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Terms Of Services
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You”) AND GAPPS EXPERTS INC. (hereinafter “GAE”) GOVERNING YOUR USE OF GAPPS EXPERTS INC. ONLINE PRODUCTS (hereinafter “GAE Service(s)”).
1. Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specified to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
2. Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by using the Services.
3. Description of Service
GAE provides an array of services for online collaboration and management including Shared Contacts for Gmail® (an online address book that synchronizes with Google and other collaboration and communication softwares) but also third party services (like Google Workspace, G Suite or Zoho CRM). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent.
4. Subscription to Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Gapps Experts Inc. will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
5. Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
6. User Sign up Obligations
You need to sign up for a user account by signing up through Google authentication system.
If you are the administrator of your Google Workspace domain and install our Services, you acknowledge that you accept the current terms on behalf of the users of your organization. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Gapps Experts Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Gapps Experts Inc. may terminate your user account and refuse current or future use of any or all of the Services.
7. Personal Information and Privacy
We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
8. Communications from GAE
The Service may include certain communications from GAE, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
9. Fees, Plans and Payments
9.1. Plans and Renewals
Subscriptions to paid Services are available on yearly and monthly subscription plans. The subscription fee will be charged through Paypal, credit card, check or bank transfer at the beginning of your subscription term.
Certain plans include a minimum number of licenses. By subscribing to these plans, you agree to buy this minima.
Renewals are automatically ordered for the same number of licenses that were ordered in the previous plan and delivered two months before expiry date (for annual plans) and one week before expiry date (for monthly plans) and charged from the payment method used for the first order.
9.2. Subscription Termination
If you do not wish to renew the subscription, you agree to stop it at least seven days prior to the renewal date. If your anticipated renewal was already charged, it can be refunded until 7 days before the renewal date.
Uninstalling the applications from the Google Workspace dashboard or removing your payment method will not suffice to cancel your subscription. You will always need to cancel your subscription from your dashboard.
In the event of termination of the subscription, you will not be refunded for the subscription fee for the unused portion of the subscription prepaid period. Gapps Experts Inc. reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.
After the expiry of your subscription, the service will stop working. The data will still be accessible by you for a period of two weeks and an archive will be kept in our database for a duration of 6 months. According to our deletion policy, you can request an immediate deletion of your data at any time before the 6 months grace period.
9.3. Trial Period
The trial period allows you to use the service with or without any restrictions, according to which service you are using. You will not be charged for using the service during the trial period.
At the end of the trial period, the service will automatically expire as described in 9.2.
9.4. Additional orders
9.4.1. Upgrade to a higher plan
To upgrade to a higher plan, it is required to use the subscription dashboard and click on the “Upgrade” button, which sends to the plans list with their prices.
For special orders, you can contact us directly to receive a quote.
When you upgrade, a new subscription period of one month or one year will start for the new selected plan. The period of the previous plan that was unused will be converted to “compensation days” in the new plan and be added to the new subscription period.
1 compensation day = 1 * (price of previous plan / price of the new plan)
9.4.2. Order of additional licenses
To add licenses to a current subscription, it is required to use the subscription dashboard and click on the “Add” button, which will allow you to order a certain number of licenses for that subscription.
When you order additional licenses, you will be charged for the full period of one month or one year. If your subscription expiry is less than this period, compensation days will be added to your current subscription.
9.4.3. Auto-Adjust licenses
If you enable the “Auto-Adjust” license, your subscription will automatically adjust its number of licenses according to the number of users in your Google domain + the users outside your Google domain that you invited to the application.
Every time Gapps Experts Inc. system will detect new such users, it will automatically create an order for these users as described in 9.4.2.
Every time Gapps Experts Inc. system will detect that users have been removed from the organization, it will remove the licenses of these users from the next renewal order.
9.4.5. Preset Renewal licenses
If you wish to renew your subscription with quantity of licenses that is different from your current subscription and from your number of users, you can send an email to email@example.com and specify the number of licenses you want for your next subscription.
9.5. Bundle offers
9.5.1. Bundle with Google Workspace products
As a Google partner and authorized reseller, Gapps Experts inc. offers bundled subscriptions including Google Workspace and Shared Contacts for Gmail®.
These subscriptions allow eligible domains to enjoy the two services for a discounted price and with a unique invoice.
To be eligible, a domain must :
Be currently subscribed to a paid plan with Google (not through a reseller) for G Suite (Basic, Business or Enterprise) or Google Workspace
Not have any current discount or promotion with Google
Not have an annual prepaid plan with Google
After the bundle offer is accepted, Google will transfer Google Collaboration subscriptions (Google Workspace, Google Drive Extensions, Google Vault …) to Gapps Experts Inc. that will issue grouped invoices every month for the services.
The customer can stop the reseller relationship with Gapps Experts Inc. at any time. In that case, the discounts on Gapps Experts bundled products will be lost and they will be sold as individual subscriptions.
10. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
11. Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorised activity.
12. Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
13. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Gapps Experts Inc. the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for GAE’s commercial, marketing or any similar purpose. However, you grant Gapps Experts Inc. permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
14. User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Gapps Experts Inc. will have the right to block access to or remove such content made available by you, if Gapps Experts Inc. receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Gapps Experts Inc. for this purpose. For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here. If you wish to protest any blocking or removal of content by GAE, you may do so in the manner provided here.
15. Sample files and Applications
GAE may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Gapps Experts Inc. makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
GAE, Gapps Experts Inc. logo, the names of individual Services and their logos are trademarks of Gapps Experts Inc. Corporation. You agree not to display or use, in any manner, the Gapps Experts Inc. trademarks, without GAE’s prior permission.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Gapps Experts Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gapps Experts Inc. MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM EC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
18. Limitation of Liability
YOU AGREE THAT Gapps Experts Inc. SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Gapps Experts Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Gapps Experts Inc. RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL GAE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless GAE, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by GAE.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Tribunal de Commerce de Nanterre (France). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be first conducted in Nanterre by the Conciliateur de Justice and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Gapps Experts Inc. may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
21. Suspension and Termination
We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account and deletion of all data in your user account.