TERMS OF USE

These Terms of Use (the “Terms”), including our Privacy Policy, govern your use of the MessageInSky software platform that was created by InSky Solutions Inc., (“InSky”). Provided you agree to, and comply with, these Terms, InSky grants you a license to use the MessageInSky for the purpose of integrating various CRM functions, features, and tools (the “Tools”) for communications with your contacts or emplyees. If you do not agree with or are not willing to comply with any portion of these Terms, do not download or use the MessageInSky.

ACCEPTANCE OF TERMS

The terms and conditions outlined in these Terms govern all matters related to your installation and use of the MessageInSky and supersede all other agreements, representations, warranties and understandings with respect to the MessageInSky. By entering into these Terms electronically, you agree that these Terms have the same force and effect as an agreement made in writing and that InSky may provide you with any notices and terms about the MessageInSky electronically by posting such notice on the Site.

UPDATE AND MODIFICATION OF THE TERMS

You agree that InSky is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the MessageInSky (each an “Update”). However, in the event InSky decides to offer an Update, you agree that InSky may amend these Terms in connection with such Update without specific notice to you and that your installation and use of the Update is conditioned upon your acceptance of any revised Terms. The current version of these Terms will be posted at www.inskysolutions.com (the “Site”) and you are responsible for reviewing the version of the Terms available at the Site before installing an Update. By installing an Update, you are representing that you have reviewed the then-current version of the Terms at the Site and agree to be bound by such version. You may not install any Update unless you agree to the then-current version of the Terms.

OWNERSHIP RIGHTS AND LICENSE

As between you and InSky, the MessageInSky, and all content (except for Stored Information and Third Party Content as described below) contained within the MessageInSky, is and shall remain the sole property of InSky and is subject to protection under Croatia and foreign copyright laws.

All third-party information (such as email accounts, calendars, cloud storage servers, audio files, images, or other third party materials) that you may have access to by using the MessageInSky (“Third-Party Content”) may be protected by intellectual property rights that are owned by the individual or entity from which such Third Party Content originated. InSky reserves the right (but has no obligation) to filter or refuse to transmit any Third-Party Content via the MessageInSky. You may be exposed to Third-Party Content that is offensive, indecent or objectionable or which violates the proprietary, intellectual property, or privacy rights of a third party.

The MessageInSky allows you to integrate the Tools with Microsoft Dynamics 365 in order to access and use certain information and data that you store in, such as phone number and contacts (“Stored Information”). As between you and InSky, you retain all ownership of and liability and responsibility for your Stored Information and you are solely responsible for the content of all communications made by or to you through your use of the MessageInSky. You agree that your use of the MessageInSky to communicate with any third parties is at your own risk.

PERMISSION TO ACCESS THIRD PARTY CONTENT AND STORED INFORMATION

By integrating the Tools with any of your accounts with a Third Party Service (“Third Party Account”), you are directing and expressly authorizing InSky to (a) access your Third Party Account, and (b) make a copy of all Stored Information available via such Third Party Account and store that copy of your Stored Information on servers owned or operated by or on behalf of InSky. You agree that the storage, use, and disclosure, of your Third Party Content and Stored Information shall be governed by the InSky Privacy Policy, which is available here and is hereby incorporated into these Terms. BY INTEGRATING THE TOOLS WITH A THIRD PARTY ACCOUNT, YOU WAIVE ANY CLAIM THAT INSKY’S ACCESS OF SUCH THIRD PARTY ACCOUNT OR ANY STORED INFORMATION IS UNAUTHORIZED OR UNLAWFUL.

USER CONDUCT AND COMPLIANCE WITH LAWS

You agree that InSky does not provide and is not responsible for any aspect of any Third Party Service. You acknowledge and agree that InSky has no control over the availability, performance, or any other practices of any Third Party Service.

As between you and InSky, you are solely responsible for your use of any Third Party Service and for the content of all communications made by or to you through your use of any Third Party Service, and for all activity with respect to your use of the MessageInSky, including any unauthorized use of your Third Party Service accounts by any third party.

You shall use the MessageInSky only in compliance with applicable local, state, federal, and international law and all regulations, policies and procedures of the applicable Third Party Service. You agree that you will not use the MessageInSky or any Third Party Service to (a) engage in any communications that are unlawful, harassing, defamatory, offensive, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, (b) encourage or engage in any criminal conduct, conduct that could give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation, (c) gain or attempt to gain unauthorized access to other computer systems, or (d) interfere with any other person’s use and enjoyment of the MessageInSky or any Third Party Service.

CONSENT TO USE THIRD-PARTY INFORMATION

By signing the Application Form and/or Registration Request, you give consent to InSky to use, process and record your personal data, including Citizen's Unique Identification Number /JMBG/ and Tax File Number /PIN/ in its official records. By signing the Application Form, you also give your consent to InSky, accordingly to the regulations in force, and especially to Personal Data Protection Law, to be able to give yours personal data given in Application Form to financial institutions, credit banks or companies registered for the collection of claims, companies registered for credit ability checks, and public communication services operators, for the purpose of checking your financial solvency, collection of claims due that have not been settled, mitigation of risk from possible incurred damage and the protection of you and of InSky, and reduction of future debt and implementation of the risk mitigation principle. The costs associated with the forwarding of yours personal data for the purposes defined in this Item shall not be borne by you. You also agrees that InSky may forward personal data stated in Application Form to operators providing services over the MessageInSky platform, and which services are used by you, for the purpose of charging and collecting the amounts charged for the services provided by these operators, as well as for the purpose of dealing with possible your’s complaints regarding quality and/or price of the services provided. The purposes for which you give your’s consent by signing the Application Form are listed in the Application Form and in these Terms of Use. If at any point in time you decide to withdraw your consent to use personal data without a valid explanation, InSky reserves the right to terminate relationship with immediate effect.

The MessageInSky provides you the ability to store and process personal contact and other personally identifiable information regarding your customers, prospective customers, business contacts, and other third parties (“Third-Party Information,” as defined in the Privacy Policy).

In addition, InSky provides you with tools through which you may direct the MessageInSky to send SMS and other to your customers, prospective customers, business contacts, and other third parties (“Third Parties,” as defined in the Privacy Policy). When sending such SMS or other, we may embed tracking technology in such communications in order to provide you with insights regarding the recipients’ interactions with such communications.

Depending on the circumstances, some or all of the Third-Party Information you may choose to provide to InSky may be regulated under data privacy and security laws. These laws may restrict your rights to transfer such information to InSky or to authorize InSky to store and process such information through the MessageInSky. In addition, applicable data privacy and security laws may restrict your right to authorize InSky to send SMS or other communications to certain Policies or for InSky to collect analytics regarding such information through tracking technologies.

InSky must rely in its users – you – only to provide InSky access to Third-Party Information in a manner that would not violate applicable data privacy and security laws, or other applicable law, or otherwise infringe the rights of any Third Party. In addition, InSky must rely on you only to authorize the MessageInSky to send SMS and other communications to Third Parties if InSky’s sending such electronic communications would not violate any applicable law or infringe the rights of any Third Party, bearing in mind that such communications will contain tracking technologies as described above.

You represent and warrant that: 1) you understand that InSky, and any systems used by InSky to store and process Third-Party Information provided to InSky by you or at your direction, are located in Croatia; 2) you will not provide InSky with access, to any Third-Party Information the transfer of which or provision of access to InSky will result in a violation of applicable law or infringement of any right of any Third Party; 3) InSky’s processing of Third-Party Information provided to InSky by you or at your direction will not violate any applicable law or infringe the rights of any Third Party; 4) InSky’s sending of SMS or other communications to Third Parties at your direction, including SMS and communications containing tracking technology, will not violate applicable law or infringe the rights of any Third Party; and 5) if required under applicable law, you have the necessary consent or other authority to transfer the Third-Party Information to InSky and to authorize InSky to store and process such Third-Party Information consistent with this Terms of Service and the Privacy Policy, or otherwise in such manner as you direct through your use of the MessageInSky.

PAYMENT AND CHARGES

To the extent that any aspect of a Third Party Service imposes any fees, tariffs, charges, or surcharges (“Fees”), for use of its facilities, you agree that, as between you and InSky, you are solely responsible for paying all such Fees. YOU AGREE TO INDEMNIFY, RELEASE, DEFEND, AND HOLD HARMLESS INSKY AGAINST ANY CLAIMS RELATED TO OR ARISING OUT OF ANY FAILURE OR DELAY BY YOU IN PAYING ANY FEES TO ANY THIRD PARTY SERVICE YOU DESIGNATE.

NO ARCHIVE

Although InSky makes a copy of your Stored Information and Third Party Content, including SMS, contact information, customer notes, telephone numbers, and other customer related information for the purpose of providing the MessageInSky, you acknowledge and agree that the MessageInSky is not intended to be relied upon as an archive. InSky shall have no liability to you or any other person for deletion of or failure to store any Stored Information and you are solely responsible for preventing any loss or damage to your User Data and for maintaining independent archival and backup copies of your User Data, including within the applicable Third Party Service. INSKY ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER ANY USER DATA. YOU RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS MESSAGEINSKY FROM ANY CLAIM RELATED TO DELETION OR FAILURE TO KEEP A COPY ANY STORED INFORMATION, INCLUDING IN CONNECTION WITH ANY RECORD KEEPING REQUIREMENTS IMPOSED BY ANY LAWS, RULES, REGULATIONS, OR SELF-REGULATORY INDUSTRY STANDARDS.

TERMINATION

These Terms are effective until terminated by you or InSky. Your rights under these Terms will terminate automatically without notice from InSky if you fail to comply with any term(s) of this license. Upon termination of these Terms you shall cease all use of the MessageInSky, and destroy all copies, full or partial, of the MessageInSky.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE MESSAGEINSKY IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MESSAGEINSKY AND ANY content or information PROVIDED BY THE MESSAGEINSKY ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INSKY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MESSAGEINSKY AND ANY content or information PROVIDED BY THE MESSAGEINSKY, EITHER EXPRESS, IMPLIED OR STATUTORY THIS INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INSKY DOES NOT WARRANT THAT THE MESSAGEINSKY OR ANY CONTENT PROVIDED BY THE MESSAGEINSKY WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MESSAGEINSKY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MESSAGEINSKY WILL BE CORRECTED, or that ANY THIRD PARTY service will be available. INSKY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INSKY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INSKY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROPERTY DAMAGE OR INJURY TO ANY PERSON, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MESSAGEINSKY or ANY THIRD PARTY service, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF INSKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall InSky’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed THE FEES ACTUALLY PAID BY YOU IN THE three (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

APPLICABLE LAW

All claims related to the Website shall be submitted and interpreted according to legislation in force in Croatia, without consideration to provisions in matters of conflicts of laws. The courts in Zagreb are exclusively competent for any litigation concerning these Terms.