By using Indema's services, you are entering into a legally binding contract with Indema. These Terms of Service govern your use of the services and include the following:

Master Terms
Supplemental Terms
Data Processing Addendum (DPA)
Privacy Notice

Please read these terms carefully. By registering, accessing, browsing, or otherwise using the Indema Services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, do not use the services.

If you are using these terms on behalf of an entity, such as your employer, you represent and warrant that you have the legal authority to bind that entity. By using your employer's or another entity’s email address to register, you are deemed an authorized representative.

Key Definitions

Here are some key terms used in this document:

Account: The primary way to access and use Indema Services, subject to a paid fee.
Administrator: A user with special authorization to manage a Client's account.
Affiliates: Any legal entity that controls, is controlled by, or is under common control with Indema.
Beta Service: A development or pre-release functionality of Indema Services available for testing.
Client: A person or entity that has accepted these terms by using Indema Services.
Client Data: Any data or documents you insert into the platform, such as images, spreadsheets, and text files. Indema acts as a "processor" for this data. It should not contain Sensitive Information.
Content: Any information or data available through Indema Services, including articles, documents, images, and other materials.
Credentials: All usernames, passwords, and access credentials assigned to you and your users.
Feature: A specific function or set of functions within Indema Services.
Fee: The regular payment for using an activated Account.
Feedback: Any comments, bug reports, or suggestions you provide to Indema.
Marketplace: An online directory of applications that work with Indema Services.
Non-Indema Application: A third-party software that works with Indema Services.
Indema: Refers to Indema LLC., Indema UK, or Indema OÜ, as applicable.
Indema Materials: All elements of Indema Services, including visual interfaces, graphics, code, and "look and feel."
Indema Services: The website, platform, content, and all products and features available through the platform.
Plan: The criteria (use, functionality, cost) for a specific service on which the Fee is based.
Plan Term: The period of your service use, from payment to expiration.
Platform: Indema's customer relationship management application and its features.
Privacy Notice: The notice that details how Indema collects, uses, and processes Client Data.
Renewal Date: The date your plan automatically renews.
Reseller: A third party that resells and bills for Indema Services.
Sensitive Information: Credit card numbers, government IDs, health information, or other personal data defined as "special categories of data" under applicable laws.
Sub-processor: Any third party Indema uses to provide its services.
Supplemental Terms: Specific terms for a particular Feature or third-party service.
Terms: The complete Terms of Service, including the Master Terms, Supplemental Terms, DPA, and Privacy Notice.
User: An individual with authorized rights to use the Account on behalf of a Client.
Website: The collection of web documents at www.indema.co and its subdomains.

General Terms

Modifications to Terms and Services

Indema reserves the right to change these terms at its sole discretion. We may notify you of these changes through the platform. Your continued use of the services signifies your acceptance of any modifications.

Indema also reserves the right to modify or discontinue any part of its services at any time, including rebranding, repackaging, or repricing. If you do not accept a modification, you must notify Indema or the Reseller before the effective date, and your account will be terminated.

Your Use of Services

Subject to these terms and payment of the applicable fee, Indema grants you and your users a non-exclusive, non-transferable license to use the services to:

Collect, store, and organize Client Data.
Modify and delete Client Data.
Customize standard features.

Prohibited Activities

You and your users may only use the services in a manner consistent with these terms and applicable law. You may not:

Use the services to commit a crime or illegal action.
Copy, duplicate, or reverse-engineer any part of the services.
Provide false or misleading information.
Act in a defamatory or harassing manner towards Indema.
Use the services without agreeing to these terms.

Without Indema's prior written consent, you may not sell, resell, or distribute the services to any third party, unless that person is a user of the same Client account.

Account Management and Support

Credentials

You are responsible for maintaining the confidentiality of your Credentials. These credentials must not be shared among multiple people but can be reassigned to a new user. Indema may terminate any credentials if it suspects unauthorized use. You must promptly notify Indema of any suspected unauthorized use, a user's departure, or a change in a user's role.

Changing Plans

You can upgrade or downgrade your plan at any time. Your credit card will be automatically charged for the new plan's rate. If you upgrade, any prepaid, unused fees will be applied to the new plan. If you downgrade, you may lose features and data, and no refund will be provided for the price difference.

Technical Support

Indema provides technical support via:

Indema Community & Knowledge Base: Available to all users.
Chat: Available to all users via their Indema Account.
Email: If you are unable to log in, you can reach out to support@indema.co.

If you purchased the services from a Reseller, they will be your first point of contact for technical support.

User Verification

You understand that Indema may require information to confirm your identity and secure your account.

Fees and Payments

Payment Terms

The use of Indema Services is subject to a fee. You will be charged in advance on a monthly or annual basis, depending on your selected plan. Indema may modify fees with at least one month's notice, but the change won't take effect until your next plan renewal.

You authorize Indema to automatically charge your credit card on file on or after the renewal date. You can cancel your plan at any time to avoid the next billing cycle, but all fees are non-refundable, and no refunds or credits will be issued for any reason.

Late Payments

If you do not pay all fees within 29 days of the invoice date, your account will be suspended. You have 180 days to provide an authorized payment method before Indema permanently deletes the account and all Client Data. A late payment interest of 3% per month may be applied.

Payment Authorization

By providing your payment card information, you authorize Indema to pre-authorize your card to verify funds and to charge all applicable fees.

Right to Offset

Indema may offset any payment obligations it has to you against any unpaid fees you owe under this or any other agreement.

Your Data and Intellectual Property

Your Ownership of Client Data

You own all rights, title, and interest in your Client Data. By uploading your data, you are responsible for it and grant Indema the right to process it to provide the services. You are responsible for ensuring that:

Your data doesn't violate these terms or the rights of others.
Your data is not harmful, offensive, or unlawful.
You have the necessary rights to use and process the data.

Sensitive Information

Indema Services are not designed to process Sensitive Information. You agree not to use the services for this purpose. Indema is not liable for any issues that arise from your use of the services to collect or manage Sensitive Information.

Indema’s Rights to Data

Indema may use your Client Data in an aggregated or anonymized format for research, educational, and other purposes. You grant Indema the right to use and analyze aggregate system activity data to optimize and improve the services.

Compelled Disclosure

Indema reserves the right to remove any Client Data from the platform upon receiving a compliant takedown notice, such as a judicial order.

Intellectual Property

Indema owns all intellectual property rights related to the Indema Services, Platform, and all Indema Materials. Your use of the services does not grant you any ownership rights.

If you provide Indema with Feedback, you grant Indema a perpetual, irrevocable, nonexclusive, royalty-free license to use it for any purpose.

Disclaimers and Limitations of Liability

Disclaimers

The Indema Services are provided "as is" and "as available." To the fullest extent permitted by law, Indema disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and reliability.

Indema does not guarantee that the services will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of Liability

Indema is not liable for any consequences resulting from:

Modifications to the terms or services.
Deletion or corruption of your data.
Loss of login credentials.
Differences between technologies or platforms.
Any issues arising from hiring a professional from The Designers Hub.

The total liability of Indema to you will not exceed the total amount you paid for the services in the six months preceding the incident that caused the liability.

Exclusion of Damages

In no event will either party be liable for any lost profits, revenues, or indirect, special, incidental, or consequential damages. This exclusion applies regardless of the legal theory, but does not limit your payment obligations.

Termination and Other Terms

Termination for Convenience

You can terminate these terms at any time by following the cancellation link on the website or by revoking your PayPal billing agreement. Indema can also terminate the terms by discontinuing any service.

Termination for Default

These terms may be terminated with written notice if the other party breaches the agreement and does not cure the breach within 30 days. Indema may terminate with immediate effect if your use of the services is suspected of illegal activity or endangers the property of others.

Effect of Termination

Upon termination, Indema will deactivate and permanently delete your account and all Client Data within six months. You must stop using the services and pay any outstanding amounts. You will not receive a refund of any prepaid fees.

Governing Law and Arbitration

Any dispute arising from or related to these terms will be settled by arbitration in Royal Oak, Michigan, in English, according to the rules of JAMS. The laws of the State of Michigan will govern these terms.

General Provisions

If any part of these terms is found to be invalid, the rest of the terms will remain in effect.
These terms constitute the entire agreement between you and Indema.
You may not assign or transfer these terms without Indema's written consent, but Indema can do so freely.
Failure to enforce any provision does not waive the right to enforce it later.
All notices must be in writing.