services The Registered User must add his bank details (MercadoPago or PayPal) to his user account once it has been activated, so every month PeraCRM will make a charge for the amount equivalent to one month or one year of the contracted service. Registered Users will be notified of the charges made by email. Registered Users may cancel their user account at any time by sending an email to info@PeraCRM.com.El. Registered Users should bear in mind that once they cancel their user account they will be responsible for exporting all the information contained in the PeraCRM Tool, as from the moment they cancel their user account all the data (users, emails, passwords, payment details, contact book, negotiations, etc.) may be deleted.

Once the Services have been cancelled, the Registered User will not be able to access his/her data or any type of information contained in the PeraCRM Tool.

 

1.Accounts in a state of non-payment: In the event that the Client incurs in non-payment of the services, and therefore cannot access them, PeraCRM will follow the following process of processing the data that the client has stored in his PeraCRM account:- At the moment that the account enters a state of “non-payment”, the users of the account can only access the page to put or edit their method of payment in PeraCRM, without access to the rest of their PeraCRM account.

– On the 15th day of the “unpaid” status, the account goes into “suspended” status, where the users of the account cannot access anything in their account. In the case that the user wants to access the account, you must contact PeraCRM through the contact form on the home page of PeraCRM (https://www.PeraCRM.com/#contactanos) or through email info@PeraCRM.com so that the team of PeraCRM can rehabilitate the account so that the user can access to put or edit your method of payment.

– On the 27th day of the account being in a state of “unpaid”, the account goes to the state of “closed”. In any case, PeraCRM will contact through the email provided by the Client, informing of the process and its consequences.

2.Accounts in cancelled status: In the event that Client cancels his/her account, PeraCRM will follow the following process of processing the data that Client has stored in his/her PeraCRM account:- At the time Client cancels his/her account, he/she will continue to have access to his/her PeraCRM account for the time remaining unused but paid.

– The moment the account enters a “cancelled” status, meaning that it has consumed all the time already paid for, the users of the account cannot access anything in their account. In the event that the user wants to access the account, he must contact PeraCRM through the contact form on the home page of PeraCRM (https://www.PeraCRM.com/#contactanos) or through the email info@PeraCRM.com so that the PeraCRM team can restore the account so that the user can access to put or edit his method of payment. In any case, PeraCRM will contact through the email provided by the client, informing of the process and its consequences.

2.LICENSE TO USE THE TOOL PERACRM: By means of these Conditions of Use we grant the User a non-exclusive, non-transferable license for a worldwide geographical area and for the period of time in which the Registered User does not cancel his or her registration with PeraCRM, to use the PeraCRM Tool on a device of his or her property. Under no circumstances may the User rent, lease, lend, sell, distribute or sublicense the PeraCRM Tool to third parties, unless expressly indicated otherwise, any use of the PeraCRM Tool for a purpose other than that stated above requires the prior authorization of PeraCRM. In particular, but without limitation, the Registered User will require authorization for The User is not authorized to decompile, disassemble, reverse engineer, decrypt or otherwise modify the PeraCRM Tool and/or its source code. Notwithstanding the above, the User is authorized to observe, study, verify its operation, without prior authorization of PeraCRM Tool, when such acts are necessary for the use of PeraCRM Tool. The use of the PeraCRM Tool does not require any backup copy, so the User will refrain from making the same.

 

3.RETURN POLICY:  Once you cancel your account, you will not be charged for anything else. The system will be available to you until the end of your billing cycle. That is, if your billing period (usage cycle) is the 5th of each month and you cancel on the 12th, you will have to pay for that month, that is, from the 6th to the 5th of the following month, but you will always be able to use the system until the 5th of the following month. Therefore, PeraCRM reserves the right to return all or part of the payments made to the clients. For the equal treatment of all our customers, there will be no exceptions in this Return Policy.

4.PRIVACY AND CUSTOMER DATA. By virtue of the provisions of the applicable data protection regulations, all personal data provided by Users through the corresponding forms during the use of the Website will be treated by the Company in accordance with the provisions of the Website’s Privacy Policy, hosted at http://peraCRM.co/politica-de-privacidad/PeraCRM. The Company will ensure that personal data is collected, stored and processed by Users only to the extent necessary for the execution of the contract and as permitted by law or as ordered by the legislator. PeraCRM shall treat personal data confidentially and in accordance with applicable data protection regulations and shall not disclose it to third parties, unless this is necessary for the performance of contractual obligations and/or there is a legal obligation to pass it on 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 PeraCRM to process personal data on behalf of the User. This requires the formalization 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 Processing Manager for any information uploaded to PeraCRM’s customer management tool and that he can modify or delete this information as necessary. PeraCRM is at all times the Data Processing Manager and processes the data on behalf of the Controller, i.e. the User.

 

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

 

You can consult our Website Privacy Policy, hosted at http://peraCRM.co/politica-de-privacidad/

 

1.INTELLECTUAL AND INDUSTRIAL PROPERTY All the information contained in the PeraCRM Tool and in the Website, including its graphic design and source code, are protected by copyright and other rights included in the Intellectual Property Law, and the rest of the rules that regulate Intellectual Property. These rights belong exclusively to PeraCRM or its licensors. Therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of cession, of all or part of the content of the PeraCRM tool and the website and in general any act of exploitation of all or part of the content (images, texts, design, indexes, forms, etc.) as well as the databases and software necessary for the visualization or functioning of the same and any object which according to current legislation is protectable by intellectual property regulations, is expressly prohibited. Users may not under any circumstances exploit or make commercial use, directly or indirectly, in whole or in part, of any of the contents, with the exception of the photographic contents provided by them, which make up the Website and the PeraCRM Tool without the prior written authorization of the owner.

The contents provided by the Users will continue to belong to them.

 

Authorization for the use of any content of the Website can be requested at the e-mail address info@PeraCRM.com. The provisions of the preceding paragraphs shall not in any way imply the assumption of responsibility by PeraCRM for the content, nor shall it give rise to any right to compensation for Users or third parties.

 

The brands, commercial names, signs of establishments, denominations, logos, slogans or any other type of distinctive sign shown on the Website and belonging to PeraCRM, and more specifically the word “PeraCRM”, may not be used without prior written authorization from PeraCRM.

 

PeraCRM expressly reserves the right to bring any civil or criminal actions under United States and foreign law for infringement of the peaceful possession and/or unauthorized ownership of industrial and intellectual property rights.

1.TECHNOLOGICAL LIMITATIONS: We inform the User that, as a consequence of the realization of maintenance works, in certain cases there can be temporary interruptions in the Web Site and in the PeraCRM Tool. We also inform the User that, in addition to those indicated above, there is a great variety of factors that can affect the PeraCRM Tool and Web Site and/or its quality, such as, but not limited to: environmental conditions, network saturation, connectivity, third party software, etc. Through the following email address you can contact us to report any errors you detect, as well as comments and suggestions: info@PeraCRM.com

2.PROHIBITED USES The User may only use the Website and the PeraCRM Tool for professional purposes and with the scope established in these Conditions of Use. The User will refrain from using the Website to carry out any illegal activity. In particular, but without limitation, the User shall refrain from using the Website (including its Blog) and the PeraCRM Tool for: – Harass or disturb third parties and/or infringe 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;

– Damage the reputation, image and honor of other Users or third parties; and

– Transmit unsolicited or unauthorized advertising,

– Performing fraudulent acts.

– Do not introduce or spread in the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider or third party users.

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

 

In the event that a User becomes aware that a third party is carrying out any of the above-mentioned conducts, we ask that the User notify us at the following email address info@PeraCRM.com, so that we can take the appropriate measures.

 

However, in the event of any conduct that goes against morality and public order, PeraCRM will proceed to block or delete the User profile, without prejudice to any legal action that may be taken against those responsible for such conduct.

 

1.LIABILITY: Except in the case of willful misconduct or gross negligence by PeraCRM, we shall not be liable to the User for any damages arising from the incorrect use of the Website and the Services, or from failure to comply with the recommendations or instructions provided by PeraCRM.

2.EXEMPTION OF RESPONSIBILITY: PeraCRM is exonerated from all responsibility relating to:- The operation of the Website and the PeraCRM tool, including causes of force majeure, or any others beyond the control of PeraCRM, which is not fully operational, or eventually lacks the minimum functionality to manage the relevant service The possible errors or deficiencies in security that may occur due to the use, by the Users, of a browser of a non-updated or insecure version, as well as the activation of the devices for the conservation of passwords or identification codes of the User in the browser or the damage, errors or inaccuracies that may arise from the malfunctioning of the same.

– For the direct or indirect damages that could be caused by the information that is transmitted or communicated in the PeraCRM 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 PeraCRM Tool, since it cannot give guarantees or security, in an express or tacit, implicit or explicit way, with respect to the accuracy, veracity or integrity of the information offered or referenced in the same. PeraCRM is not responsible for the consequences derived from the actions or claims that third parties carry out by referring to or invoking, either directly or indirectly, the information included in the Services. In any case, PeraCRM applies the greatest 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 line or system failure.

 

The User shall be liable for damages of any kind for unlawful or fraudulent acts as well as those damages that PeraCRM or its Users may suffer as a direct or indirect consequence of the User’s failure to comply with these Conditions of Use. PeraCRM reserves the right to take any action it deems appropriate before the relevant judicial or police authorities.

 

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

 

1.LINKS TO THIRD PARTIES: PeraCRM does not assume any liability whatsoever in relation to the links which, through the Website, allow the User to access features and services offered by third parties, provided that they are not related to the Website. Therefore, PeraCRM is not responsible for the information contained in these links or for any effect which may derive from this information. If any User or third party observes that such links may be contrary to the law, morality or public order, they must inform PeraCRM by e-mail: info@PeraCRM.com

2.CLOSURE OF USER ACCOUNT AND SUSPENSION OF SERVICE: PeraCRM reserves the right to refuse access to and the right to terminate the Website and the Services. Any User who does not comply with the rules described above may be excluded from the Website. Likewise, PeraCRM may 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. PeraCRM guarantees to always act in accordance with the applicable regulations.

3.COOKIES POLICY Cookies are small data files that are stored in the terminal of the User visiting the Website and which contain certain information about the visit to the same. The Web site uses cookies in order to facilitate navigation of the user and in no case is it possible to associate such cookies with specific personal data of the user or identify him through them. Notwithstanding the above, the User has the possibility, existing in most web browsers, of deactivating the cookies. We therefore inform the User that, provided he gives his consent to that effect, we use our own and third party cookies to improve his experience and our services, analyzing his navigation through the Website. You can obtain more information in our Cookie Policy. For more information, please review our Cookie Policy on our website: http://peraCRM.co/politica-de-cookies/

4.MODIFICATIONS: We will notify the User of changes in the Conditions of Use of the Website before they occur. If the User does not agree with the changes, he/she must stop using the Website as well as the services offered through it. The use of the Website after the notification of the changes will imply the acceptance of the same by the User.

5.CONTACT AND WRITTEN COMMUNICATIONS: The applicable regulations require that part of the information or communications that PeraCRM sends to the User must be in writing. By accepting these Conditions of Use, the User agrees that most communications with PeraCRM will be electronic. PeraCRM 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 PeraCRM sends to him or her electronically comply with legal requirements to be in writing. For any questions or concerns, complaints or claims related to the Services, the User may contact PeraCRM by sending an email to the following address info@PeraCRM.com

6.APPLICABLE LEGISLATION: These Terms of Use have been prepared in accordance with U.S. law

7.JURISDICTION AND APPLICABLE LAW: The operation and use of the Website and these Terms of Use are governed by the laws of the United States. To the extent permitted by law, PeraCRM and the User, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals having jurisdiction.

 

https://www.peracrm.com/politica-de-cookies/

 

Last updated: January 13, 2020

This Cookie Policy is part of the Privacy Policy for the website hosted under the domain name www.PeraCRM.com (the “Website”) and any of its dependent sub-domains or web pages.

 

As indicated in the Privacy Policy, provided that Users give their consent, information will be collected about their visits and use of our services in order to guarantee access to certain functionalities, facilitate their use and navigation through the Website, as well as, where appropriate, to produce statistics on the use and effectiveness of the services by studying the browsing habits of Users.

 

1.What is a cookie? A cookie is a small information file that is downloaded to the User’s terminal (whether it is a computer, Smartphone or tablet) when the User accesses a web page and that allows the owner of that page to store or retrieve certain information. Cookies are usually used to measure the use of websites such as number of visitors and duration of visit and its effectiveness, as well as to facilitate navigation or use and as such, are not associated with any personal information. However, they are also used to personalize a known visitor’s experience on a website by being associated with their profile information or user preferences. By providing information about Users’ browsing habits may affect their privacy, for this reason, we provide Users with the necessary information about the cookies used by the Website so that Users have the relevant information when deciding whether to consent to their use.

2.Why do we use cookies? We use cookies to obtain more information about the way in which Users use our content and help us to improve their experience when they visit our Website. When Users access the Website, we provide them with information about the use of this technology and ask them to expressly consent to it. To this end, the Company informs that certain cookies may be necessary for the operation of the Website and, if the User refuses his or her consent to their activation, access to the Website may be prevented. At any time, the User may withdraw his/her consent to the use of this technology by means of the functions of his/her browser, deactivating the cookies or blocking the possibility of their being downloaded to his/her computer or device. See the section “How to disable cookies” in this document for more information.

3.Types of Cookies. The following types of cookies are used on the Website: Depending on the entity that manages them:

– Own: Those that are sent to the user’s terminal equipment from a computer or domain managed by the publisher itself and from which the service requested by the user is provided.

– Third-party: Those that are sent to the user’s terminal equipment from a computer or domain that is not managed by the publisher itself, but by another entity that handles the data obtained from the cookies. According to the time period they remain active:

– Session cookies: These are a type of cookie designed to collect and store data while the user accesses a website. They expire once the user leaves the Website.

– Persistent Cookies: They are a type of cookie in which the data remains stored in the terminal and can be accessed and processed during a period of time defined by the person responsible for the cookie, which can vary from a few minutes to a few years. According to its purpose:

– Technical Cookies: They allow the user to navigate through the Website and use its different options or services.

– Analysis Cookies: They allow to quantify the number of users and the time of connection of the same ones and this way to realize the measurement and statistical analysis of the utilization that they do of the offered services in order to improve the offer that is offered to the Users.

4.How to disable cookies? At any time, the User can prevent the installation of cookies on their computer by means of the corresponding option in their browser (help function), but in this case we will not be able to ensure the correct functioning of the different functionalities of our Website. Here you have the links to manage and block cookies depending on the browser you use:- Internet Explorer: http://windows.microsoft.com/es-xl/internet-explorer/delete-manage-cookies#ie=ie-10.

– FireFox: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we.

– Chrome: https://support.google.com/chrome/answer/95647?hl=es.

– Safari: www.apple.com/es/privacy/use-of-cookies/.

5.Modifications to the Cookie Policy. It is possible that we update the policy of cookies of the Web site due to requirements of the applicable regulations at every moment, technical reasons, changes in the services offered by the PeraCRM. Therefore, we recommend that you review this policy each time you access our website in order to be properly informed about how and why we use cookies and other technologies.