Terms of Service
1. Access to the Service
By agreeing to the terms of this Agreement and paying the applicable subscription fees, ARTYOM BAZYK ("Company") grants the Customer ("Customer"), meaning any organization subscribing to the service, access to the No Duplicates application, which is integrated with Salesforce, for the Customer's internal business use.
This Agreement governs the provision of cloud-based access to the No Duplicates application. The Customer is granted a right to use the service on a subscription basis, with no transfer of intellectual property rights. Access is provided remotely, and no software is installed or licensed to the Customer.
2. Ownership and Intellectual Property
The Company retains full ownership of the No Duplicates platform and related functionalities integrated with Salesforce.
- Customer is granted only a right to access and use the cloud-based service.
- No software, copyright, patent, trademark, or any other intellectual property is licensed, transferred, or assigned under this Agreement.
- Customer retains full ownership of any data processed using No Duplicates. The Company acts solely as a service provider and does not claim ownership of Customer data.
3. Subscription Fees, Payments, and Refunds
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Fees are based on the data record limit that the Customer has chosen, as specified on the official pricing page: https://noduplicates.my.site.com/s/pricing.
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All payments are final. No refunds will be provided under any circumstances.
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If payment of any fee is rejected or becomes overdue, the Company may suspend Customer's access to No Duplicates until the delinquency is corrected.
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The Company reserves the right to change the applicable data record limits and/or fees at its discretion.
4. Customer Responsibilities
Customer agrees to:
- Use No Duplicates only as a cloud-based service for duplicate management within Salesforce.
- Not attempt to copy, modify, reverse-engineer, or resell the No Duplicates platform.
- Comply with all applicable laws and maintain security over Salesforce login credentials.
5. Restrictions on Use
Customer is prohibited from:
- Using the app for any purpose outside its intended cloud-based functionality.
- Claiming ownership of or sublicensing the service.
6. Data Privacy and Security
Data Ownership – The Customer retains full ownership of their data.
Purpose of Processing – The Company processes Customer data only to provide the No Duplicates cloud-based service and does not use it for any other purpose.
Regulatory Compliance – The Customer is responsible for ensuring compliance with applicable data protection laws, including GDPR (EU 2016/679), only if GDPR applies to their data processing activities. If GDPR applies, the Customer acts as the Controller, and the Company acts as the Processor, processing personal data strictly based on the Customer's instructions.
Data Security – The Company follows industry-standard security measures, ensuring data protection within Salesforce. No data is stored outside Salesforce unless configured by the Customer.
Third-Party Services – The Customer pre-approves Salesforce as the processing platform. Any third-party sub-processors engaged will comply with GDPR.
Customer Responsibility & Indemnification – The Customer is responsible for determining whether GDPR applies to their data processing activities. If GDPR applies, the Customer ensures compliance and indemnifies the Company against third-party claims related to unlawful data use.
Data Subject Rights – The Company assists the Customer in handling GDPR requests (e.g., access, correction, deletion). Upon contract termination, data will be returned or securely deleted, unless legal obligations require retention.
7. Term and Termination
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This Agreement remains effective for the duration of an active subscription.
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Either party may terminate the Agreement in accordance with the subscription terms.
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Upon termination, the Customer's access to the service will cease, but no intellectual property rights will be transferred.
8. Modifications to the App
The Company may update the cloud-based application to enhance security, performance, and features.
9. Force Majeure
The Company shall not be liable for delays or disruptions beyond its control, including but not limited to:
- Natural disasters, regulatory actions, labor disputes, or government actions.
- The suspension or termination of the Company's Partner Application Distribution Agreement (PADA) and Salesforce Partner Program Agreement (SPPA) with Salesforce.
In such cases, the Company will make reasonable efforts to notify Customers and minimize disruption to the service.
10. Limitation of Liability
The Company's liability is limited to the subscription fees paid by the Customer in the 12 months preceding any claim.
11. Governing Law
This Agreement is governed by the laws of Poland and shall be adjudicated in the courts of Gdańsk, Poland, without regard to conflict of law principles.
12. Entire Agreement
This Agreement represents the entire understanding between the parties and supersedes all prior agreements regarding No Duplicates.
By accessing and using No Duplicates, Customer agrees that all payments are for cloud-based service access, not for the transfer or licensing of intellectual property rights.