2. Definitions for Services
USER. An individual who is authorized by You to use a Service, for whom You have ordered the Service, and to whom You (or We at Your request) have supplied a user identification and password. Users may include, for example, Your employees, consultants, contractors and agents, and third parties with which You transact business.
LUCRATIVE SERVICES. Lucrativ online CRM Management system accessible via our home page website and mobile applications.
MEMBER ACCOUNT. An authorized account who has paid us Lucrativ, Inc. fees and has access to our system and features by logging in with the account name and password.
CRM AND LEADS MANAGEMENT SYSTEM. Lucrativ, a kind of Sales Artificial Tool or Sales Engagement Tools, will provide you with one instance of Lucrativ CRM and Leads Management System.
CRM Features. The CRM and Leads Management system includes features for capturing, tracking, managing, nurturing leads, managing agent activity, contacts and workflow, and support system integration with third parties. Features of the CRM system may change from time to time and Lucrativ reserves the right to charge for new features that may be included in future CRM releases.
SMART PLAN. Lucrative provides an intelligent lead nurturing feature that integrates smart Action Plans. A combination of tasks can be added in one plan, allowing you to keep in touch with your leads easily and effectively. This feature recommends the best plans for leads based on where they’re at in your sales pipeline.
3. Member Account
If anyone other than yourself accesses your Member Account, Member Account settings, and performs any actions available to you, makes changes to your Member Account, Member Account settings, and accepts any legal terms available therein, including making various representations and warranties – all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your Member Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your Member Account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your Member Account and using the Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the Member Account and/or Member Content (as defined below) submitted to us.
We reserve the right to determine and/or grant ownership to a Member Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.
Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” Member Account remains as such:
The owner of a Member Account, Member Content created and/or uploaded to the Services, may be considered to be the person or entity who has access to the e-mail address then listed in our records for such Member Account under which such Member Website or Member Content has been created.
All activities that occur under your Member Account are your responsibility.
3. Member Account Information
The account information you provide us must be your own (or your company’s), and be accurate and complete. We will determine the ownership of all Member Accounts. You represent and warrant that:
1.You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into this Agreement and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Agreement;
2. You are not a resident of (or will use the Services in) a country that the U.S. and Canada government have embargoed for use of the Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
3. Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
4.You understand that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your end users, or your compliance therewith; And specifically regarding your Member Content:
5. You own all rights in and to any content uploaded by you (“Member Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Member Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Member Content;
6. The Member Content is (and will continue to be) true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your Member Website’s visitors and users reside, or for us and/or your visitors and users to use or possess in connection with the Services;
7. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Member Content, and you will adhere to all laws applicable thereto.
4. Your Obligations
In order to participate on the Sites and access the Services, you agree that you will:
a.fully comply with all applicable laws and any other contractual terms which govern your use of the Services (and any related interaction or transaction), including those specific laws applicable to you or your users and visitors in any of your geographical locations;
b.be solely responsible and liable with respect to any of the uses of the Services which occur under your Member Account, and for any of your Member Content (including for any consequences of using or publishing such Member Content on or with respect to the Services);
c.regularly and independently save and backup any of your Member Content and the information that is being processed by you regarding our https://lucrativ.com, including with respect to your visitors and users, and any applications and/or Third Party Services used by you;
d.receive from time to time promotional messages and materials from us or our partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices, please just notify us at any time;
Further, you acknowledge and agree that we, in our sole discretion, shall determine the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto). In addition, you acknowledge that neighborhoods are not subject to a generally accepted definition, but are subject to individual interpretation.
In addition, you undertake and agree NOT to:
f.copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any of the Sites, the Services (or any part thereof), any Content offered by us or Third Party Services for use and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under this Agreement;
g.submit, transmit or display any Member Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of us or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
h.publish and/or make any use of the Services or Licensed Content on any website, media, network or system other than those provided by us, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Services, Licensed Content, except as expressly permitted by us, in advance and in writing;
i.use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
j.act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute or harm;
k.purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use our name or our Marks and/or variations and misspellings thereof;
l.impersonate any person or entity or provide false information on the Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to us and/or any of our other Visitors or Members;
m.falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, your business, your Member Products, or any statement you make;
n.reverse look-up, trace, or seek to trace another Member of Services, or otherwise interfere with or violate any other Member’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent;
o.disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, Member Website, the account of another Member(s), or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
p.probe, scan, or test the vulnerability of the Services or any network connected to the Services;
q.upload to the Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
r.take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
s.use any of the Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
t.sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by this Agreement;
u.remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©] or trademarks [® or ™] contained in or accompanying the Services and/or Licensed Content;
v.violate, attempt to violate, or otherwise fail to comply with this Agreement or any laws or requirements applicable to your use of the Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Member Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
5. Content and Ownership
As between us and you, you shall own all intellectual property pertaining to your Member Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use your Member Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified under this Agreement.
All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to us.
Subject to your full compliance with this Agreement and timely payment of all applicable Fees, we hereby grant you, upon creating your Member Account and for as long as we wish to provide you with the Services, a non-exclusive, non-transferable, non sub-licensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of accessing and using the Services and generating and displaying your Member Website, solely as expressly permitted under the terms of this Agreement, and solely within the Services.
The terms of the Agreement do not convey any right or interest in or to our Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Agreement constitutes an assignment or waiver of our Intellectual Property rights under any law.
6. Suggestions, Comments and Feedback
If you provide us with any suggestions, comments or other feedback relating to the Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by us. By providing such Feedback to us, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to us any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
Data Analysis : The information collected through the website may be provided to an outside company for the purpose of analysis. This analysis is to help us to improve our sites and services to you, and to notify you of special offers that may be of interest to you.
8. Fees and Payment for Services
a. CRM LICENSES SERVICES: Lucrativ offers CRM member accounts by licenses and pay by month. You can choose the quantities of the licenses that you team or your company definitely requires.
b. DIALER SERVICES: Lucrativ provides VoIP telephony web service to allow dialer sales to contact their leads whenever they want. Our payment mode for dialer service is by credit. It is a very convenient and easy way to pay for this service. When the dialer credit runs out, the service would be cut off, you can purchase more if you need to.
c. SUPPORT SERVICES. Lucrativ will provide you access to Lucrativ Client Success Teams including Implementation, On-boarding, Success Management Services, VIP Training Services, Additional Sources Services, Customized Designation Services, Customized Integration Services and Lucrativ’s Support Team for technical support. Lucrativ may change the services offered at its sole discretion from time to time and may offer certain services at an additional fee as set out in the ‘additional services and fees’ section.
Lucrativ may provide such additional services as requested by you and as agreed by the parties. The terms for any such additional services, including the charges and payment terms, will be set forth accordingly in your bill. You will reimburse Lucrativ for all out-of-pocket expenses incurred by Lucrativ in association with the Services provided under this Agreement, but Lucrativ must obtain prior approval from you before incurring any such expenses.
9. Copyrights and DMCA
We respect the intellectual property rights of others. We act in accordance with our interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement by providing the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Our Copyright Agent can be reached at the following address:
Telephone Number: +1 480-351-6295
Address: 2828 N. Central Avenue, 7th Floor, Phoenix, AZ 85004, United States of America
In the event that we receive notice regarding a copyright infringement related to your Member Account, we may cancel your Member Account, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section may be deemed accepted, applicable and compliant with the DMCA, or not, at our sole reasonable discretion. We reserve the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
When using the Services, you may be exposed to Member Content or Third-Party Services from a variety of sources, which may be inaccurate, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. If you believe a Member or any Third-Party Services acted inappropriately or otherwise misused any of the Services, please immediately report such Member and/or Third Party Service to us via our contact information below. You agree that your report shall not impose any responsibility or liability upon us, and that we may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at our sole discretion.
10. Disclaimer of Warranties
We provide the Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty, all to the fullest extent permitted by law. We specifically do not represent or warrant that the Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your visitors or users) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your visitors or users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the Services so please be sure to verify those before using or otherwise engaging them.
We may, at our sole discretion (however we shall have no obligation to do so), screen, monitor and/or edit any Member Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may we be considered as a “publisher” of any Member Content, and we do not in any way endorse any Member Content or assume any liability for any Member Content uploaded, posted, published and/or made available by any Member or any other party on and/or through the Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Member Content. Furthermore, we shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Member Content you or any other party may encounter.
You acknowledge that there are risks in using the Services and/or connecting and/or dealing with any Third-Party Services through or in connection with Services, and that we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
We do not recommend the use of the Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
11. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, we, our officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or Member Content posted, emailed, transmitted, or otherwise made available via the Services; and/or (6) events beyond our reasonable control, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we gave been advised of the possibility of such liabilities.
Changes and Updates: We may change, suspend or terminate any of the Services (or any features thereof, or prices applicable thereto), and/or change any of the terms of the Agreement – at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your Member Account (as further explained above), continue to support your then-current Services without enabling such changes, or provide you with alternative Services.
Governing Law: This Agreement, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to this Agreement, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Jurisdiction: Any and all claims and disputes under this Agreement shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Santa Clara County, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the applicable Site(s), Member Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
Headings: Any heading, caption or section title contained herein, is provided only for convenience, and in no way, defines or explains any section or provision hereof, or legally binds any of us in any way.
Choice of Language: The terms of this Agreement were written in English. If a translated (non-English) version of this Agreement conflicts in any way with their English version, the provisions of the English version shall prevail.
Relationship: This Agreement, your access to the Site(s), and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between us and you.
Entire Agreement: This Agreement and any other legal or fee notices provided to you by us, shall constitute the entire agreement between you and us concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of us in entering into any of the terms of the Agreement.
Assignment: We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of us. Any attempted or actual assignment thereof without our prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either us or you the right to cancel any Services or Third Party Services then in effect.
Severability; No Waiver: If any provision of the Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the terms of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
13. Contact US
To get in touch with our Customer Service – please use any of the options listed below:
Telephone Number: +1 480-351-6295
Address: 2828 N. Central Avenue, 7th Floor, Phoenix, AZ 85004, United States of America