Terms of service

Terms of Service

Last Updated: April 1, 2025 - Please read these terms carefully before using our services.

Table of Contents

1. Context of this Agreement 2. Service Terms 3. License, Subscriptions and Payment 4. Customer Data 5. Proprietary and Intellectual Property Rights 6. Rights, Restriction 7. Third-Party Sites, Products and Services; Links 8. Warranties and Disclaimers 9. Indemnity 10. Scope of Liability 11. Miscellaneous

I. Context of this Agreement

The terms of service is a legal contract that governs the access to use the KatMando application, an offerings(the Service) between CRMantra, Inc ("CRMantra", "We", "Us") and Client refers to "Customer," "User", "Users", "you" or "your," that in all means referring to the business, organization or entity, Except where you are accessing the Services as an individual, in which case the terms shall apply to you directly.

These Terms, along with any applicable order forms, additional terms, conditions, or policies referenced or incorporated by reference, together form the complete, legally binding agreement ("Agreement") between you and CRMantra. This Agreement becomes effective the first time you sign in to the Service.

If you are accessing or using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. CRMantra reserves the right to update or modify these Terms or the Service at any time. Any changes will take effect once posted on our website or within the Service. Your continued use of the Service after such changes are posted constitutes your acceptance of the revised Terms.

By using the Services, you confirm that you're at least 18 years old, you understand and accept the Agreement, you're legally allowed to use the Services, and (if acting on behalf of a company) you have the authority to bind that company to the Agreement.

II. Service Terms

a. Guidelines:

The specific Services utilized by you will be detailed in the purchase document ("Order"), including the applicable pricing, usage of service, terms and conditions. In the event of any conflict between this Agreement and the Order, the terms outlined in the Order shall take precedence and govern.

b. Account Registration:

  • To access our service, Customer would need to create an account. When the Service is licensed through a company, each licensed user is required to access it using their own individual account.
  • The Customer is responsible for ensuring that all Authorized Users comply with the terms and conditions of this Agreement. Accounts are non-transferable, and sharing is strictly prohibited, and Customer must report any unauthorized access immediately.
  • Additionally, customers are not allowed to create unauthorized accounts other than what is licensed for or collect others' login info, or try to buy, sell, or transfer account details.
  • The Customer is responsible for managing and safeguarding the Salesforce credentials assigned to each individual user. We do not contact individual users to request or share their Salesforce user credentials.
  • As an Authorized User, you acknowledge and agree that (i) all Authorized User accounts are managed by the customer including the ability to assign or remove Authorized Users on a timely basis; and (ii) the Customer retains ownership of all Customer Data created, stored, or uploaded or deleted by its Authorized Users.

c. Support:

Subject to the terms of this Agreement, CRMantra will provide the Customer with adequate technical support for the Service in line with support policy and standard practices. Support can be accessed through the CRMantra Help Portal, at https://katmando.io/support/

d. Refusal or Suspension of Service/ Termination:

We reserve the right, at our sole discretion, to refuse, modify, suspend, or terminate the Service or your Account at any time if we deem it necessary, including in cases of actual or suspected violation of this Agreement.

III. Subscriptions and Payment

We offer multiple subscription options, including:

  • Monthly: Flexibility to cancel anytime, low upfront cost, Paid Monthly.
  • Annual: Cost savings over monthly, long-term access.
  • Freemium plans: Basic features are free; advanced features require a paid subscription.

3.1 Billing, Payment Terms, and Taxes

  • Advance Payment & Proration: Customers must prepay a pro-rated amount for each Authorized User Seat based on the remaining term of access to the Service.
  • Non-Cancellable & Non-Refundable: Unless otherwise stated:
    • Fees are based on the number of Seats purchased, not on actual usage.
    • All payment obligations are non-cancellable, and all fees paid are non-refundable.
  • Billing Disputes: Any discrepancies in billing must be reported within 10 days of the billing statement's closing date.
  • Late Payments:
    • A 1.5% monthly interest (or the maximum rate allowed by law) may be applied on overdue amounts.
    • We may suspend access to the Service with at least 10 days' prior written notice (email acceptable) until full payment is received.
    • These rights will not be exercised if the fees are under a timely and good-faith dispute and the Customer is actively working to resolve the issue.
  • Taxes: Unless otherwise specified, all fees exclude taxes (e.g., VAT, sales, use, withholding). The Customer is responsible for all such taxes. CRMantra will collect applicable taxes unless a valid tax exemption certificate is provided. CRMantra is only responsible for taxes on its own income, property, or employees.

3.2 Payment Methods

  • A valid payment method (credit/debit card) is required unless otherwise agreed in writing.
  • Customer must provide accurate billing info and authorizes CRMantra to charge the designated method.
  • Payments are processed through a third-party provider. We do not retain full financial information.
  • Failed payments may result in suspension of access. An invoice will be issued for manual payment if necessary.

3.3 Auto-Renewal

  • Subscriptions will automatically renew for the same term and plan unless cancelled or modified before the current term ends.
  • The renewal will be charged at the then-current Subscription fee.

3.4 Cancellation by Customer

  • Customers may cancel their paid Subscription at any time through their Account.
  • Upon cancellation:
    • Access may revert to a free version after the current term ends.
    • Outstanding fees for the remainder of the term become immediately due.
    • No refunds are provided unless otherwise required by law.
  • Accounts may also be terminated by request via support@CRMantra.com.

3.5 Cancellation by CRMantra

  • We may suspend or terminate the Subscription or Account at any time for any reason with notice.
  • If termination occurs without cause, a pro-rated refund of unused prepayments will be issued.
  • No refunds will be provided if terminated for cause, including violations of this Agreement.

3.6 Account Inactivity

  • If no login activity is detected for 24 months, the Account may be marked as "inactive" and deleted, including all Customer Data.

3.7 Refunds

  • All payments are non-refundable and non-transferable, unless otherwise required by law or explicitly stated in this Agreement.

3.8 Late Payments

  • Failure to make timely payments may result in suspension, termination, or loss of access to Services.

3.9 Tax Obligations

  • Customers are responsible for all taxes related to their use of the Services.
  • CRMantra will add applicable taxes to invoices as needed.

3.10 Pricing Changes

  • We may change Subscription fees and other pricing at any time.
  • Price changes will apply to the next Subscription Term and advance notice will be provided.
  • Any Promotional pricing is temporary and may not apply to renewals.
  • We reserve the right to repackage or change the cost of the Services, including making free features paid.

3.11 Free Trials

  • Free Trials may be offered and are limited to one use per user.
  • At the end of a Free Trial, the Account may revert to a free version unless upgraded to a paid plan.
  • We reserve the right to modify or revoke Free Trial access at any time.

3.12 Service Refusals & Order Cancellations

  • We may refuse or cancel any Subscription or Order for reasons including service unavailability, errors in pricing, fraud suspicion, or violations of this Agreement.
  • All software subscription purchases are final and non-refundable.
  • Once a subscription is activated or renewed, we do not offer refunds, cancellations, or credits for any unused time or features.
  • We encourage you to review your selected plan and reach out to our team with any questions before completing your purchase.

IV. Data Usage, Ownership & Privacy

4.1 Customer Data

Definition: "Customer Data" refers to any data you submit to CRMantra in connection with your use of the Services.

4.1.1 Representations and Warranties

You represent, warrant, and agree that:

  • (i) Customer Data does not infringe on any third-party rights or violate any laws;
  • (ii) You have obtained all required consents, notices, and permissions to transmit Customer Data and to grant CRMantra the rights set forth in this Agreement;
  • (iii) CRMantra's use of the Customer Data to deliver the Services will not breach any laws, agreements, or third-party rights.

You are solely responsible for the accuracy, legality, quality, and content of your Customer Data.

4.1.2 Ownership

Despite the rights granted to CRMantra to use Customer Data, you retain full ownership of all Customer Data at all times.

4.1.3 Restrictions on Sensitive Data

Our Services are not intended to store or process any of the following types of sensitive information, and you agree not to upload or transmit any such data:

  • Personal health or medical information
  • Financial information
  • Government-issued IDs (e.g., passport, driver's license numbers)
  • Credit card or bank account numbers
  • Security credentials, passwords, or any similar sensitive personal data

CRMantra disclaims all liability for any sensitive data submitted in violation of this provision.

4.2 Aggregate Data

You acknowledge and agree that CRMantra may collect, monitor, and compile data derived from your usage of the Services, including Customer Data, in a de-identified and aggregated form ("Aggregate Data").

  • CRMantra retains full ownership of all rights, title, and interest in the Aggregate Data and may use, transfer, disclose, or commercialize such data for any legitimate business purpose.
  • This right survives the termination or expiration of this Agreement.

4.3 Data Processing Addendum (DPA)

The terms outlined in CRMantra's Data Processing Addendum (DPA) are incorporated into this Agreement and apply if your Customer Data includes any Personal Data, which is defined as:

  • Information identifying or capable of identifying an individual,
  • That is part of Customer Data, and
  • Is protected under applicable Data Protection Laws (as defined in the DPA).

The DPA describes how CRMantra processes such Personal Data in connection with the Services.

V. Proprietary and Intellectual Property Rights

The Services—including all associated content and materials—are owned and operated by CRMantra, or, where expressly indicated, by other third-party providers.

5.1 Definition of Materials

“Materials” refers to all components of the Services, including but not limited to:

  • Content, images, illustrations, icons, video clips, photographs, and designs
  • Product names, service names, trademarks, and trade dress
  • Source code, object code, HTML, queries, algorithms, and format
  • Typefaces, graphics, visual interfaces, and compilation
  • The overall design, layout, and “look and feel” of the Services

All Materials, including their selection and arrangement, as well as all related intellectual property rights, are protected under:

  • United States laws (e.g., copyright, trademark, patent, trade dress)
  • International conventions and treaties
  • Other applicable laws governing intellectual property and proprietary rights

These Materials are the exclusive property of CRMantra, its affiliates, subsidiaries, or third-party licensors. No implied licenses are granted under this Agreement.

5.2 Usage Restrictions

Unless expressly authorized by CRMantra in writing, you may not:

  • Sell, license, distribute, or publicly perform/display the Materials
  • Copy, modify, publish, adapt, or create derivative works
  • Transmit or otherwise use the Materials for any unauthorized purposes

As between the parties, CRMantra retains all rights, title, and interest in and to the Services and Materials.

VI. Rights, Restriction

6. Acceptable Use Guidelines

By using the Services, you acknowledge and agree to comply with the following usage rules ("Guidelines"). You agree that you will not:

A. Prohibited Conduct Toward Others

  • 6.1.1 Use the Services to stalk, harass, abuse, defame, threaten, or defraud CRMantra or any other users.
  • 6.1.4 Make unsolicited offers, advertisements, or spam communications to other users (e.g., bulk messages, surveys, petitions, or promotions).
  • 6.1.5 Impersonate another person or entity, or falsely claim an affiliation.
  • 6.1.9 Share content that is defamatory, obscene, hateful, abusive, threatening, harassing, misleading, offensive, or otherwise inappropriate.
  • 6.1.13 Hold CRMantra liable for your own use or misuse of the Services.

B. Security and Integrity Violations

  • 6.1.7 Disable, damage, or interfere with any security-related features of the Services.
  • 6.1.8 Intentionally disrupt the Services through harmful code (e.g., viruses, worms, spyware, trojans, keyloggers, etc.).
  • 6.1.11 Attempt unauthorized access to the Services, systems, or networks via hacking, password mining, or other means.
  • 6.1.12 Hack, spam, or phish the Services or its users.

7.2 Reporting Violations

If you encounter inappropriate behavior or content that violates these Guidelines or this Agreement, please report it by emailing support@crmantra.com. CRMantra reserves the right, in its sole discretion, to suspend or permanently deny access to the Services for any user, with or without notice.

VII. Third-Party Sites, Products and Services; Links

No additional content was provided for this section.

VIII. Warranties and Disclaimers

8.1 Service Warranty

CRMantra warrants that during the applicable Subscription Term:

  • (i) The Service will perform substantially in accordance with its documentation;
  • (ii) The Service’s functionality will not be materially reduced during the Term;
  • (iii) Any Related Services will be performed in a competent and professional manner.

Customer's sole and exclusive remedy for any breach of the above warranties shall be:

  • CRMantra will re-perform the applicable service or correct the non-conformity in the Service; or
  • If CRMantra cannot correct the issue or re-perform the service, Customer may terminate the affected Purchase Order and CRMantra will issue a pro-rated refund of any prepaid fees for the remainder of the Term.

These warranties do not apply in cases of:

  • Misuse or unauthorized modification of the Service;
  • Issues caused by third-party products or any services not provided directly by CRMantra.

8.2 Mutual Representations and Warranties

Each party represents and warrants that:

  • (i) It has full corporate authority to enter into and perform under this Agreement;
  • (ii) It is duly organized, validly existing, and in good standing under the laws of its jurisdiction;
  • (iii) It will comply with all applicable laws and regulations in fulfilling its obligations;
  • (iv) It (and, for Customer, its Affiliates and Authorized Users) is not listed on any governmental or export control exclusion lists.

8.3 Disclaimer of Warranties

Except as expressly stated in this Agreement:

  • Neither party makes any warranties, express, implied, statutory, or otherwise.
  • All implied warranties are disclaimed, including but not limited to:
    • Merchantability
    • Fitness for a particular purpose
    • Non-infringement
    • Service availability, accuracy, or error correction
    • Any warranties arising from course of dealing, performance, or usage of trade

This disclaimer shall apply to the fullest extent permitted by applicable law.

CRMantra and its suppliers, licensors, and business partners do not warrant that:

  • The Services will operate uninterrupted or error-free,
  • Any defects will be corrected, or
  • The Services are free of viruses or other harmful components.

IX. Indemnity

9.1 Indemnification by CRMantra

If you are a paying customer, CRMantra agrees to hold you harmless from any third-party liability resulting from claims that the Services infringe a United States patent, copyright, or misappropriate a trade secret. This obligation is conditional upon:

  • Your prompt notification to CRMantra of any such threats, claims, or proceedings,
  • Your reasonable cooperation, and
  • CRMantra being given the sole control over the defense and settlement of the claim.

CRMantra is not liable for any settlement that it does not approve in writing.

This indemnity does not apply if the claim arises from:

  1. Components of the Services not provided by CRMantra,
  2. Services created based on your specifications,
  3. Services that have been modified by you after delivery,
  4. Use in combination with other products, processes, or materials that create the alleged infringement,
  5. Your continued use of the Services after being notified of potential infringement, or
  6. Use of the Services not in accordance with this Agreement.

If the Services are found (or believed by CRMantra) to infringe, CRMantra may, at its option and expense:

  • (a) Modify or replace the Services with substantially similar functionality that is non-infringing,
  • (b) Obtain a license for your continued use of the Services, or
  • (c) If neither is commercially practicable, terminate the Agreement and your rights, and issue a refund of any prepaid, unused fees.

9.2 Indemnification by You

You agree to indemnify, defend, and hold harmless CRMantra, including its affiliates, contractors, employees, directors, officers, agents, suppliers, licensors, and partners, from and against any and all claims, actions, losses, damages, costs, and liabilities (including attorneys’ fees) arising out of or related to:

  1. Your use or misuse of the Services,
  2. Any allegation that your uploaded data violates any applicable law,
  3. Any violation of the rights of another person or entity,
  4. Any allegation that your data infringes or misappropriates intellectual property or proprietary rights of a third party, or
  5. Any breach of this Agreement or the usage Guidelines.

CRMantra reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate with CRMantra in such defense.

9.3 Mitigation of Infringement

If the Services become the subject of a Claim Against Customer, or if CRMantra reasonably believes such a claim or an injunction is likely, CRMantra may, at its sole discretion and at no cost to Customer:

  1. Modify the Services so that they are no longer alleged to infringe or misappropriate, while maintaining substantially equivalent functionality;
  2. Obtain a license permitting Customer’s continued use of the Services in accordance with this Agreement; or
  3. If neither option (i) nor (ii) is commercially reasonable in CRMantra’s judgment, terminate the affected Service subscriptions with thirty (30) days’ written notice and refund any prepaid fees covering the remaining Term after the effective date of termination.

9.4 Exclusions from Indemnification

CRMantra’s defense and indemnification obligations under Sections 8.1 and 8.2 shall not apply if:

  1. The claim fails to specifically allege that the Services are the basis for the Claim Against Customer;
  2. The claim arises from the Customer’s use of Third-Party Products, or the combination of the Services with any software, hardware, data, or processes not provided by CRMantra, to the extent the alleged infringement would not have occurred without such combination; or
  3. The claim results from Customer Indemnitees’ breach of this Agreement.

9.5 Indemnification by Customer

Customer agrees to defend CRMantra and its Affiliates (“CRMantra Indemnitees”) against any third-party claim, demand, suit, or proceeding alleging that Customer Data infringes or misappropriates such third party’s intellectual property or privacy rights, or violates applicable laws, or arises from any use of the Services by Customer, its Affiliates, or Authorized Users in breach of this Agreement (a “Claim Against CRMantra”). Customer shall indemnify CRMantra Indemnitees against any damages, attorney’s fees, and costs awarded as a result of, or required to be paid under a court-approved settlement of, a Claim Against CRMantra, provided that CRMantra:

  • Promptly notifies Customer in writing of the claim;
  • Grants Customer sole control of the defense and settlement (except that Customer may not settle any Claim Against CRMantra involving an admission of liability, wrongdoing, or any obligation on CRMantra without CRMantra’s prior written consent); and
  • Provides reasonable assistance at Customer’s expense.

9.6 Exclusive Remedies

This Section 8 sets forth:

  1. CRMantra’s entire liability and Customer’s sole and exclusive remedy for any actual or alleged infringement of intellectual property rights, including patents, copyrights, trademarks, or trade secrets, by the Services; and
  2. Customer’s entire liability and CRMantra’s sole and exclusive remedy for any Claims Against CRMantra.

IX. Scope of Liability

You acknowledge and agree that under no circumstances, including negligence, shall CRMantra, its affiliates, or any of their respective contractors, employees, directors, officers, agents, suppliers, licensors, or business partners be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages. This applies even if CRMantra or an authorized representative has been advised of the possibility of such damages.

You further agree that the limitations of liability set forth in this Section 14 shall survive the termination or expiration of this Agreement and shall apply even if any limited remedy specified herein is deemed to have failed in its essential purpose.

10.1 Assignment

Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party; provided, however, that such consent shall not be required for an assignment of this Agreement in its entirety (i) to an Affiliate capable of fulfilling the assigning party’s obligations under this Agreement, or (ii) in connection with a merger, acquisition, or sale of all or substantially all of the assigning party’s assets. Any assignment in violation of this Section shall be void ab initio. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

10.2 Attorneys’ Fees

In the event of any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief to which it may be entitled. For purposes of this section, "prevailing party" includes a party that secures relief through dismissal in exchange for payment, performance, or other consideration substantially equivalent to the relief sought.

10.3 Customer Identification

CRMantra may identify Customer, including use of Customer’s name, logo, and trademarks, on CRMantra’s website and in marketing materials, for the sole purpose of identifying Customer as a user of the Services.

10.4 Force Majeure

Except with respect to payment obligations, neither party shall be liable for any failure or delay in performance under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, labor disputes, shortages, civil disturbances, war, terrorism, governmental actions, or failure of suppliers or internet service providers.

10.5 Future Features and Functions

Customer acknowledges that any Services features or functionality referenced in CRMantra’s website, marketing, or other communications that are not currently available or generally released (GA) are not guaranteed to be delivered. The development and timing of any such features remains at CRMantra’s sole discretion. Customer agrees to purchase the Services based solely on the current, generally available features at the time of entering into an Order Form.

10.6 Governing Law and Venue; Equitable Relief

This Agreement shall be governed by the laws of the State of California, excluding its conflict of laws principles. The parties agree that any disputes not resolved in good faith shall be subject to the exclusive jurisdiction of the state and federal courts located in San Mateo or San Francisco County, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

10.7 Notices

All notices under this Agreement must be in writing and shall be deemed duly given: (i) upon receipt, if delivered personally or by certified or registered mail with return receipt; (ii) upon confirmation of delivery, if sent by email; or (iii) the day after dispatch, if sent by a recognized overnight courier service. Notices to CRMantra may be sent to legal@CRMantra.com. Either party may update its notice address by providing written notice in accordance with this Section.

10.8 Relationship of the Parties

The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has authority to bind or obligate the other in any manner.