Last Updated: 6th May 2019.
Welcome to Cacadu CRM, a Customer Relationship Management tool for individuals, small and mid-sized businesses.
Cacadu CRM (as defined in Section 1) is owned and operated by Street 17 OÜ, Sepapaja 6, 15551 Tallinn, Estonia. By accessing, downloading, saving, installing, using or attempting to use or access:
you enter into a legally binding electronic contract and you agree to these Terms of Use and Privacy Policy, including any supplemental license terms that accompany the software and any linked terms.
All of the terms are important and together create this Agreement that applies to you. If you find anything in this text that you do not agree with, please stop using Cacadu CRM immediately and/or request termination of the contract and deletion of your account by writing to support@cacadu.app.
When we say "Street 17", "we" or "us," we are referring to Street 17 OÜ, Sepapaja 6, 15551 Tallinn, Estonia.
When we say "Software" or "Cacadu CRM", or “Cacadu” we refer to the Customer Relationship Management Software (CRM), its updates, upgrades, enhancements, modifications, new features and possible replacements provided by Street 17 now existing or later developed and other programs and tools, developed in conjunction therewith.
When we say "Service" we mean making Cacadu CRM available by Street 17 in any version in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and tools.
When we say "Agreement" we mean the contract comprising these Terms of Use (as amended from time to time in accordance with Section 3), Privacy Policy, Cookie Policy and any supplemental license terms that accompany the Software (if any) and any linked terms.
When we say "Party" or "Parties" we refer to Street 17 and/or User.
When we say "User" or "You" we refer to any person or entity that uses Website. User may have a valid User Account. If the Service is being used on behalf of an entity, by an individual authorized to agree to such terms on behalf of such entity, then "User" refers to such entity.
When we say "User Content" we mean any content provided by User in Workspace or anywhere else in Cacadu CRM, including any entered, recorded, stored, used, controlled, modified, disclosed, transmitted or erased information and data.
When we say "Workspace" we mean the user environment provided via the Service, including private workspace (only visible to the User that created it) or shared workspace (visible to the User that created it and to the Users with whom it has been shared).
When we say "Admin User" we are referring to the User who has created and shared Workspace with one or more Users.
When we say "Team Member" we are referring to the User who has been invited, permitted or caused to have access to shared Workspace by Admin User, whether through the User Account or otherwise. User can be Admin User and Team Member at the same time in relation to different Workspaces.
When we say "Content" we mean all Cacadu CRM's features and technical resources available to Users, including but not limited to information, data, text, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through Online Cacadu CRM (including customized Cacadu CRM).
When we say "User Account" we mean an account provided by Cacadu CRM, whose purpose is to allow User to access and use Content or certain parts of it and create User Content.
When we say "Website" we mean the websites located at https://cacadu.app.
When we say "Client" we mean User who subscribes to any pricing plan available at https://cacadu.app website or agrees to a customized pricing option for customized version of Cacadu CRM.
User shall be bound by this Agreement in any of the following situations, whichever occurs first:
Street 17 may revise and update these Terms of Use or any part of Agreement at any time.
If you are using Cacadu CRM, you are cautioned to review the Terms of Use posted on the Website periodically. Any changes shall enter into force upon being published on the Website. Your continued access or use of the Website after any such changes are posted will constitute your acceptance of these changes. If you provided your email address (for example, you subscribed to our Newsletter or you subscribed to the Service), we will inform you by sending an email.
If you do not agree to the new Terms of Use, you must notify Street 17 within 5 days from new terms of Agreement coming into force. If you fail to send such notification to Street 17, your continued use will be deemed as acceptance to the new Terms of Use.
Visiting or sending emails to Cacadu CRM constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
Street 17 offers to all Users a free trial period for the first 30 days, starting from the creation of the User Account (hereinafter: Free trial period). After the Free trial period expiration, the User chooses the Service through monthly or yearly subscription Pricing plans.
We reserve the right, in our sole discretion, to change duration of the Free trial period at any time and without prior notice.
Upon expiration of the Free trial period, Cacadu CRM is charged in accordance with this Agreement and the Pricing plan.
All sums payable to Street 17 hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance or other charges related to the payment.
If your subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your subscription, you understand it will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes using any credit card we have on record for you.
The payment to use the Service has to be made in advance at the beginning of each billing period, and must be made by credit card, or such other means as accepted by Street 17. Client shall ensure that sufficient funds are available on the Client's account and acknowledges that late payments may result in the suspension of Service or termination of the Agreement.
Client acknowledges that the payment for Service is non-refundable for a certain billing period if Agreement is terminated any time after such billing period has started.
Client must keep all Billing Data complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and must promptly notify Street 17 if payment method is changed (for example, for loss or theft) or if Client becomes aware of a potential breach of security, such as the unauthorized disclosure or use of name or password. If Client fails to provide any of the foregoing information, User agrees that Street 17 may continue charging for any use of the Service unless Client has terminated Agreement as set forth herein.
If all credit cards we have on file for you are declined for payment of your subscription fees, we may cancel your subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
All payments are handled by third-party payment gateway. Street 17 is not responsible for the processing of Client's payment and shall not be liable for any matter in connection therewith.
In some cases Users, who are legal entities, may be obliged to make payment to us directly, in accordance with the invoice sent by Street 17. Such payment method is communicated to the Users explicitly and in advance to the commencement of any subscription.
Unless otherwise indicated in the Agreement, Cacadu CRM and its entire Content (including but not limited to the original source code, website copy, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work and other related materials) are protected by intellectual property rights of Street 17.
Users have only the right to access and to use the Service.
Any unauthorized use of the Service or any part of it without the permission of the owner of intellectual property rights shall be deemed an infringement of intellectual property rights. Street 17 will take all legal remedies to protect its intellectual property rights immediately upon the knowledge of unauthorized use.
Any copying of Content or downloading Content in part or in whole is permitted only by written consent from Street 17.
Street 17 also reserves all intellectual property rights not expressly granted in this Agreement.
Each User has only a limited, non-exclusive, non-transferable and revocable permission to use Content of Cacadu CRM in accordance with the Agreement. For example, this license does not give you any right to, and you may not:
6.1. Cacadu CRM may utilize or include certain Third Party Software. Company’s use of the Software is governed by the applicable Third-Party Software terms and conditions where applicable. Company may use Third-Party Plug-Ins to add functionality to the Software, provided that such use is limited to internal use by Company in a manner that does not violate any provisions of this Agreement.
Currently, Cacadu CRM implements the following third party software:
We do not claim ownership of any User Content. Each User is fully responsible for their User Content.
Street 17 does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
If User submits, uploads or creates content as a Team Member on a shared Workspace, User acknowledges and accepts that Admin Users of that Workspace have exclusive, non-transferable and irrevocable license to access, modify and/or remove such content, including but not limited to adding or removing User from the team or enabling or disabling their or third-party integrations.
User represents and warrants that for the duration of this Agreement, User has (and will have) all the rights necessary for your User Content that is uploaded, stored, or shared on or through Cacadu CRM and that the collection, use, and retention of your User Content will not violate any law or rights of others.
To use Cacadu CRM, Registered User must:
(1) be 18 years of age. Children under the age of 18 are not permitted to use the Service. Individuals under the age of 18 are not permitted to give their email address or any other personally identifiable information.
(2) be a human. Accounts registered by any automated methods are prohibited and will be deleted immediately. However, the account of a User may belong to a legal entity.
(3) provide complete information for registration purposes.
(4) provide accurate and up-to-date information. Using false identity is strongly prohibited.
(5) maintain the security of the account and password. Street 17 cannot be held liable for any loss, damages or expenses incurred due to User's failure to comply with this obligation. User will be liable for all losses, damages, liability and expenses incurred by Street 17 or a third-party as a consequence of authorized use of the account. If you become aware of any unauthorized use of your account on Cacadu, you need to immediately notify us by sending an email to support@cacadu.app.
(6) not spread any worms, viruses or any code of destructive nature.
(7) not engage in activity that violates the privacy of others.
(8) not use Cacadu or the Service to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities.
(9) not promote, engage in or make available content that displays or in any way communicates in favour of violence, sexually explicit or obscene material, self-harm, discrimination against any person or group based on race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability.
(10) not engage in or make available User Content that enables or is related to gambling, money laundering, phishing or engaging in identity theft, selling weapons or ammunition or engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
Street 17 has zero tolerance spam policy. No User can use the Services to send spam or bulk unsolicited messages. Safe lists, purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
Street 17 reserves the right to refuse or cancel Service, terminate accounts, or remove or edit Content in its sole discretion. Therefore, when investigating alleged violations of this Agreement, Street 17 reserves the right to review your User Content in order to resolve the issue.
Nevertheless, Street 17 has no obligation to monitor the User Content (and will make no attempt to do so) and has no obligation to remove any User Content unless previously informed that such User Content is unlawful or contrary to this Agreement.
Street 17 cannot be held responsible for any loss, damage, expense or other harmful consequences resulting from the User Content.
Street 17 may use User's company name, logo and/or trademarks to identify User as a user of Cacadu CRM.
Your use of Cacadu CRM is at your sole risk. The service is provided on an "as is" and "as available" basis.
Any warranty of Street 17 not expressly stated herein shall be deemed withheld. Supplier disclaims, to the fullest extent permitted under the applicable law, all statutory warranties and course of performance, course of dealing and usage related to licensees' and users' expectations.
User is solely responsible for any damage User may suffer resulting from the use of the Service. No oral or written information or advice given by Street 17 or its authorized representatives shall create a warranty or in any way increase the scope of Street 17's obligations.
Specifically, Street 17 does not warrant that:
Street 17 and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose.
Without limiting the foregoing, Cacadu CRM is not designed or licensed for use in hazardous environments requiring fail-safe controls (for example aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of the Software could lead to death, personal injury or physical and environmental damage ('High Risk Activities'). Accordingly, this Agreement excludes any High Risk Activities and User agrees not to use the Software in connection with High Risk Activities.
In connection to Online Cacadu CRM, Street 17 reserves the right (but has no obligation) to do any of the following, at any time, without notice to you:
Under any circumstances, Street 17 may not be liable for any loss, damage, expense or other harmful consequences resulting from anyone's use or inability to use Cacadu CRM.
To the maximum extent permitted by applicable law, in no event shall Street 17 and/or its suppliers, employees and representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, data or profits, or business interruption) arising out of or in any way connected:
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Street 17 and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Software or the Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that User during the six months prior to notice to Street 17 of the dispute for which the remedy is sought.
Neither Party shall be liable for breaching its obligations due to a circumstance they reasonably could not have foreseen and which is beyond their control, such as, e.g., a force of nature, an act of a legislative or an executive authority, war, civil unrest, act of terror, strike, Internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party's performance. For the avoidance of doubt, the provisions of this section:
You agree to indemnify and hold Street 17 harmless from any and all demands, losses, liability, claims or expenses (including attorneys' fees) made against Street 17 by any third-party due to or arising out of or in connection with your use of Cacadu CRM and the Services, including but not limited to:
Street 17 may, at its sole discretion, at any time and for any reason, terminate Cacadu CRM Service, terminate this Agreement, or terminate any User Account at Cacadu CRM. Street 17 will send notice to User at the email address User provides when creating User Account, or such other email address User may later provide to Street 17, at least 30 days prior to such termination, unless termination is caused by the User’s breach of this Agreement or any applicable laws.
User of Online Cacadu CRM may terminate this Agreement by requesting deletion of the User Account.
Without prejudice to the previous paragraphs of this section, the license for usage of Cacadu CRM and the Agreement thereof will immediately terminate if Client has failed to make payment before the beginning of the billing period and does not make such payment within five (5) working days after Street 17 gives notice of such non-payment to Client.
Upon termination of the Service for whatever reason, User will have the option to export and save the data within the User Content.
Each User understands and agrees that upon any termination of this Agreement:
In relation to Cacadu CRM, each User may request deletion of the User Account at any time in accordance with this Agreement, either via telephone call or electronic mail to support@cacadu.app.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any provision of this Agreement violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended so as to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Should Street 17 enable access to data from another service provider through linking, Street 17 does not carry responsibility for such information.
The Website may contain links to other websites, owned by other legal or natural persons. Each of these websites has their own Terms of Use and Policy on handling confidential information, which may differ significantly from those which are applied to the use of this Website. Street 17 has no control over such websites and shall not carry any responsibility neither for the availability of those websites nor for the Terms of Use and Policy on handling confidential information that applies to their visitors and users.
Placing links to third-party websites on Street 17's Website does not in any way imply that Street 17 recommends or approves services or products offered through such websites.
This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the Laws of the State of Estonia, without regard to its conflict of laws rules.
Mindful of the high cost of any form of dispute resolution, you and Street 17 agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and Street 17 (hereinafter: Dispute), the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
Both you and Street 17 agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any dispute resolution or filing any claim against the other Party.
Failing to resolve dispute as described in previous paragraphs of this Section, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be finally settled by the competent court in Estonia.
This dispute resolution provision shall survive termination of the Agreement.
Except where prohibited by law, as a condition of using the Software and/or Service, you agree that any and all disputes, claims and causes of action arising out of or connected with the Software and/or Service, shall be resolved individually, without resort to any form of class action.
Any dispute resolution under these Terms of Use will take place on an individual basis; class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Street 17 agree otherwise, the court may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
This Agreement (as amended from time to time) constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior Agreements and understandings between the Parties with respect to that subject matter.
In case of conflict between any provision herein and any statement, representation or other information published on the Website or contained in any other materials or communications the provision in the Agreement shall prevail.