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Article 1 (Scope of Application)
1. The Terms shall apply with respect to the use of the Service provided by the Company to the Customer.
2. Any person or entity which desires to use the Service shall agree to the Terms when it makes an application for the Service.
Article 2 (Definition of the Service)
The Service is a cloud application that runs on the platform (hereinafter referred to as “Salesforce”) provided by salesforce.com, Inc. (hereinafter referred to as “SFDC”).
Article 3 (Provision of the Service)
In accordance with the laws applicable to the Service, the Company provides the Service subject to the conditions as specified in the following Items.
(1) Service Provision Environment
The Service shall be used on the Salesforce platform, and if the Customer cannot use Salesforce, the Customer also cannot use the Service for any reason.
(2) Modification of the Specification
The Company may update and modify the specification of the Service at any time without obtaining consents from the Customer.
(3) Restrictions on Functions
The Service has restrictions on functions. The Customer must confirm the restrictions on functions during the free trial period, and shall not make any objection to such restrictions after application for the Service.
(4) Restrictions on Use
The Service may be subject to restrictions on the use of Salesforce which is basis of the Service, including the execution of scheduled maintenance of Salesforce. The Customer shall not make any objection to such restrictions.
(5) Termination of the Service
The Company may terminate the provision of the Service due to technical or commercial reasons. In this case, the Company will give a prior notice of that effect to the Customer by e-mail one (1) month before the termination of the Service.
Article 4 (Application for using the Service, Fee, and Method of Payment)
1. “Subscription" means the right to use the Service purchased by the Customer from the Company within a certain period of time.
2 The Service is purchased as Subscription, and shall not be accessed by the users exceeding the specified number of users or the users which do not belong to the specified organization.
3. The Customer may purchase an additional Subscription during the contract period of the applicable existing Subscription (hereinafter referred to as the “Existing Subscription”) at the same price as that for the Existing Subscription, and the total price for the additional Subscription shall be calculated proportionally according to the remaining contract period of the Existing Subscription Period at the time when such additional Subscription is purchased.
4. Additional Subscription shall terminate on the same day as the Existing Subscription terminates. Subscription is for the specified users and the account for accessing the Service may not be shared or used by two or more users, however, when a previous user no longer needs to continuously use the Service, the Customer may reassign the account to a new user replacing the previous user.
5. When subscribing for the Service as an annual contract, the Customer shall pay the annual fee for the Service in a lump sum to the Company prior to starting use of the Service. The Fee is posted on the webpage for the Service in SFDC’s App Exchange. The Customer can purchase an additional Subscription at any time by paying the fee applicable to the additional Subscription. The fee set forth in this Article 4.5 does not include taxes imposed on the transactions related to provision of the Service or any other amount except the consideration for the Service (hereinafter collectively referred to as “Taxes, etc.”), and the Customer shall pay Taxes, etc. at its responsibility and expenses.
6. When subscribing for the Service as a monthly contract, the Customer shall pay the monthly fee for the Service in a lump sum to the Company prior to starting the use of the Service. The Fee is posted on the webpage for the Service in SFDC’s App Exchange. The Customer can purchase an additional Subscription at any time by paying the fee applicable to the additional Subscription. The fee set forth in this Article 4.6 does not include taxes imposed on the transactions related to provision of the Service or any other amount except the consideration for the Service, and the Customer shall pay Taxes, etc. at its responsibility and expenses.
7. The fee shall be based on the purchase of the Service, not based on actual use. Even if the Customer terminates the use of the Service or decreases the number of the users within the contract period, the Company will not refund the fee.
8. The Company shall reserve the right to discontinue the Service when payment cannot be confirmed within five (5) business days from the due date for the payment.
9. The fee for the Service may be changed without prior notice for any reason including that regarding service operation. When a renewal takes effect pursuant to Article 4.10 after the notice or announcement of change of the fee by the Company, the Customer is deemed to agree to changed fee for the renewed Service.
10. The Service shall be automatically renewed for one (1) year from the next day of the last day of the contract period (in the case of annual contract), or one (1) month from the next day of the last day of the contract period (in the case of monthly contract), unless either party otherwise notifies the other party at least 30 days prior to expiration of the original or renewed contract period.
11. The payment obligation of the Customer may not be canceled, and the Company will not refund any fee already paid by the Customer for any reason except in the case of Article 3.5.
12. In case where the Customer registers in a free trial, the Company will provide the Service to the Customer on a free trial basis, and such trial period will continue until the earliest of the following dates.
① the expiration date of the registered free trial period
② the start date of the paid service ordered by the Customer
During the free trial period, the Service shall be provided “as is” without warranty of any kind, and the Company shall not be liable for any damages incurred by the Customer.
Article 5 (Prohibited Acts)
The Customer shall be prohibited from the following acts.
1. The act of copying, modifying, or distributing the content of the Service without the Company’s prior permission
2. The act of selling, renting, transferring or sublicensing the right of using the Service to a third party, or otherwise allowing a third party to use the Service
3. The act of decompiling, disassembling, reverse engineering, adapting or modifying the content or application programs, etc. of the Service.
4. Other acts falling under any of ① through ⑧ below
① the act which would infringe copyright, intellectual property rights or any other rights of the Company
② slander and libel against the Company
③ the act which would infringe the Company’s property or privacy
④ the act which would cause any disadvantage or damage to the Company
⑤ commercial activities using the Service without the Company’s approval.
⑥ the act which offends public order and morals, criminal act or act which may lead to criminal acts
⑦ other acts in violation of laws and regulations
⑧ other acts which the Company deems inappropriate
Article 6 (Ownership)
All ownership rights and intellectual property rights in and to the Service shall vest in the Company or its licensors, and the permission to use the Service under the Terms shall not be construed as granting any license with respect to any intellectual property rights concerning the Service held by the Company or its licensors. The Customer shall not, for any reason whatsoever, perform any act which would infringe any intellectual property rights of the Company or its licensors, including, without limitation, disassembling, decompiling and reverse engineering.
Article 7 (Termination, etc.)
The Company may suspend the use by the Customer of the Service, or cancel or terminate the contract, in any of the following events. The Company shall in no event be responsible or liable for any damage incurred by the Customer as a result of any action taken by the Company under this Article 7.
1. the Customer falls under any of the events specified in the following ① through ③
① the Customer violates any provision of the Terms
② the Customer makes or is found to have made a false declaration or notification
③ the Company determines that the use of the Service by the Customer would be inappropriate
2. the Customer is recognized to have violated Article 5
3. the Company determines that the Customer is antisocial forces (which mean gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or that the Customer is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method
4. the contract between the Company and SFDE, which is the prerequisite for the provision of the Service, terminates or expires
Article 8 (Disclaimer)
1. The Company shall not be responsible or liable for any damage, including loss of profits suffered by the Customer due to the use of the Service and that related to claim for damages from third parties, (including, without limitation, damages relating to suspension of the Service, update or modification of the specification, restrictions on functions, restrictions on use and termination of the Service under Article 3).
2. The Company does not make any warranty, whether explicit or implied, including warranty of no legal defects, merchantability, no programming error, operation at the speed satisfying the Customer, compatibility with the specific purpose of the Customer with respect to function or performance, and no infringement of the right of third parties. In addition, the Company shall not have any obligation to change specifications.
3. The Company shall not be responsible or liable in any case, such as delay or discontinuance due to natural disasters and circumstances beyond reasonable control of the Company.
Article 9 (Damages)
Even if, notwithstanding Article 8 and other provisions herein, the Company is responsible or liable for the damage incurred by the Customer in some reason, the responsibility and liability of the Company for the damage shall be limited to the total amount that the Company receives actually from the Customer during the immediately preceding 12 months.
Article 10 (Changes to Terms and the Service)
1. The Company reserves the right to change the Terms or the content of the Service without consent of the Customer; provided, however, that with respect to the change to the Terms, the Company will make a notification or announcement thereof (i) one (1) month prior to the change in cases where the change may be disadvantageous to the Customer, and (ii) in other cases, a certain period of time prior to the change.
2. If the Customer uses the Service after the notice or announcement by the Company of the change to the Terms, the Customer shall be deemed to have agreed to the Terms after the change.
3. Even if the content of the Service is changed, the Terms shall remain applied unless otherwise specified.
Article 11 (Confidentiality)
1. For the purposes of the Terms, the “Confidential Information” means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or come to the knowledge of, the Customer in connection with the Terms or the Service in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the Customer at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the Customer; (2) which becomes publicly known through publication or otherwise without fault of the Customer after the information is provided or disclosed by the Company to or comes to the knowledge of the Customer; (3) which the Customer has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the Customer has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.
2. The Customer shall use the Confidential Information of the Company solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information of the Company to any third party without the Company’s prior written consent.
3. Notwithstanding the provision of this Article 11.2, the Customer may disclose the Confidential Information of the Company when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Customer.
4. The Customer shall first obtain the prior written consent of the Company if it intends to reproduce any document or magnetic storage media containing the Confidential Information of the Company, and shall keep the reproductions under strict control in the same manner as provided for in this Article 11.2.
5. At any time upon request of the Company, the Customer shall promptly return to the Company or destroy the Confidential Information of the Company and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.
Article 12 (Assignment of Terms)
1. The Customer shall not assign, transfer, grant security interests on or otherwise dispose of the Terms or rights or obligations under the Terms without the prior written consent of the Company.
2. In cases where the Company assigns the business regarding the Service to a third party by any means such as business transfer or company split, the Company may, as a part of such assignment of business, assign to the third party assignee its status under the Terms, its rights and obligations under the Terms, and the registered information and other information relating to the Customer, and the Customer hereby agrees to such assignment in advance.
Article 13 (Protection of Personal Information)
Article 14 (Survival of Provisions)
The provisions of Articles 4.4 through 4.9, 4.12, 4.13, 6 through 9, and 11 through 15 shall survive the expiration or termination of the contract under the Terms and remain in full force and effect; provide, however, that Article 11 shall survive only for 5 years from the expiration or termination of the contract.
Article 15 (Governing Law and Jurisdiction)
The Terms shall be governed by and interpreted according to the laws of Japan, and any disputes between the Company and the Customer shall be submitted to the exclusive jurisdiction of the court having jurisdiction over the location of the head office of the Company for the first instance.
Article 16 (Effect of the Terms)
The Terms shall be effective as of the date of implementation or date of revision as provided in supplementary provisions herein.
The date of implementation: June 1, 2017