1.1 These contract terms shall apply for the use of any Pipedrive application (“software”) of Zimple Oy, Espoo Finland (“Zimple”), offered on the website www.zimple.io, www.zimple.fi (“websites”) or in https://marketplace.pipedrive.com.
1.2 The software is operated by Zimple as web-based SaaS, respectively as a Cloud solution. This allows you to use the software stored and operating on servers of a third-party commissioned by Zimple, via an internet connection during the term of this contract for your own purposes and to store and process your data with the aid of the software.
1.3 These contract terms shall apply exclusively. Your contract terms shall not apply. Counter confirmation from you with reference to your own terms of business are expressly rejected.
1.4 With submission of your order, respectively your registration as user of the software, you agree to these contract terms in the version applicable on conclusion of contract.
1.5 These contract terms shall also apply for future contract relationships.
1.6 You may at any time access, print, download and save these contract terms, even after conclusion of contract, on our websites.
2.1 In order to use our software, you must first register as a Pipedrive user. If the application is integrated to a third-party software, you must have a valid account registered to that application as well.
2.2 With your complete registration, you may install the software from marketplace.pipedrive.com. By installing the addon you are automatically registered as a Zimple Pipedrive addon user. Your Pipedrive account id, email address and name will be stored securely in Zimple’s cloud. Your user information will never be shared to any third-party without your consent.
2.3 Zimple shall accept this registration by activation of your user account for the software. As a result of this acceptance, the contract between you and Zimple shall be concluded.
2.4 “User” is any natural person who is entitled to use the software in accordance with the provisions of these terms. Only persons who stand in relation to you with contracts of service, employment or apprenticeship can be entitled to use the software. Direct or indirect use by other persons shall be prohibited. You warrant that you have secured undertakings of compliance with these terms from all users and insofar shall indemnify Zimple from all claims.
2.5 You shall be obliged to keep the password you selected on registration and all other access data secret and to ensure that any staff granted access to these access data do the same. Zimple will not divulge your password to third parties and shall at no time ask you for your password except when using the software.
Third-party and Pipedrive API tokens are stored and visible for you in the application once it is installed. We will not ask you to input non-disclosed user credentials or api keys in any other means but within the application user interface. Third-party and pipedrive api tokens are stored as hashed strings in our database. They are visible for you in the application when it is installed.
2.6 By representing and advertising products and services on our websites, we provide no binding offer to purchase certain products or services.
3.1 Zimple offers a no-cost version of the application, which is a functional but limited Pipedrive application. Any customization will be agreed upon with a separate purchase order.
4.1 Zimple shall make software in its respective current version available for use at the router point of the data centre in which the server with the software is located (“delivery point”). The software, the processing power and the necessary memory for use shall be made available by Zimple. Zimple is, however, not obliged to ensure the establishment and maintenance of data connection between your systems and the described delivery point.
4.2 Insofar as software operates exclusively on a third-party server commissioned by Zimple, you shall not require copyright exploitation rights to the software, nor shall such rights be conceded to you. Zimple shall, however, grant you the non-exclusive, non-transferable right of use, limited to the duration of the contract, to load the user interface of the software.
4.3 In the absence of an express agreement to the contrary by the parties, the contractually agreed service shall not be made available to third parties.
5.1 As the software is cloud-based, maintenance shall be performed by Zimple. Zimple will inform all users of any planned downtime. In the event of the software being unavailable, Zimple advises the user to contact our support team at support@zimple.fi.
5.2 Zimple points out that limitations or impairments to the services rendered can arise which are beyond the influence of Zimple. These include, in particular, interventions by third parties which do not operate on behalf of Zimple, technical conditions of the internet over which Zimple has no influence, as well as force majeure. Even the hardware and software and technical infrastructure you use can have an impact on services.
5.3 Zimple has the right to change the services offered on its websites at any time and without prior notice or to offer different services.
6.1 For the use of software, you must satisfy the system requirements set down in the product description; you shall bear responsibility in this regard.
6.2 Insofar as you entrust Zimple with protected contents (e.g graphics, brands and other copyright and trademark protected contents), you shall grant Zimple all rights necessary for the performance of its contractual duties. This includes, in particular, the right to make the corresponding contents accessible to the public. Insofar, you warrant that you own all necessary rights to the entrusted material in order that you may properly grant the corresponding rights to Zimple.
6.3 You shall be obliged to comply with applicable laws and third party rights when using the software. In particular, you shall not
6.4 The following actions shall also be prohibited:
6.5 If third party rights are infringed or statutory provisions contravened by the contents you upload or by the use of the software, you shall immediately cease and desist from the use which is contrary to the contractual agreement and/or in breach of statutory provisions.
6.6 You shall hold Zimple free of all claims, including damage claims, which other users or third parties assert against Zimple for infringement of their rights as a result of the contents you upload. You shall further hold Zimple free of all claims, including damage claims, which other users or third parties assert against Zimple for the infringement of their rights as a result of your use of services. You shall assume all reasonable costs arising to us as a result of the infringement of third party rights, including the reasonable cost of legal defence. All further rights and damage claims of Zimple shall remain unaffected.
7.1 The personal data indicated by you on registration shall only be collected, stored, processed and used by Zimple insofar as this is necessary for the performance of contractual duties, in particular for the provision and use of the services offered or where you have consented to the use.
7.2 Zimple is committed to compliance with relevant privacy policy. We refer here to our Privacy policy accessible from any Zimple website.
7.3 Upon detection of potential data-breach, Zimple will inform all of its users and provides them necessary information on how to proceed with user data protection.
8.1 Zimple assumes no responsibility and liability for the contents, data and/or information made available by users of Zimple softwares nor for the contents on linked external websites. In particular, Zimple does not warrant that these contents are accurate, serve a specific purpose nor are able to serve such a purpose.
8.2 Insofar as you notice use of Zimple softwares which is unlawful or in breach of contract (including the use of pseudonyms or deceptive identities), we kindly ask that you notify us of such using the contact form available on the websites.
9.1 You can submit questions or declarations in respect of your contract or with regard to our services at any time via the contact form accessible from all Zimple websites or by e-mail or standard post.
10.1 Zimple shall only be liable for providing a functional software that is in accordance with product specifications defined in Zimple websites or in Pipedrive Marketplace.
10.2 Where damage to you results from the loss of data, Zimple shall not be liable for this insofar as the damage could have been prevented in the case of regular and comprehensive back-up of all relevant data. You shall carry out regular and comprehensive data backup personally or have it done by a third party and shall be solely responsible for this.
11.1 The free version can be terminated at any time without any requirement to specify reason. Please notify us of this using the contact form accessible on any of the Zimple websites and indicate your user name and the e-mail address you have registered on our websites. We will delete your account on request. This will also delete all the stored data in the Zimple’s application.
11.2 The pay versions can be terminated by you or by Zimple without any requirement to specify reason upon notice of fourteen (14) work days to the end of the minimum usage period specified in the registration process or, thereafter, to the end of any extension period. Notice of termination can be submitted using the contact form accessible from any of the Zimple websites, by e-mail or standard post vis-a-vis Zimple, respectively yourself. Notice of termination must indicate user name and the e-mail address registered on Zimple websites.
11.3 The right of both parties to terminate the contract for important reasons shall remain unaffected. An important reason for termination by Zimple shall exist where the continuation of the contract relationship up to expiry of the statutory termination deadline is not reasonable for Zimple, taking into account all circumstances of the individual case and considering the genuine interests of both parties. Important reasons are, in particular, the following events:
11.4 Where an important reason exists, Zimple can impose the following sanctions, irrespective of termination:
11.5 In the event of termination of contract or blocking of access pursuant to this Section, your claim to the reimbursement of any fees paid in advance shall extinguish.
12.1 Amendments and supplements to these contract terms must be made in writing for their validity. This shall apply in particular to an agreement to waive this written form requirement.
12.2 Should individual provisions of these contract terms be or become void, the validity of the remaining provisions shall be unaffected. The parties undertake to replace the invalid provision with the valid provision which comes closest to the economic purpose of the invalid provisions. The same shall apply mutatis mutandis for any lacunae in this agreement.
12.3 Zimple reserves the right to amend these contract terms at any time without stipulating reasons, unless, this is not reasonable for you. We shall inform you of any amendments to these contract terms in good time. In the absence of any objection from you to the validity of the new contract terms within 14 days of notice of amendment, the amended contract terms shall be deemed to have been accepted by you. We shall remind you in the notice of amendment of your right of objection and the significance of the objection deadline.
12.4 In the absence of any agreement to the contrary, you shall be entitled to make all declarations vis-a-vis Zimple by e-mail, using the relevant contact form accessible from any of our websites or by standard post. Zimple shall be entitled to make declarations vis-a-vis yourself by e-mail or by standard post to the addresses which you have indicated as current contact information in your user account.
12.5 This contract shall be governed exclusively by the laws of Finland. The provisions of UN convention on contracts for the international sale of goods shall not apply. The relevant statutory provisions shall apply for local and international jurisdiction.