Terms of Service

InnoStar Digital CRM Terms of Service

Last updated: February 24, 2023

Thank you for choosing InnoStar Digital CRM. By using our services, you agree to be bound by the following terms and conditions (“Terms of Service”).

Acceptance of Terms

By using InnoStar Digital CRM, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services. We reserve the right to update or modify these Terms of Service at any time without prior notice. It is your responsibility to review these Terms of Service periodically for changes. Your continued use of our services after any modifications indicates your acceptance of the modified terms.

Description of Service

InnoStar Digital CRM is a customer relationship management software that allows users to manage and analyze customer interactions and data. Our service is provided on an as-is basis, and we do not guarantee that our service will be error-free, uninterrupted, or available at all times. We reserve the right to modify or discontinue our service at any time without prior notice.

User Accounts and Access

In order to use our services, you must create an account. You agree to provide accurate, complete, and up-to-date information during the account creation process. You are responsible for maintaining the security of your account credentials and for any activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

User Content and Conduct

You are solely responsible for any content that you upload, publish, display, or otherwise make available through our services (“User Content”). You agree not to use our services for any illegal or unauthorized purpose. You also agree not to post or transmit any content that is unlawful, offensive, defamatory, or infringes upon the rights of others.

Fees and Payments

  1. If you choose to purchase one or more of the Services provided on the Platform, you agree to pay all fees (“Fees”) associated with the Services. Our monthly subscription provides tiered pricing for different levels of Services and products based on the Services you choose to use. In addition to our monthly subscription Services, you may purchase add-in Services for a one-time Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated with your use of the Services. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable.
  2. Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.
  3. If you are passing the obligation to pay Platform-related Fees to your Clients, you are solely responsible for all related transactions, including but not limited to refunds and charge backs of such Fees that are passed on. InnoStar Digital is not responsible for resolving issues related to costs passed on to your Clients. Any fees passed on to Clients or other third parties must be amounts charged by InnoStar Digital, without increase or markup.
  4. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with the Services you order and any transactions you conduct with your Clients. InnoStar Digital may collect Taxes from you as part of the Fees as it deems appropriate, and all InnoStar Digital determinations regarding what Taxes to collect are final. InnoStar Digital may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify InnoStar Digital for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your Clients, as described in Section 22. Taxes, like all Fees, are nonrefundable.
  5. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
  6. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any fees, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All InnoStar Digital determinations regarding your obligation to pay invoiced charges are final.
  7. No Refunds. Except as described below, all Fees assessed by InnoStar Digital are non-refundable, and InnoStar Digital does not provide Fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. If InnoStar Digital chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

We reserve the right to issue refunds or credits at our sole discretion in the following situations:

  1. Where we materially modify these Terms of Service or Privacy Notice during a billing period and such modification adversely affects you, we may refund a portion of your subscription Fee equal to the remaining unused term, as we determine appropriate or as may be required by applicable law. To be eligible for a refund, you must provide written notice that (a) identifies your account and (b) requests cancellation of the specific Service. The cancellation will be effective upon receipt of your notice and our determination that you are authorized to effect such cancellation. Please refer to the “Communications and Contact Information” section below on how to provide notice to us.
  1. Where a modification or interruption of Services adversely affects you and alternative remedies, as specified in these Terms of Service, are not available, we may refund a portion of your paid subscription Fee equal to the remaining unused term of your subscription, as we determine appropriate or as may be required by applicable law.

Intellectual Property

InnoStar Digital CRM’s Platform and its entire content, data, features, Services, and functionality (including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform) (“Platform Content”) and are owned by us or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Platform Content does not include User Contribution(s), as defined below.

The InnoStar Digital name and related logos are trademarks and service marks (“Marks”) of InnoStar Digital. InnoStar Digital may not be used without advance written permission of InnoStar Digital, including in connection with any product or service that is not provided by InnoStar Digital, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents InnoStar Digital. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners.

Limited License And Prohibited Uses

You, your employees, and your end user clients (“Clients”) may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree that you, your employees, and your Clients will not:

  1. Use the Platform or any Services in any way that violates any applicable law or regulation.
  2. Use the Platform or any Services for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
  3. Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
  4. Transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  5. Impersonate or attempt to impersonate InnoStar Digital, an InnoStar Digital employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  6. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or any Services, or which, as determined by InnoStar Digital, may harm InnoStar Digital or users of the Platform or expose them to liability.
  7. Use the Platform or any Services in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  8. Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  9. Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without InnoStar Digital’s prior written consent.
  10. Use any device, software or routine that interferes with the proper working of the Platform or any Services.
  11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform, or any Services.
  13. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  14. Otherwise attempt to interfere with the proper working of the Platform or any Services.

Termination

We reserve the right to suspend or terminate your account at any time for any reason, without notice. If you wish to terminate your account, you may do so at any time by contacting us.

Limitation of Liability

In no event shall InnoStar Digital CRM, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the use of our services.

Indemnification

You agree to indemnify, defend, and hold harmless InnoStar Digital CRM, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from your use of our services.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state of Texas, without giving effect to any principles of conflicts of law.

Entire Agreement

These Terms of Service constitute the entire agreement between you and InnoStar Digital CRM regarding the use of our services.

If you have any questions or comments about these Terms of Service, please contact us at

info@innostardigital.com