CreamSoda Terms of Service

1. Object

CreamSoda is a technology company that offers customer relationship management services and that develops and manages a configurable technology platform (the "Platform") for businesses, professionals and organizations worldwide (each a "Customer," also referred to in the Services as a "Tenant"). Customers may manage relationships and business activities, including buying and selling products or services, through web or mobile access.

CreamSoda has developed a Platform through which a variety of businesses, with which CreamSoda may have in place a commercial agreement for the use of the Platform, can publish or accept offers for product or service sales and track purchases and sales deals along with their customer and supplier information. The Platform may analyze sales data and users' sales history to support business relationships, customer retention and sales decisions; particular business results are not guaranteed.

The Services may also support contacts, forms, bookings, communications, marketing, workflows, invoices, payments, integrations, reporting and other customer-configured activities across industries. Availability depends on the purchased plan, enabled features and applicable technical arrangements. "Order" means an order form, checkout selection or other service order accepted by the Customer and Inka Inc. The Services are software and related services; Inka Inc. does not become a party to the Customer's transactions merely because they are recorded or facilitated through the Platform.

2. Terms of Services

By accessing the Platform and creating or using an account after being presented with these Terms, you agree to these Terms and acknowledge the Privacy Policy. Separate consent is obtained where legally required for optional activities; acceptance of these Terms does not by itself constitute that consent.

If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization. In that case, "Customer" means that organization. If you use the Services for your own business or professional purposes, you are the Customer.

The Customer, its administrators and its authorized users may be the same person. An individual's access to an account does not, by itself, authorize that individual to buy additional services, bind another organization or approve a marketing launch. The Customer must designate appropriate purchasing and operational authority and is responsible for instructions given within that authority. Specific final-action authorization is addressed in Section 9.4.

3. Registration Obligations

You may be required to register with CreamSoda in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

CreamSoda accounts and direct account access are intended for individuals aged 18 or older. Individuals under 18 must not independently register for or access an account. This restriction is separate from information about minors that a Customer may lawfully manage through customer-configured records, forms or workflows, subject to Section 8 and the Privacy Policy. Customers must use the Services for business, organizational or professional purposes.

4. Member Account, Password and Security.

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify CreamSoda of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service.

To the maximum extent permitted by law and subject to Section 16, CreamSoda will not be liable for loss or damage arising from your failure to comply with this Section.

The Customer is responsible for selecting its administrators, granting and revoking user access, maintaining current contact details, securing connected accounts and credentials, and reviewing automated instructions. It must promptly remove access when no longer authorized. Inka Inc. may rely on instructions from a Customer-designated administrator within that administrator's actual or apparent authority, subject to reasonable verification where appropriate and applicable law. Inka Inc. may require information before acting on disputed account-control or ownership requests and is not obliged to adjudicate internal organizational disputes.

5. Modifications to Service

CreamSoda reserves the right to modify or discontinue, temporarily or permanently, the Services or any part of them, subject to applicable law, these Terms and any express commitments in an accepted Order. Routine updates, maintenance, emergency security measures and changes needed to comply with law may occur with or without advance notice. Where reasonably practicable, we will provide advance notice of a material reduction or discontinuation affecting a paid Service.

You understand and agree that the Platform may have technical imperfections, including bugs, errors, delays and interruptions, despite our efforts to improve its reliability. We do not promise that every imperfection will be corrected or that every proposed feature will be delivered. Subject to Section 16 and applicable law, CreamSoda will not be liable for modification, suspension or discontinuance permitted by these Terms.

6. General Practices Regarding Use and Storage

Storage capacity, file sizes, user numbers, email volumes, automation activity, AI usage and other limits depend on the applicable plan, Order and technical restrictions. The Customer must comply with those limits and must not circumvent them. Additional capacity or usage-based charges apply only as disclosed in the applicable plan, Order or an authorized purchase.

The Customer determines what Customer Content to retain and must keep copies appropriate to its business, legal and continuity requirements. Customer Content means information, communications, files, records and other materials that the Customer or its authorized users enter, upload, create, import, receive, share or otherwise process through the Services. It includes Client Data described in the Privacy Policy.

Export before access ends. The Customer must retrieve or export the Customer Content it wishes to keep before its subscription or other right of access expires or terminates, using available functionality. Export formats and scope depend on the relevant feature; no complete automatic export of every record, attachment, relationship or setting is promised. If assistance is needed, the Customer must request it before access ends. Assistance is subject to availability, an agreed scope and any separately agreed charges.

Access is not provided after termination or expiry unless Inka Inc. separately agrees or applicable law requires otherwise. Cancellation of renewal does not itself delete the workspace. Removing a user, cancelling billing, closing a workspace, deleting an individual record and disconnecting an integration are different actions with different effects.

Retention, deletion, backups, legal holds and third-party copies are addressed in the Privacy Policy. Expiry or termination does not mean immediate deletion from every system or backup. Nothing in this Section limits applicable statutory information-access or other mandatory rights.

7. Mobile Services

The Services may be available via a mobile device, including (i) browsing the Services and Website from a mobile device and (ii), where offered, accessing features through a downloaded application (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.

In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

8. Conditions of Use

User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by CreamSoda.

CreamSoda reserves the right to investigate and take appropriate legal action against anyone who, in CreamSoda’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to Post, email or otherwise transmit any Content that:

1. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;
3. infringes any intellectual property or other proprietary rights of any party;
4. constitutes unlawful or unauthorized advertising, promotional materials, commercial activities, sales, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or other unlawful solicitation;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. in the sole judgment of CreamSoda, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose CreamSoda or its users to any harm or liability of any type;
7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. unlawfully collect, solicit, use or disclose information about a minor, including without any required parental authorization, notices or safeguards;
9. harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
10. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
12. or violate any applicable local, state, national or international law, or any regulations having the force of law;
13. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
14. or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Canadian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your sole risk.

Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable Content.

Commercial Use. Subject to these Terms and the applicable plan, CreamSoda authorizes the Customer and its authorized users to access and use the Services for the Customer's business, organizational or professional purposes, including intended customer-facing forms, bookings, communications and public sharing. This permission does not authorize resale, sublicensing or commercial exploitation of the software or access to the Services as a separate service without Inka Inc.'s written agreement. Restrictions protecting the software and service content do not prevent lawful use or export of the Customer's own Customer Content.

Customer compliance responsibilities. CreamSoda provides configurable functionality that may assist Customers in meeting privacy, data-protection and electronic-marketing requirements, including PIPEDA, GDPR, CASL and CAN-SPAM where applicable. Compliance of the Customer's activities depends on the Customer's lawful decisions, configuration and use. CreamSoda does not provide legal advice, compliance certification or a guarantee that enabling a feature establishes compliance.

The Customer is responsible for its recipient lists, legal authority for collection and communications, required notices, consent or other processing records, tracking choices, message content, unsubscribe and suppression settings, user permissions, retention decisions and responses to requests concerning information under its control. The Customer must review those settings and must not disable legally required safeguards. Inka Inc. does not independently certify the lawfulness of Customer Content or the Customer's activities. Nothing excludes duties imposed directly on Inka Inc. by applicable law.

Where the Customer handles sensitive information or information about minors, it must determine whether the Services and available safeguards are suitable and obtain any required permissions, parental authorization or other legal authority. The Services do not constitute approval for a regulated use or replace professional judgment or emergency services.

9. Notable Features

9.1 Platform Features

Depending on the plan and enabled functionality, the Services may include the following:

• Ability to send emails using CreamSoda Mail or customer-connected email services, subject to Section 9.2, the applicable plan and provider restrictions.
• Platform users have the technical possibility to synchronize supported personal or corporate email, calendar and contact accounts with CreamSoda. Such synchronization allows users to:
  • see supported connected-account emails within the Platform;
  • link supported corporate email accounts to the Platform, allowing the system to process incoming and outgoing emails within the permissions granted and link relevant information to the Customer's account;
  • turn on sent e-mail tracking feature, which allows users to find out the recipient’s IP address and the time when a recipient opens a tracked email;
  • automatically schedule meetings/tasks and synchronize them with users’ accounts. Notifications may be sent out to an external customer/supplier in case if a meeting is created, updated or cancelled.
• Notification feature that allows notifying users and Tenants about business partners, which experience abnormal number of claims or shipment delays.
• Sentiment-analysis functionality that may allow users to monitor and identify the tone of comments, emails and notes where available. Availability depends on the relevant plan and enabled functionality, and any AI processing remains subject to Section 9.3.
• Customer management service that allows the CreamSoda system to automatically manage Tenants’ offers and deals, analyze pricing information, intelligently perform data entries with offers made on Tenants’ behalf and track deals status, claims and deal profitability.
• Data storage service that allows storing information that is relevant to a Tenant, its representatives, offers, deals and products. File storage capacity depends on the subscription package purchased.

9.2 Email and Communications

Email features may include Individual Mail for user-composed messages, Bulk Mail for selected recipient groups, Sequences for scheduled or triggered emails and follow-ups, and CreamSoda Mail as a sending option. Message type, delivery method, volumes, automation availability, sending rates and other allowances depend on the applicable plan, enabled integrations and technical restrictions. A feature's availability does not grant unlimited sending or permission to send unlawful communications.

The Customer is responsible for selecting an appropriate sender and delivery method, securing connected accounts, maintaining required domain authentication and reviewing recipients, content, timing, tracking and suppression settings. Sequences and other automations may act on previously configured instructions without a further approval prompt for each action. The Customer must test those instructions and deactivate or amend them when no longer appropriate.

Sending, acceptance by a provider or a recorded tracking event does not guarantee delivery, inbox placement, reading, human engagement or campaign results. Provider filtering, limits, security scanners and recipient settings may affect delivery and tracking. CreamSoda may restrict or suspend sending to address suspected abuse, security risks, unlawful activity or provider restrictions, subject to applicable law.

9.3 AI Functionality

The Services may include AI-assisted writing, content generation, business tools and other automated functionality. Current AI features are intended for use without personal information that directly or indirectly identifies an individual. Do not submit identifiable customer records, emails, session notes or other identifying personal information to current AI features. Remove identifying information before submitting content, including when using any available sentiment-analysis functionality.

AI inputs may be transmitted to external AI providers, and certain tools may use external search, image-generation or embedded services. Relevant provider arrangements and practices may differ. Automated removal or masking, where available, may miss identifiers and is not a guarantee that submitted information is anonymous or suitable for processing. The Customer remains responsible for preparing inputs and complying with these restrictions; the availability of a tool does not authorize automatic use of identifiable CRM records in AI.

AI outputs may be inaccurate, incomplete, non-unique or unsuitable. The Customer must review outputs for accuracy, rights, legality and suitability before use. CreamSoda does not guarantee accuracy, completeness, confidentiality beyond applicable commitments, non-infringement, exclusivity, business results or regulatory suitability of AI outputs. Any rights to use outputs are subject to applicable law and relevant provider arrangements. Feature availability, models and usage limits may change as permitted by these Terms. Material future changes involving personal-information processing remain subject to applicable notice, consent and contractual requirements.

9.4 Onboarding, Configuration and Marketing Setup Assistance

Inka Inc. may provide separately agreed onboarding, configuration, migration or marketing setup assistance. The accepted Order or services agreement must identify the scope, deliverables, fees, dependencies and any authorized third-party costs. Work outside that scope, additional revisions and ongoing campaign management require separate agreement. The Customer must supply timely, accurate materials, permissions, account access and decisions needed for the work.

The Customer is responsible for the lawfulness, accuracy and permitted use of supplied content, contact lists and instructions. Inka Inc. may access that information to perform the agreed work. Migration or setup assistance does not guarantee that every source record, field, relationship, attachment or configuration can be transferred or reproduced.

The Customer must review, test and approve the resulting configuration, recipient lists, content, permissions and launch settings before activation, publication or sending. Unless an accepted services agreement expressly authorizes Inka Inc. to perform a final action on the Customer's behalf, the Customer performs that action. Any final action by Inka Inc. requires prior Customer authorization. Authorization can cover a defined campaign or automated workflow; it does not authorize unrelated activities.

The Customer remains responsible for its business and compliance decisions, final approvals, approved advertising spend and third-party charges. Setup assistance is technical assistance, not legal approval, compliance certification or a guarantee of delivery, leads, sales, revenue or campaign performance. Contractual liability for this assistance is limited separately under Section 16.2. These provisions do not exclude Inka Inc.'s own non-excludable legal obligations.

10. Payment Terms

CreamSoda users can access the Platform on free-of-charge or on paid basis. Paid access to the Platform may be given based on different recurring subscription plans, which are provided on the Website.

Based on their subscription level, Tenants will get access to different Platform features and will be able to grant different access rights to their employees, contractors or representatives, which are Platform users acting on behalf and in the interest of the respective Tenant. Each Platform user can have one or several roles.

10.1 Plans, Fees and Renewal

The applicable Order or checkout identifies the plan, billing interval, currency, fees and any minimum term, seat commitment or usage-based charges. Features and allowances depend on that selection. Unless expressly stated otherwise in the accepted Order, paid subscriptions renew automatically for successive billing periods of the same duration until cancelled in accordance with Section 10.3. The Customer authorizes recurring charges to its selected payment method for the agreed subscription, authorized plan or seat changes and applicable taxes.

Fees exclude applicable taxes unless expressly stated otherwise. The Customer must provide accurate billing information and maintain an authorized, valid payment method. Additional services, advertising spend and third-party charges are separate from software subscription fees unless specifically included in the accepted Order.

10.2 Trials, Changes and Payment Failure

Trial duration, included features and any conversion to paid service are governed by the terms presented when the trial or Order is accepted. A trial converts to a paid subscription only under a disclosed authorization; a no-card trial does not by itself authorize payment. Access or feature availability may change when a trial ends.

Changes to plans, billing intervals or billable users may affect fees immediately or in a later billing period, as disclosed through the relevant purchase or change process. Proration, credits and effective dates depend on the selected change and applicable billing arrangements. Customers must review the charge information before authorizing a change. Deactivating a user does not necessarily cancel the subscription or remove an agreed minimum seat commitment.

If payment fails or an amount becomes overdue, Inka Inc. may retry the authorized payment method, notify the Customer and restrict or suspend access or sending as reasonably necessary. The Customer remains responsible for properly incurred outstanding charges. Any collection costs must be reasonable, legally recoverable and consistent with the accepted agreement.

10.3 Cancellation and Price Changes

The Customer may cancel renewal through the available billing controls or by contacting support@crmsoda.com sufficiently before the next renewal to allow the request to be processed. For ordinary subscription cancellation through the available billing controls, cancellation takes effect at the end of the current billing period, unless the accepted Order or applicable law provides otherwise. Access continues only while the subscription or another entitlement remains valid and subject to any permitted suspension. Cancellation does not itself delete the workspace or cancel separate third-party accounts or services.

We will provide at least thirty (30) days' notice of an increase to recurring subscription fees. The increase takes effect at the next renewal after the notice period, unless the Customer separately authorizes an earlier change or applicable law requires a different process. The Customer may cancel renewal before the increase takes effect. Changes the Customer requests, such as added users, upgrades or additional usage, are charged as disclosed when authorized.

10.4 Customer Transactions

Where Customers use the Services to prepare quotes, invoices or payment requests, collect payments, record transactions or connect accounting services, Inka Inc. provides software functionality. Inka Inc. is not the seller, purchaser, merchant, payment processor, accounting adviser or guarantor of the Customer's underlying goods, services or transactions merely because the Services facilitate them.

The Customer is responsible for its transaction terms, pricing, taxes, invoices, fulfilment, purchaser disclosures, authorizations, payment destinations, refunds, chargebacks, disputes and accounting records, and for reviewing information exchanged with external providers. External providers govern processing, settlement and their own charges under applicable arrangements. The Customer must reconcile records and correct errors rather than assume a synchronization or payment notification is conclusive.

To the maximum extent permitted by law, Inka Inc. does not assume liability for the Customer's underlying transactions, goods or services, purchaser disputes or an external provider's independent acts or omissions. Any liability arising from Inka Inc.'s own provision of the software remains subject to Sections 15 and 16 and applicable law.

11. Intellectual Property Rights

11.1 Service Content, Software and Trademarks

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.

Except as expressly authorized by CreamSoda, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Customer Content (as defined in Section 6) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the Website or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of CreamSoda, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

Any rights not expressly granted herein are reserved by CreamSoda.

The CreamSoda name and logos are trademarks and service marks of CreamSoda (collectively the “CreamSoda Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CreamSoda.

Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CreamSoda Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of CreamSoda Trademarks will inure to our exclusive benefit.

11.2 Customer Content and Authorized Use

The Customer retains its rights in Customer Content. Inka Inc. does not claim ownership of it. The Customer is responsible for Customer Content and represents that it owns or has the rights, consents and other legal authority necessary to provide, use and disclose that content through the Services. This does not require the Customer to own every underlying document, communication or item of personal information if it is lawfully authorized to use it.

The Customer grants Inka Inc. and its authorized service providers a non-exclusive, worldwide permission to host, store, copy, transmit, display, organize, adapt technically and otherwise process Customer Content only as reasonably necessary to provide, operate, maintain, secure and support the Services, carry out authorized Customer instructions, and comply with applicable legal obligations. This permission includes customer-directed communications, integrations and sharing and does not authorize unrelated promotion, advertising, sale of Customer Content or disclosure of confidential records as testimonials.

This permission continues only as necessary for those purposes, including lawful retention, backup and deletion processes described in the Privacy Policy after access ends. Any new or materially different use remains subject to applicable contractual, notice and consent requirements.

Inka Inc. does not routinely pre-screen or certify Customer Content. It may refuse or remove content that violates these Terms or applicable law or creates a material security or service risk, subject to applicable law. The Customer must evaluate third-party content and information before relying on them. Liability concerning such content is subject to Sections 15 and 16.

11.3 Customer-Directed Public Sharing

Where the Customer or its authorized users enable public access to a file or other Customer Content, the Customer authorizes Inka Inc. to host and make that content available through the selected sharing functionality.

Public links may be accessed by anyone who obtains them, anywhere in the world, without a CreamSoda account. Links may be forwarded, and recipients may download, copy or redistribute the content.

The Customer is responsible for selecting content for public sharing and obtaining the rights, consents and other legal authority necessary for that disclosure.

Disabling public access or deleting content does not retrieve copies previously downloaded, cached or otherwise retained by third parties. Nothing in this provision excludes Inka Inc.'s own applicable legal obligations.

11.4 Confidentiality

Each party must protect non-public information received from the other that is identified as confidential or should reasonably be understood to be confidential from its nature or the circumstances. This includes non-public Customer Content, business records, session notes, support materials, credentials and non-public commercial or technical information.

The receiving party may use confidential information only to perform or exercise rights under the agreement or as otherwise authorized. It must use reasonable care to protect that information, at least the care it uses for its own similar confidential information, and limit disclosure to personnel, professional advisers and service providers who need it for an authorized purpose and are bound by appropriate confidentiality obligations.

Confidential information does not include information the receiving party can demonstrate was lawfully known without restriction, becomes public without breach, is lawfully received from another source without confidentiality duties, or is independently developed without use of the information. Customer-directed public disclosure under Section 11.3 is permitted within the scope of that authorization; private records do not become public merely because they are stored in CreamSoda.

A party may disclose information when legally required. Where legally permitted and reasonably practicable, it will give notice and limit disclosure to what is required. Return, deletion and lawful retention are subject to applicable law, the Privacy Policy and the agreement. These confidentiality duties continue while the information remains confidential.

11.5 Feedback, Logos, Reviews and Testimonials

General suggestions, ideas and product feedback intentionally provided to improve the Services may be used by Inka Inc. without payment or an obligation to implement them. This permission does not turn private support messages, Customer Content, personal information or confidential business material into unrestricted non-confidential submissions.

Use of the Customer's name or logo as a public customer reference requires the Customer's authorization, including authorization in a separately accepted publicity provision. Public availability of a logo alone does not grant that authorization.

Inka Inc. may publish a review or testimonial only where the relevant author has previously made or published that review or testimonial in a manner permitting the proposed use, or has given prior written approval and permission for publication, and all other necessary rights and legal requirements are satisfied. Published material must accurately reflect the statement made, published or approved and must not imply an endorsement that was not given. Private correspondence or CRM records are not automatically reviews or testimonials.

11.6 Preservation and Technical Processing

Inka Inc. may preserve Customer Content or disclose it where legally required or reasonably necessary and lawful to comply with legal process, enforce these Terms, respond to third-party rights claims, investigate fraud or misuse, or protect rights, property, personal safety and service security, subject to applicable privacy and confidentiality obligations.

Technical processing and transmission may involve different networks and technical adaptations needed for connecting devices and services. These processes remain subject to the purposes, permissions and safeguards in the agreement and Privacy Policy.

12. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other Websites and resources on the Internet. CreamSoda has no control over such Websites and resources and CreamSoda is not responsible for and does not endorse such Websites and resources.

You further acknowledge and agree that CreamSoda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, events, goods or services available on or through any such Website or resource.

Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that CreamSoda is not liable for any loss or claim that you may have against any such third party.

The exclusions in this Section apply to the maximum extent permitted by law and do not exclude Inka Inc.'s own non-excludable obligations. Any liability that remains is subject to Section 16.

13. Third Party Services

The Services may connect to or depend on third-party hosting, email, calendar, contact, payment, accounting, analytics, AI and other services. The providers and technical arrangements may change over time, subject to applicable notice, consent and contractual requirements.

Customers choose whether to enable optional integrations and must have authority to connect the relevant accounts and exchange information. They must review requested permissions and applicable provider terms, maintain required accounts and credentials, and pay any separately applicable provider charges. Provider terms govern a direct relationship with that provider where one exists; using CreamSoda does not by itself represent that the Customer has read or entered into every infrastructure provider's contract.

An authorized integration may retrieve, synchronize, send, create, modify or delete information or perform actions within the permissions granted. The Customer is responsible for reviewing the scope and consequences before activation. Information exchanged may include message content, attachments, contacts, calendar information, invoices, billing details and free-text descriptions, depending on the integration.

External providers may impose additional data-use, security, retention, transfer, authentication, rate and restricted-use requirements. Inka Inc. and Customers must comply with requirements applicable to their respective activities. Integration-specific notices or terms will be made available where required.

Provider availability, APIs and policies may change, interrupt or prevent integration functionality. Inka Inc. does not guarantee continued compatibility, availability or independent provider performance. This does not exclude Inka Inc.'s own obligations that cannot lawfully be excluded; applicable liability remains subject to Section 16.

Disconnecting an integration does not necessarily revoke provider authorization, invalidate credentials, delete information already transferred, cancel external subscriptions or retrieve third-party copies. Customers may need to revoke permissions, rotate credentials or request deletion directly with the provider. Information already transferred remains subject to applicable provider arrangements and legal requirements.

14. Indemnity and Release

To the maximum extent permitted by law, the Customer must defend, indemnify and hold harmless Inka Inc., its affiliates and their officers, directors, employees and authorized agents against third-party claims, damages, liabilities and reasonable legal costs arising from the Customer's unlawful Customer Content, infringement or violation of third-party rights, unlawful communications or transactions, material breach of these Terms, or instructions or activities for which the Customer is responsible. This includes acts of authorized users within the Customer's responsibility.

This indemnity applies to the extent the claim results from the Customer's acts or omissions and does not require indemnification for Inka Inc.'s own unlawful conduct or breach that caused the claim. It does not make the Customer responsible for every claim merely because it uses CreamSoda.

The protected party must promptly notify the Customer of a covered claim; delay excuses the Customer's obligations only to the extent it materially prejudices the defence. The Customer may control the defence through competent counsel reasonably acceptable to the protected party, and the protected party must reasonably cooperate at the Customer's expense. No settlement may admit fault, impose non-monetary obligations or leave a protected party without a full release without that party's prior written consent. The protected party may participate through its own counsel at its own expense, except where a conflict or applicable law reasonably requires otherwise.

To the maximum extent permitted by law, the Customer releases Inka Inc. from claims concerning independent disputes between the Customer and its users, customers, suppliers or external providers for which Inka Inc. is not legally responsible. This release does not exclude Inka Inc.'s non-excludable obligations or replace the limits in Section 16.

15. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREAMSODA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CREAMSODA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

These disclaimers apply to software functionality and separately agreed setup or technical assistance, except for express commitments accepted by Inka Inc. No guarantee of uninterrupted availability, error correction, marketing results, deliverability or regulatory compliance is given. Nothing in these Terms excludes a warranty, remedy, obligation or liability that applicable law does not permit to be excluded.

16. Limitation of Liability

16.1 Software Services

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INKA INC.'S AND ITS AFFILIATES', OFFICERS', DIRECTORS', EMPLOYEES' AND AGENTS' TOTAL AGGREGATE LIABILITY TO THE CUSTOMER ARISING OUT OF OR RELATING TO THE SOFTWARE SERVICES OR THESE TERMS WILL NOT EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE BY THE CUSTOMER FOR THE AFFECTED SOFTWARE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM. THE SAME AMOUNTS ARE NOT COUNTED MORE THAN ONCE.

WHERE THE CLAIM RELATES SOLELY TO SERVICES PROVIDED WITHOUT CHARGE, INCLUDING A FREE PLAN OR FREE TRIAL, THE TOTAL AGGREGATE LIABILITY FOR THOSE SERVICES WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100). THAT AMOUNT IS A CAP, NOT A GUARANTEED PAYMENT OR A MINIMUM FOR PAID SERVICES.

The software fee base excludes marketing setup or assistance fees, advertising spend, taxes, third-party charges and unrelated non-software services. If the relevant subscription is charged in another currency, the cap is expressed in Canadian dollars using the Bank of Canada's published exchange rate on the date of the first event giving rise to the claim, or a reasonably comparable published rate if unavailable.

16.2 Separate Marketing Setup and Assistance Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INKA INC.'S AND THE OTHER PROTECTED PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO MARKETING SETUP OR ASSISTANCE WILL NOT EXCEED THE FEES ACTUALLY PAID TO INKA INC. FOR THE MARKETING PORTION OF THE RELEVANT ENGAGEMENT. THE ACCEPTED ORDER OR SERVICES AGREEMENT MUST IDENTIFY THAT MARKETING PORTION AND ITS FEE. THE CAP EXCLUDES SOFTWARE SUBSCRIPTIONS, UNRELATED NON-MARKETING SERVICES, ADVERTISING SPEND, TAXES AND THIRD-PARTY CHARGES. NO MINIMUM DOLLAR AMOUNT OR SOFTWARE-SERVICE CAP IS ADDED TO THIS MARKETING CAP.

This cap applies collectively to all claims concerning the relevant marketing engagement, including claims based on setup, configuration, migration undertaken as part of that engagement, assistance, approved instructions or authorized final actions, however the claim is characterized. For those claims, this cap applies instead of Section 16.1. The Customer cannot increase recovery by alleging the same marketing-related loss under both caps. Where the same event or related events involve both categories, caps cannot be added for the same loss, and any loss arising from the marketing engagement remains subject to this Section. There is no double recovery.

16.3 Excluded Losses and Application

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INKA INC. AND THE OTHER PROTECTED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, OR LOSS, CORRUPTION OR RECOVERY OF DATA, WHETHER SUCH SPECIFIED LOSSES ARE CLAIMED AS DIRECT OR INDIRECT DAMAGES.

The exclusions and caps apply in aggregate across the protected parties, not separately to each user, legal theory or defendant; they apply whether a claim is based on contract, tort, negligence, misrepresentation or otherwise, and whether or not the possibility of loss was disclosed. Claims arising from the same event or related events are aggregated and use the first such event for the fee lookback. They apply only to the extent legally enforceable.

These limits do not reduce the Customer's obligation to pay agreed fees, its indemnity obligations under Section 14 or its liability for violation of Inka Inc.'s intellectual property rights. No provision limits liability that applicable law does not permit to be limited. A separately accepted agreement changes a cap only if it expressly identifies the cap being varied. The parties acknowledge that the agreed pricing reflects this allocation of risk.

17. Governing Law; Attornment to Ontario.

These Terms of Service shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under this Terms of Service, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province.

This choice is subject to mandatory law and does not prevent a person from exercising a right or bringing a matter before a regulator or other body where that right cannot lawfully be excluded.

18. Termination

18.1 Customer Cancellation

The Customer may stop using the Services and cancel renewal as described in Section 10.3. Stopping use, removing individual users or disconnecting an integration does not alone cancel billing or discharge an agreed payment commitment. Separately agreed setup work and external services must be addressed under their respective arrangements.

18.2 Suspension and Termination by Inka Inc.

Inka Inc. may restrict or suspend affected access, sending, integrations or other functionality where reasonably necessary to address non-payment, suspected unlawful use, a material breach of these Terms, a security threat, harm to the Services or others, or a legal or provider requirement. We will give notice and an opportunity to resolve the issue where reasonably practicable, but may act immediately where delay would create material risk or violate a requirement.

Inka Inc. may terminate an affected Service or the agreement for a material breach that is not remedied within ten (10) business days after notice, where the breach is capable of remedy. It may terminate immediately for a serious breach that cannot reasonably be remedied, repeated material breaches, unlawful activity, a material security threat or a legal requirement. For service discontinuation or termination for convenience, we will give at least thirty (30) days' notice where reasonably practicable, subject to any separately accepted fixed-term commitments and applicable law.

18.3 Effect of Termination or Expiry

The Customer's right to access and use the affected Services ends on termination or expiry. Access is not provided after that time unless separately agreed by Inka Inc. or required by applicable law. The Customer must retrieve or export what it needs before access ends under Section 6. An urgent suspension may restrict access before the ordinary subscription end date; the Customer must maintain appropriate copies throughout its use.

Cancellation or termination does not itself delete all Customer Content or copies held by external providers. Retention and disposal remain subject to the Privacy Policy and applicable law. Earned fees, agreed payment commitments and properly incurred charges remain payable. Inka Inc. may stop outstanding automated activities when access ends but the Customer must also revoke or stop independent external authorizations and activities as appropriate.

Provisions that by their nature should survive continue, including accrued payment obligations, confidentiality, permitted retention, intellectual property protections, indemnity, warranty disclaimers, liability limits, dispute provisions and the claims deadline, subject to applicable law.

19. User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and subject to applicable law and Section 16, CreamSoda will have no liability or responsibility for those independent disputes. CreamSoda reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

20. General

These Terms, the applicable accepted Orders and services agreements, and the Privacy Policy to the extent applicable constitute the agreement between the Customer and Inka Inc. for the relevant Services. They supersede prior discussions concerning that subject matter without extinguishing accrued rights or overriding separately accepted commitments. Third-party services may have their own terms.

A separately accepted agreement or Order prevails over these Terms only to the extent it expressly addresses a conflict for the relevant Services; a liability cap changes only as stated in Section 16. General purchase-order, procurement-portal or Customer website terms do not amend this agreement unless Inka Inc. expressly accepts them. The Privacy Policy governs descriptions and commitments concerning personal-information handling; these Terms do not authorize undisclosed processing or override mandatory privacy rights.

These Terms of Service and any dispute, controversy, proceedings or claim arising out of or in connection with it or its formation or subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada.

The failure of CreamSoda to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

One-year deadline for business claims. To the extent permitted by applicable law and where this agreement is a business agreement within section 22 of Ontario's Limitations Act, 2002, either party must commence any action arising out of or relating to the Services or this agreement within one (1) year after the cause of action accrues, failing which the action is barred. For this provision, accrual is the date the claim was discovered or ought reasonably to have been discovered under applicable law. The parties expressly agree that this one-year period replaces and shortens the otherwise applicable basic limitation period, including the period under sections 4 and 5 of that Act, to the extent legally permitted.

This contractual deadline does not apply to actions for non-payment or breach of a party's proprietary rights, does not extend an otherwise shorter applicable limitation period, and does not vary any period or right that cannot lawfully be varied. It does not restrict a person's right to make a regulatory complaint. Mandatory rules govern where this provision cannot apply.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Customer may not assign this agreement without Inka Inc.'s prior written consent. Inka Inc. may assign it to an affiliate or in connection with a merger, reorganization or transfer of its business or relevant assets, subject to applicable law and existing contractual commitments. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

The original language of these Terms is English. Translations may be provided for convenience, and the English version prevails to the extent permitted by law. Nothing in this provision limits mandatory language rights or dispenses with any legally required delivery of a French or other language version or express language choice.

Notices and contact. Legal notices and questions may be sent to Inka Inc. — CreamSoda, Attention: Legal, at legal@crmsoda.com. Operational support and billing requests may be sent to support@crmsoda.com. We may give notices through the Services or the Customer's account email, subject to any legally required method. The Customer must keep those details current. No notice is deemed received where applicable law requires a different standard.

Relationship. The parties are independent contractors. No partnership, joint venture, employment or general agency relationship is created. Specific authority to perform agreed setup or technical actions does not authorize Inka Inc. to bind the Customer to unrelated commitments or assume the Customer's business or compliance decisions.

Events beyond reasonable control. Neither party is responsible for a failure or delay caused by events beyond its reasonable control, including widespread telecommunications outages, natural disasters, war or government restrictions, to the extent the event actually prevents performance and reasonable mitigation is used. This does not excuse amounts already due or non-excludable duties and does not excuse a party's own failure merely by identifying a third-party dependency.

21. Your Privacy

At CreamSoda, we respect the privacy of our users. Our Privacy Policy describes how personal information is collected, used, disclosed, stored and protected, including Customer Content, integrations, customer-directed public sharing, analytics and retention.

Acceptance of these Terms acknowledges that handling and authorizes processing needed to deliver the Services and carry out lawful Customer instructions, subject to applicable law. It does not, by itself, provide consent for optional activities for which a separate choice is legally required. Optional analytics and promotional communications are handled through the applicable notice and consent mechanisms.

The Customer remains responsible for its independent collection, use, disclosure and other decisions concerning information under its control. Inka Inc. remains responsible for its own applicable legal obligations. Privacy questions and requests may be sent to legal@crmsoda.com.