Starting at $1,000 USD per company per month Minimum contract period is 1 year. Please contact us for detailed pricing: firstname.lastname@example.org
Marketing Performance and Campaign Management that provides a complete overview of all marketing activities. Planning, budgeting and optimization of marketing in all channels and automatic alignment of marketing and sales KPI’s.
TERMS & CONDITIONS for use of the Musqot Marketing Planner service (application)
Musqot Marketing Planner is a cloud computing application for Marketing Resource and Performance Management, operated by Musqot Marketing Technology AB (hereafter sometimes referred to as “Musqot,” “us,” or “our”). By subscribing to the Musqot application (“Service”) you agree to be bound by these Terms & Conditions (this “Agreement”).
This Agreement is subject to be changed by Musqot at any time, effective upon posting on the AppExchange, and your use of the Service after such posting will constitute acceptance by you of such changes.
This agreement includes Exhibit A – SFDC Service Agreement. In the event of contradicting details in the main Agreement and Exhibit A, the contents of Exhibit A shall be dictating the terms.
1. Description of the Service
The Musqot Service provides users with access to a set of marketing related features and functionalities (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Musqot properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and you understand that access may involve third-party fees (such as Internet service provider or airtime charges) and the need for equipment.
2. Electronic Agreement
3. Subscriptions and Charges
You agree to pay Musqot the subscription fee (“Subscription Fee”) specified during the subscription Period (“Subscription Period”). The Subscription fee is depending on your Number of user accounts and your level of Service, details of which are to be specified in your license order form or separate contract. We offer only annual subscriptions for 12 months or more (12/24/36 months etc). All new subscriptions will be charged in advance of, or at the beginning of, each new annual period.
You can at any time request additional user accounts, and/or higher versions (if you are not already using Musqot Enterprise version) for your Service. Any such requests will result in the total scope of your subscription contract to be changed during the remaining subscription period. You will be charged again, for the extra cost of the added service scope during the remaining part of the current subscription period. The new total scope of the subscription will then be the default scope of the next-coming subscription period.
3.2 Payment Method
You agree to pay Musqot for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents), and you authorize Musqot to charge you by invoice or credit card (as agreed) for the Service. You agree to make payment using that selected Payment Method. If Musqot does not receive payment from your Payment Method, you agree to pay all amounts due on demand.
3.3 Auto-Renewal of Your Subscription Period
You will be entitled to receive the Service only during the subscription period (“Subscription Period”) specified. All subscriptions will automatically renew at the end of your subscription period unless cancelled by you no later than 90 days before the end of the current Subscription period. You will not receive further notice of auto-renewal. Please note that, as set forth in paragraph 3.1, the new Subscription period will include any extensions and/or upgrades made during the previous subscription period, such as added user accounts and/or a higher version of the Service.
3.4 Recurring Billing
Your subscription plan uses recurring billing. If you subscribe to a service whose Subscription Period is annual, then you will automatically be charged the Subscription Fee for the subsequent 12-month period unless you cancel the Service no later than 90 days before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation.
3.5 Current Information Required
It is Your responsibility to, at all times, provide Musqot with accurate information about your selected payment method and any details related to that payment method, such as company mailing address, e-mail address, phone number and, if applicable, credit card details.
If you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund on the Subscription Fee(s) previously paid to Musqot. If you downgrade your subscription to a lower level, you are not entitled to a refund.
3.7 Auto-renewal at then-current non-promotional rates
Your Musqot subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. Musqot reserves the right to renew your subscription at the then-current non-promotional subscription rate provided 120 days notice to you of an increase in fees. The notice shall be sent to the email currently associated with your Musqot Membership.
You are solely responsible for properly canceling your account. You can cancel your account at any time by notifying Musqot by e-mail. An email request to cancel your account is not considered to be an actual cancellation until you have received a written e-mail confirmation by Musqot. Please do not assume your account has been canceled unless you have received the specific cancellation confirmation from Musqot.
Members will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Member will be liable for attorneys’ fees and collection costs arising from Musqot’s efforts to collect unpaid balances.
3.10 Reaffirmation of Authorization
Your non-termination or continued use of the Service reaffirms that Musqot is authorized to charge you. Musqot may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance.
Any trials that provides access to the Service must be used within 30 days unless otherwise specifically agreed. In order to maintain access to the application after the initial 30 days, you need to order a paid 12-month subscription, according the terms specified in paragraphs 3-3.10. To prevent loss of any customer data added during the trial period, you need to make sure that you place your order for the paid subscription before the 30 day free trial period has come to an end. You can place your order from within the application or by sending an e-mail request to: email@example.com
4. Modifications to Service
Musqot reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Musqot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Reliance on Content, Advice, Etc.
Any advice that may be communicated by Musqot is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Musqot does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party. Under no circumstances will Musqot be responsible for any loss or damage resulting from your reliance on information or other content communicated.
7. Disclaimers of Warranties
The Service is provided “AS-IS” and on an “AS-AVAILABLE” basis. Musqot expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Musqot cannot guarantee and does not promise any specific results from the use of the Service. You agree that you must evaluate, and bear all risks associated with, the use of our Service, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Musqot or submitted to Musqot. Use of the Service may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Musqot cannot and does not guarantee compatibility with other systems and hardware.
8. Third-Party Content
Certain content, Products, and services available via the Service may include materials from third parties. You acknowledge and agree that Musqot is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Musqot is not in any way responsible for any such use by you.
9. Limitation on Liability
In no event will Musqot be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Musqot has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any inaccurate or out-of-date content produced by the tools of the Service; or (vi) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Musqot’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Musqot in the twelve (12) months prior to the claimed injury or damage.
10. Disclaimers and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
11. Indemnity by You
You agree to indemnify and hold Musqot, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Musqot’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
11. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
12. Interstate and International Nature of Communications on Musqot Network
When you subscribe to the Musqot Service, you acknowledge that in using Musqot services to send electronic communications, you will be causing communications to be sent through Musqot’s computer networks located in different locations in the United States, EU and Asia (server location based on client's geographic origin). As a result, and also as a result of Musqot’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate/domestic in nature can result in the transmission of interstate/international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate/international data transmissions.
This Agreement will remain in full force and effect while you use the Service. You may cancel your Subscription at any time, for any reason. Musqot may terminate your Subscription by sending notice to you at the email address you provide in your application for Subscription, or such other email address as you may later provide to Musqot. If Musqot terminates your access to this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Musqot. Musqot is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Musqot reserves the right to refuse service to anyone for any reason at any time.
14. Jurisdiction and Choice of Law
If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the country of Sweden, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and courts of Sweden, for the resolution of any such dispute.
The failure of Musqot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Musqot and govern your use of the Service, superseding any prior agreements between you and Musqot (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to firstname.lastname@example.org.
EXHIBIT A - SFDC Service Agreement
“AppExchange” means the online directory of on-demand applications that work with the SFDC Service, located at http://www.appexchange.com or at any successor websites.
“Platform” means the online, Web-based platform service provided by SFDC to Reseller in connection with Reseller’s provision of the Reseller Application to You.
“Reseller” means Musqot Marketing Technology AB.
“Reseller Application” means Musqot’s cloud computing application (Service).
“SFDC Service” means the online, Web-based service generally made available to the public via http://www.salesforce.com and/or other designated websites, including associated offline components but excluding Third-Party Applications. For purposes of this SFDC Service Agreement, the SFDC Service does not include the Platform.
“SFDC” means salesforce.com Sàrl. “Third-Party Applications” means online, Web-based applications and offline software products that are provided by third parties and are identified as third-party applications, including but not limited to those listed on the AppExchange and the Reseller Application.
“Users” means Your employees, representatives, consultants, contractors, agents and third parties with whom You conduct business who are authorized to use the Platform subject to the terms of this SFDC Service Agreement as a result of a subscription to the Reseller Application having been purchased for such User, and have been supplied user identifications and passwords by You (or by SFDC or Reseller at Your request).
“You” and “Your” means the customer entity which has contracted to purchase subscriptions to use the Reseller Application subject to the conditions of this SFDC Service Agreement, together with any other terms required by Reseller.
“Your Data” means all electronic data or information submitted by You as and to the extent it resides in the Platform or SFDC Service.
1. Use of Platform.
(a) Each User subscription to the Reseller Application shall entitle one User to use the Platform via the Reseller Application, subject to the terms of this SFDC Service Agreement, together with any other terms required by Reseller. User subscriptions cannot be shared or used by more than one User (but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with You or otherwise changed job status or function and no longer require use of the Platform). For clarity, Your subscription to use the Platform hereunder does not include a subscription to use the SFDC Service generally or to use it in connection with applications other than the Reseller Application. If You wish to use the SFDC Service or any of its functionalities or services other than those included in the Reseller Application, or to create or use additional custom objects beyond those which appear in the Reseller Application in the form that it has been provided to You by Your Reseller, visit www.salesforce.com to contract directly with SFDC for such services. In the event Your access to the Reseller Application provides You with access to the SFDC Service generally or access to any Platform or SFDC Service functionality within it that is in excess of the functionality described in the Reseller Application’s user guide, and You have not separately subscribed under a written contract with SFDC for such access, then You agree to not access or use such functionality, and You agree that Your use of such functionality, or Your creation or use of additional custom objects in the Reseller Application beyond that which appears in the Reseller Application in the form that it has been provided to You by your Reseller, would be a material breach of this Agreement.
(b) If Your subscription to use the Platform hereunder includes Salesforce Mobile, You understand that prior to purchasing Salesforce Mobile, You should refer to the Mobile Device list located at http://www.salesforce.com/mobile/devices/ for information on mobile devices that are supported by SFDC. You agree that SFDC will not provide any refunds, credits or other compensation or remedies in connection with Your purchase of Salesforce Mobile for any mobile devices that are not supported by SFDC. Third party mobile device, operating system and network connectivity providers may, at any time, cease distribution of, interrupt, deinstall and/or prevent use of Salesforce Mobile clients on supported mobile devices without entitling You to any refund, credit or other compensation or remedies.
(c) Notwithstanding any access You may have to the Platform or the SFDC Service via the Reseller Application, Reseller is the sole provider of the Reseller Application and You are entering into a contractual relationship solely with Reseller. In the event that Reseller ceases operations or otherwise ceases or fails to provide the Reseller Application, SFDC has no obligation to provide the Reseller Application or to refund You any fees paid by You to Reseller.
(d) You (i) are responsible for all activities occurring under Your User accounts; (ii) are responsible for the content of all Your Data; (iii) shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform and the SFDC Service, and shall notify Reseller or SFDC promptly of any such unauthorized use You become aware of; and (iv) shall comply with all applicable local, state, federal and foreign laws and regulations in using the Platform.
(e) You shall use the Platform and the SFDC Service solely for Your internal business purposes and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or the SFDC Service available to any third party, other than to Users or as otherwise contemplated by this SFDC Service Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (iv) send or store viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Platform or the SFDC Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Platform or the SFDC Service or its related systems or networks.
(f) You shall not (i) modify, copy or create derivative works based on the Platform or the SFDC Service; (ii) frame or mirror any content forming part of the Platform or the SFDC Service, other than on Your own intranets or otherwise for Your own internal business purposes; (iii) reverse engineer the Platform or the SFDC Service; or (iv) access the Platform or the SFDC Service in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or graphics of the Platform or the SFDC Service.
2. Third-Party Providers.
Reseller and other third-party providers, some of which may be listed on pages within SFDC’s website and including providers of Third-Party Applications, offer products and services related to the Platform, the SFDC Service, and/or the Reseller Application, including implementation, customization and other consulting services related to customers’ use of the Platform and/or the SFDC Service, and applications (both offline and online) that interoperate with the Platform and/or the SFDC Service such as by exchanging data with the Platform and/or the SFDC Service or by offering additional functionality within the user interface of the Platform and/or the SFDC Service through use of the Platform and/or SFDC Service's application programming interface. SFDC does not warrant any such thirdparty providers or any of their products or services, including but not limited to the Reseller Application or any other product or service of Reseller, whether or not such products or services are designated by SFDC as “certified,” “validated” or otherwise. Any exchange of data or other interaction between You and a third-party provider, including but not limited to the Reseller Application, and any purchase by You of any product or service offered by such third-party provider, including but not limited to the Reseller Application, is solely between You and such third-party provider. In addition, from time to time, certain additional functionality (not defined as part of the Platform or SFDC Service) may be offered by SFDC or Reseller to You, for an additional fee, on a pass-through or OEM basis pursuant to terms specified by the licensor and agreed to by You in connection with a separate purchase by You of such additional functionality. Your use of any such additional functionality shall be governed by such terms, which shall prevail in the event of any inconsistency with the terms of this SFDC Service Agreement.
3. Integration with Third-Party Applications.
If You install or enable Third-Party Applications for use with the Platform or SFDC Service, You acknowledge that SFDC may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third Party Applications with the Platform or SFDC Service. SFDC shall not be responsible for any disclosure, modification or deletion of Your Data resulting
from any such access by Third-Party Application providers. In addition, the Platform and SFDC Service may contain features designed to interoperate with Third-Party Applications (e.g., Google, Facebook or Twitter applications). To use such features, You may be required to obtain access to such Third-Party Applications from their providers. If the provider of any such Third-Party Application ceases to make the Third-Party Application available for interoperation with the corresponding Platform or SFDC Service features on reasonable terms, SFDC may cease providing such Platform or SFDC Service features without entitling You to any refund, credit, or other compensation.
4. Access by Reseller.
To the extent Reseller serves as the administrator of the Reseller Application for You, You acknowledge that your use of the Reseller Application may be monitored by Reseller and Reseller may access Your Data submitted to the SFDC Service or Reseller Application. By agreeing to this SFDC Service Agreement, you are consenting to such monitoring and access by Reseller.
5. Processing of Your Data.
SFDC’s processing of Your Data is limited to the extent, and in such a manner as is necessary, for the performance of SFDC’s obligations under its agreement with Reseller with regard to provisioning the Platform in connection with the Reseller Application and shall not include processing Your Data for any other purpose without Your or Reseller’s written instruction as appropriate. For clarity, the following processing is deemed an instruction by Reseller and/or You: (a) processing necessary for the performance of SFDC’s obligations under its agreement with Reseller with regard to provisioning the Platform in connection with the Reseller Application; and (b) processing initiated by Your Users in their use of the Reseller Application.
6. Return of Your Data. You have thirty (30) days from the date of termination your Reseller Application subscription term in which to request a copy of Your Data, which will be made available to You in a .csv format. Any modifications to such Your Data made by the Reseller Application outside of the Platform (if any) will not be captured in Your Data as returned and the return of any such modified data shall be the responsibility of Reseller.
7. Proprietary Rights.
Subject to the limited rights expressly granted hereunder, SFDC reserves all rights, title and interest in and to the Platform and the SFDC Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth in this SFDC Service Agreement. The Platform and the SFDC Service is deemed SFDC confidential information, and You will not use it or disclose it to any third party except as permitted in this SFDC Service Agreement.
8. Compelled Disclosure.
If either You or SFDC is compelled by law to disclose confidential information of the other party, it shall provide the other party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.
You agree that SFDC shall have a royalty-free, worldwide, transferable,
sublicenseable, irrevocable, perpetual license to use or incorporate into any SFDC products or services any suggestions, enhancement requests, recommendations or other feedback provided by You or Your Users relating to the operation of the Platform and/or the SFDC Service.
10. Suspension and Termination.
Your use of the Platform and the SFDC Service may be immediately terminated and/or suspended upon notice due to (a) a breach of the terms of this SFDC Service Agreement by You or any User, (b) the termination or expiration of Reseller’s agreement with SFDC pursuant to which Reseller is providing the Platform as part of the Reseller Application to You, and/or (c) a breach by Reseller of its obligations to SFDC with respect to the subscriptions it is providing to You in connection with this SFDC Service Agreement. If You use the Reseller Application in combination with a SFDC Service Org other than the Org provisioned solely for use with the Reseller Application (a “Shared org”) You acknowledge and understand that (i) access to such Org, including the Reseller Application used in connection with such Org, may be suspended due to Your non-payment to SFDC or other breach of Your Agreement with SFDC, and (ii) in the event Your relationship with SFDC is terminated as a result of non-payment or other material breach of Your agreement with SFDC, Your Platform subscriptions would also be terminated. In no case will any such termination or suspension give rise to any liability of SFDC to You for a refund or other compensation.
11. Subscriptions Non-Cancelable.
Subscriptions for the Platform are non-cancelable during a subscription term, unless otherwise specified in Your agreement with Reseller.
12. No Warranty.
SFDC MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO THE PLATFORM, THE SFDC SERVICE, AND/OR THE RESELLER APPLICATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SFDC DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, THE SFDC SERVICE, AND/OR THE
RESELLER APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
13. No Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SFDC HAVE ANY LIABILITY TO YOU OR ANY USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, COST OF PROCUREMENT OF REPLACEMENT GOODS OR SERVICES, LOST BUSINESS, LOSS OF USE, LOSS OF OR CORRUPTION OF DATA, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Further Contact.
SFDC may contact You regarding new Platform and SFDC Service features and offerings.
15. Third Party Beneficiary.
SFDC shall be a third party beneficiary to the agreement between You and Reseller solely as it relates to this SFDC Service Agreement.