Terms and Conditions

Last modified: 14 / 01 / 2025

This page provides information about who we are, our Services (as defined below) and sets out the terms and conditions on which we supply our Services to you (the Terms and Conditions). 

Please read carefully the following information and Terms and Conditions before you start using any of our Services. 

By placing an order or using our Services, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety and agree to be bound by them. If you do not agree with or accept any of the Terms and Conditions, you must not order or use any Service.

These Terms and Conditions also apply to any use of our Services that you make during any free beta testing period or demo.

1. About Us

1.1. Company details: When we mention “we”, “us” or “our”, “MamaCRM” in these Terms and Conditions, we are referring to Oh Mama Software Ltd, a limited liability company registered in the Republic of Cyprus with registration number HE 439348, whose registered office is at Amathountos 18, Strovolos, 2020 Nicosia, Cyprus.

1.2. Customer. When we mention “you”, “your” or “Customer” in these Terms and Conditions, we are referring to the entity or individual purchasing Services from us. 

1.3. Website: We operate the website www.mamacrm.com (the Website).  

1.4. How to contact us: To contact us, telephone our customer service team at 22042200or email us at support@mamacrm.com..

2. Our contract with you

2.1. The contract: These Terms and Conditions apply to the order by our Customer and supply of Services by MamaCRM to our Customer, and constitute the contract between us (the Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2. Entire agreement: These Terms and Conditions constitute the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms and Conditions.

2.3. Changes to the Terms and Conditions: We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions. In the event of a change or an update to these Terms and Conditions, this will be flagged in an appropriate way on the Website or be communicated to you in writing. By continuing to access, browse and use the Service and/or this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.

3. Definitions

In these Terms and Conditions, unless otherwise provided:

Authorised Users means those of your (or your client’s in case you are an agency) employees, agents and independent contractors who are authorised by you to use the Services. If you are an individual using the Services, you may also be an Authorised User;
Customer Data means data inputted by a Customer, Authorised Users, or by us on the Customer’s behalf for the purpose of using the Services or facilitating the Customer’s use of the Services;
Mentions mean publicly available information, including links, posts, and excerpts, that has been obtained by MamaCRM on your behalf from social networks or platforms supported by the Services, and data derived therefrom, including reports, summaries, graphs, charts;
Services means the subscription services we provide under these Terms and Conditions via our as more particularly described in the Specification;
Software means the online software applications provided by us as part of the Services;
Specification means the specification of the Services and applicable Subscription Plans we offer, as set out in www.mamacrm.com/pricing ;
Subscription Plan means the subscription plans and packages we offer which entitle Authorised Users to access and use the Services in accordance with these Terms and Conditions;
User Subscription means the user subscriptions you purchase under the Subscription Plan you order.

 

4. The Services

4.1. Our Services: Via the Website, we offer a Software-as-a-Service (SaaS) on a subscription basis that helps businesses and organisations in Social Media Marketing Strategy, Social Media Management and Social Media CRM (customer relationship management), in each case as described in the Specification. 

4.2. Compliance with specification. Subject to our right to amend the Specification, we will supply the Services to you in accordance with the Specification for the Services appearing on our Website at the date of your order in all material respects.  

4.3. Descriptions and illustrations. Any descriptions or illustrations on our Website are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.

4.4. Third party providers and Mentions. 

  • 4.4.1. You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites, and that you do so solely at its own risk. Such third-party services and content include, without limitation, the social networks or platforms, which are the social networking sites supported by the Services (such as Facebook), and services provided by any other third parties from which we obtain Mentions.
  • 4.4.2. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content (including, but not limited to, Mentions) or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party.  Any contract entered into and any transaction completed via any third-party website is between yourself and the relevant third party, not us.  We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website.

 

5. Account creation 

5.1. Account creation. To place an order for, use and benefit from the Services, you must create an account at the Website (Account) which will require you to provide some compulsory information. You confirm that all information and details provided by you to MamaCRM (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to your Account.

5.2. Account confidentiality and security. When you create an account, we may ask you to use passwords or other means to allow you to access certain areas of the Website and to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or Account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If we are suspicious of any fraudulent activity coming from your Account, we may refuse you access to and can delete your Account.

6. Subscription and use of Services

6.1. Placing an order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the Website. Each order is an offer by you to buy User Subscriptions for the Services under the Subscription Plan specified in the order.

6.2. Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

6.3. Accepting your order. Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase Services from us. Our acceptance of your order, which creates the Contract between you and us, takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.

6.4. Subscription. Subject to you purchasing a Subscription Plan and generally these Terms and Conditions, we grant you a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to permit the Authorised Users to use the Services confirmed in the Order Confirmation for the term applicable to your Subscription Plan, solely for your (or, in case you are a marketing/communications agency, your customer’s) internal business operations. 

6.5. User Subscriptions. In relation to Authorised Users, you undertake that:

  • 6.5.1. the maximum number of Authorised Users that you authorise to access and use the Services you order shall not exceed the number of User Subscriptions you have purchased from time to time;
  • 6.5.2. you will not allow any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services;
  • 6.5.3. each Authorised User shall keep a secure password for their use of the Services and that each Authorised User shall keep their password confidential.

6.6. Additions or removals. You may, from time to time throughout the term of your Subscription Plan, purchase additional User Subscriptions in excess of the number set out in the Order Confirmation or change the scope of the Services or your Subscription Plan. In such a case, you must notify us in writing. We will evaluate your request and respond to you with approval or rejection. 

6.7. You must ensure that the Authorised Users use the Services in accordance with the Terms and Conditions and you shall be responsible for any Authorised User’s breach of the Contract.

6.8. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.

6.9. Unless provided for in the Subscription Plan you order, the rights provided to you under this clause 6 are granted to you only, and shall not be considered granted to any subsidiary or holding company.

6.10. Agency. If you act as an agent purchasing the Services on behalf of an end-user client then (a) you represent and warrant to us that you have obtained all necessary authorisations, consents, and licenses from your principal to obtain User Subscriptions on their behalf and to act as their agent; and (b) you will defend, indemnify, and hold us harmless from all damages, liabilities, costs, and expenses (including reasonable legal fees) arising from any breach of the foregoing representation and warranty.

6.11. Updates. You acknowledge that we may from time to time, at our discretion, apply updates to the Services or that Website and that such updates may result in changes in the appearance and/or functionality of the Service or the Website (including the addition, modification, or removal of functionality, features, or content).

6.12. Suspension. We may from time to time suspend the Services to (a) deal with technical problems or make minor technical changes, (b) apply updates to reflect changes in relevant laws and regulatory requirements or (c) make changes to the Services (see clause 9 below). We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. 

7. Fees 

7.1. In consideration of us providing the Services accepted in your Order Confirmation, you must pay our Fees. 

7.2. Our Fees are the prices quoted on Website at the time you submit your order. Our Fees vary depending on the Services and the Subscription Plan you order.

7.3. If you wish to change the scope of the Services or your Subscription Plan in accordance with clause 6.6 and we agree to such change, we will modify the Fees accordingly.

7.4. We use our reasonable efforts to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. 

7.5. All Fees and prices quoted on the Website are exclusive of VAT or any other taxes, charges, fees and levies that may be applicable in your jurisdiction. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Fees.

8. Payment

8.1. You can pay for the Services using a debit card or credit card or any other alternative payment method specified as part of the checkout process. When placing your order, valid, up-to-date and complete card details and any other relevant valid, up-to-date and complete contact and billing details we or our chosen third-party provider of payment processing services may request.

8.2. Payment for the Services during any billing cycle is in advance. Billing cycles will be communicated to you prior to approval of your order.

8.3. When you place an order, we will take your payment upon acceptance. In case of renewal in accordance with clause 14.2, you authorise us to bill the card you provide on the date each Renewal Period (as defined below) commences.

8.4. If we have not received payment by the due date, and without prejudice to any other rights and remedies we may have, we may without notice and without liability to you or any Authorised User, disable your and all other Authorised User’s password, account and access to all or part of the Services and we shall be under no obligation to provide any of the Services while the invoice(s) concerned remain unpaid. Additionally, interest shall accrue on a daily basis on any due amounts at an annual rate of 5%, commencing on the due date and continuing until fully paid.

8.5. If you place an order on the Website, then you acknowledge and agree that we may use tools, software or services of payment processors to process transactions on our behalf.

9. Amendments

We reserve the right, at any time, to amend the Specification, the Services, the Subscription Plans and our Fees. We will provide you with thirty (30) calendar days’ written notice in advance during which you will have the right to unsubscribe from, or change your current Subscription Plan, should you not agree with these amendments. If, after receiving notice of a change leading to an increase in Fees, you do not cancel your current Subscription Plan, you authorise us to bill the card you provide on the date the relevant change becomes effective.

10. Customer obligations

10.1. Restrictions. You may not: 

  • 10.1.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software;
  • 10.1.2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or the Services;
  • 10.1.3. access all or any part of the Services in order to build a product or service which competes with the Services;
  • 10.1.4. use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.

10.2. Further obligations. You must provide us with all necessary co-operation in relation to this agreement all necessary access to such information as may be required by us in order to provide the Services, including but not limited to Customer Data, security access information and configuration services.

10.3. Without affecting its other obligations under the Contract, comply with all applicable laws and regulations with respect to your activities under the Contract.

11. Our obligations

11.1. We will provide the Services accepted in an Order Confirmation in accordance with the Specification and with reasonable skill and care.

11.2. We do not warrant that (a) your use of the Services will be uninterrupted or error-free or (b) the Services and/or the information you obtain through the Services will meet your requirements or (c) the Software or the Services will be free from vulnerabilities.

11.3. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and the Specification may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

11.4. You acknowledge that the Services interoperates with several third-party platforms, sites and networks (Platforms), and that the Services we provide are highly dependent on the availability of such Platforms. If at any time any Platforms cease to make some or all of their features available to MamaCRM (API Change), we may cease to provide such features to you without entitling you to refund, credit, or other compensation.

11.5. We use reasonable efforts to ensure that the Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, we will not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

11.6. While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.

12. Exclusion of liability

12.1. Except as expressly provided in these Terms and Conditions, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this agreement, whether by statute, common law or otherwise, are hereby, to the fullest extent permitted by applicable law, excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

12.2. Except for any legal responsibility that we cannot exclude in law or arising under applicable laws relating to the protection of your personal information, we shall not be liable for any loss or damage arising from (i) your use of or access to the Services or the Website, or any content, products or services distributed on or provided through the Website and/or the Services, (ii) a fault or failure of the Customer or any Authorised User, (iii) any failure or interruption of the transmission networks leading to a suspension of the Website and/or the Services.

12.3. We shall not be liable under or in connection with the Contract, whether in tort (including negligence), contract, misrepresentation, restitution or otherwise, for any loss of profits or sales, loss of business, business interruption, loss of business opportunity or reputation, depletion of goodwill and/or similar losses.

12.4. You accept responsibility for the selection of the Services to achieve their intended purpose or results and acknowledge that the Services have not been developed to meet your individual requirements.

13. Intellectual Property Rights

13.1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services, the Software, the Website and the Specification. Except as expressly stated herein, the Contract does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Software.

13.2. You shall own all right, title and interest in and to all of the Customer Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.

14. Term and termination

14.1. Initial term. The Contract shall, unless otherwise terminated as provided in this clause 14, commence on the date of your Order Confirmation and shall continue for the term of the Subscription Plan you ordered. 

14.2. Renewal and cancellation. Thereafter, the Contract (together with your Subscription Plan and User Subscriptions) shall be automatically renewed for successive periods of the same term (one month in case you have a monthly Subscription Plan or 12 months in case you have an annual Subscription Plan)(each a Renewal Period), unless you actively cancel your Subscription Plan before the end of the initial subscription term or any Renewal Period in which case the Contract (and all User Subscriptions) shall terminate upon the expiry of the applicable term or Renewal Period. You will not be entitled to a refund in the event of cancellation.

14.3. Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if (a) you don’t make any payment to us when it’s due, (b) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so, (c) you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services.

14.4. Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

15. Events outside our control

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). 

15.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

  • 15.2.1. we will contact you as soon as reasonably possible to notify you; and
  • 15.2.2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

15.3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel in accordance with this clause 15.3, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

16. Confidentiality

16.1. We each undertake that we will not at any time during the Contract, and for a period of three years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted in this clause 16.

16.2. We each may disclose the other’s confidential information (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract (ensuring that that such employees, officers, representatives, subcontractors or advisers comply with this clause 16; and (b) may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

16.3. Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.

17. Personal Data

17.1. We will use any personal information you or any Authorised User provide to us to:

  • 17.1.1. provide the Services; 
  • 17.1.2. process payment for the Services; and
  • 17.1.3. inform about similar services that we provide, but you may stop receiving these at any time by contacting us.

17.2. Any personal information that we collect will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you or Authorised Users, how and why it collects, stores, uses and shares such information, the data subjects’ rights in relation to their personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of personal information.

17.3. Our Privacy Policy, the terms of which are incorporated into the Contract, is available at www.mamacrm.com/PrivacyPolicy  

18. General

18.1. Assignment and transfer

  • 18.1.1. We may assign or transfer our rights and obligations under the Contract to another entity at our discretion. However, where we have engaged a third party to perform part of the Contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party.
  • 18.1.2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing. 

18.2. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

18.3. Severance. Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.4. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms. 

18.5. Governing law and jurisdiction. Any matters that arise out of your or an Authorised User’s use of the Services, these Terms and Conditions (including any Contract entered between you and us through the Website) and use of the Website will be governed by the laws of the Republic of Cyprus and subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.