1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and/or the organization on whose behalf you are acting ("Customer," "you," or "your") and Circo Industries LLC ("Company," "we," "us," or "our"). These Terms govern your access to and use of the DirGen™ application ("Application"), including all related documentation, updates, and support services.
By clicking "Confirm and Install" on the Salesforce AppExchange, creating a subscription, or otherwise accessing or using the Application, you represent that you have the authority to bind the Customer to these Terms and that you accept them in full.
2. Definitions
- "Application" means the DirGen managed package, including all Apex classes, Lightning Web Components, Visualforce pages, custom objects, and related metadata installed in your Salesforce org.
- "Salesforce Org" means a single Salesforce production organization instance identified by a unique Org ID.
- "Subscription Term" means the period during which you have an active, paid license to use the Application.
- "Directory" means a PDF document generated by the Application from your Salesforce data.
- "Authorized Users" means individuals within your organization who are assigned the appropriate DirGen permission sets and are authorized to access the Application.
- "Documentation" means the user guides, quick start guides, and help materials provided by the Company for the Application.
3. Description of Service
DirGen is a Salesforce-native managed package application that generates professional photo directories from Salesforce reports. The Application runs entirely within the Salesforce platform and processes data solely within your Salesforce Org. The Application does not transmit, store, or process your data outside of the Salesforce platform.
4. License Grant
Subject to your compliance with these Terms and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Application within a single Salesforce Org for your internal business purposes during the Subscription Term.
The license covers unlimited Authorized Users and unlimited directory generation within the licensed Salesforce Org. Each additional Salesforce Org requires a separate subscription.
5. Subscription & Fees
5.1 Pricing
The Application is offered on a subscription basis, with monthly or annual billing options as available on the Salesforce AppExchange listing. Current pricing is published on the AppExchange listing and at dirgenapp.com. All fees are quoted in U.S. dollars.
5.2 Payment
Payment is processed through the Salesforce AppExchange at the time of purchase or renewal. All fees are due in advance of the applicable Subscription Term.
5.3 Taxes
All fees are exclusive of taxes. You are responsible for paying all applicable taxes, duties, and governmental assessments arising from your purchase, excluding taxes based on the Company's net income.
6. Free Trials & Evaluation
The Company may offer a free trial or evaluation period at its discretion. Trial access is provided "as is" without any service level commitments. The Company reserves the right to limit trial functionality, duration, or availability at any time. At the conclusion of a trial, continued use requires an active paid subscription.
7. Support
7.1 Support Channels
The Company provides technical support exclusively via email at support@dirgenapp.com.
7.2 Response Time
The Company will use commercially reasonable efforts to provide an initial response to support requests within two (2) business days. Business days are Monday through Friday, excluding U.S. federal holidays, Pacific Time.
7.3 Scope of Support
Support covers: installation assistance, configuration guidance, troubleshooting of Application errors, and questions about Application functionality. Support does not cover: general Salesforce administration, custom development, data migration, third-party integrations not provided by the Application, or issues caused by modifications to the Application's managed package components.
7.4 Updates
The Company may release updates, patches, and new versions of the Application from time to time. Updates may be delivered via push upgrade (automatically applied to your Salesforce Org by the Company) or made available through the Salesforce AppExchange for manual installation. By using the Application, you acknowledge that the Company may deploy push upgrades to your Salesforce Org to deliver bug fixes, security patches, or feature updates without requiring action on your part. The Company reserves the right to discontinue support for older versions of the Application with reasonable advance notice.
8. Customer Responsibilities
You are responsible for:
- Maintaining an active Salesforce subscription with a compatible edition
- Properly assigning DirGen permission sets to Authorized Users
- Ensuring your Salesforce reports and data are properly configured for use with the Application
- Compliance with all applicable laws and regulations regarding the personal data contained in your directories, including but not limited to obtaining any necessary consents for the use of photographs and personal information
- Maintaining the security of your Salesforce Org credentials and access controls
- Evaluating the suitability of the Application for your needs during any trial or evaluation period
9. Data & Privacy
9.1 Your Data
You retain all rights, title, and interest in and to any data processed by the Application ("Customer Data"). The Application processes Customer Data solely within your Salesforce Org to generate directories. The Company does not access, collect, store, or transmit Customer Data outside of the Salesforce platform.
9.2 No External Data Transfer
The Application operates entirely within the Salesforce platform. It makes no external API callouts and does not transmit data to any servers, services, or endpoints outside of your Salesforce Org. All data processing, including photo retrieval, report querying, and PDF generation, occurs natively within Salesforce.
9.3 Photos and Personal Information
The Application accesses photographs and personal information (such as names, titles, and contact details) from your Salesforce Org solely for the purpose of generating directories. You are solely responsible for ensuring that you have the legal right to use such photographs and personal information, and for complying with all applicable privacy laws and regulations.
9.4 Telemetry
The Application does not collect usage analytics, telemetry data, or any form of tracking information. The Company may receive aggregated, anonymized installation and license data through the Salesforce AppExchange platform in accordance with Salesforce's standard partner reporting.
9.5 Privacy Policy
For information on how the Company handles data collected through its website and business operations (separate from the Application itself), please refer to our Privacy Policy.
10. Intellectual Property
All rights, title, and interest in and to the Application, including but not limited to all software, code, architecture, design, documentation, trademarks, and trade secrets, are and shall remain the exclusive property of Circo Industries LLC. These Terms do not grant you any ownership interest in the Application, only a limited right of use as described in Section 4.
"DirGen" and the DirGen logo are trademarks of Circo Industries LLC. You may reference the Application by name for reasonable descriptive purposes only.
11. Restrictions
You shall not, and shall not permit any third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application
- Modify, adapt, translate, or create derivative works based on the Application
- Sublicense, rent, lease, loan, sell, resell, distribute, or otherwise transfer the Application or access thereto to any third party
- Remove, alter, or obscure any proprietary notices, labels, or markings on the Application
- Use the Application for any unlawful purpose or in violation of any applicable laws or regulations
- Use the Application to build a competing product or service
- Circumvent or attempt to circumvent any license management or access control mechanisms
- Share login credentials or permission set assignments with individuals outside your organization
12. Salesforce Platform Dependency
12.1 Platform Requirement
The Application is a Salesforce-native managed package that requires an active Salesforce subscription to operate. The Company is not responsible for, and makes no representations regarding, the availability, performance, or functionality of the Salesforce platform.
12.2 Platform Changes
Salesforce periodically releases platform updates that may affect the Application's functionality. The Company will use commercially reasonable efforts to maintain compatibility with supported Salesforce releases. However, the Company does not guarantee uninterrupted compatibility with all Salesforce platform changes. The Company will communicate known compatibility issues to active subscribers as promptly as practicable.
12.3 Salesforce Terms
Your use of Salesforce is governed by your separate agreement with Salesforce, Inc. Nothing in these Terms modifies, supersedes, or conflicts with your Salesforce subscription agreement. In the event of a conflict between these Terms and your Salesforce agreement regarding platform functionality, the Salesforce agreement shall govern with respect to the Salesforce platform itself.
13. Disclaimer of Warranties
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR SPECIFIC REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULTS.
THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY DIRECTORIES GENERATED BY THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING ALL GENERATED DIRECTORIES BEFORE DISTRIBUTION OR USE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIRCO INDUSTRIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE APPLICATION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Indemnification
You agree to indemnify, defend, and hold harmless Circo Industries LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Application; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim that a directory generated using the Application infringes or violates the rights of any third party, including privacy, publicity, or intellectual property rights, to the extent such claim arises from the content of your Customer Data.
16. Term & Termination
16.1 Term
These Terms are effective upon your installation of the Application and remain in effect for the duration of your Subscription Term, including any renewal periods.
16.2 Termination for Cause
Either party may terminate these Terms upon thirty (30) days' written notice if the other party materially breaches these Terms and fails to cure such breach within the notice period.
16.3 Termination by the Company
The Company may immediately suspend or terminate your access to the Application if: (a) you fail to pay any fees when due; (b) your use of the Application poses a security risk or may adversely impact the Application or other users; or (c) the Company is required to do so by law.
16.4 Effect of Termination
Upon termination or expiration of your subscription: (a) your license to use the Application immediately ceases; (b) you should uninstall the Application from your Salesforce Org; and (c) any directories previously generated and saved in your Salesforce Org or downloaded remain yours. The following sections survive termination: Sections 9 (Data & Privacy), 10 (Intellectual Property), 11 (Restrictions), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 18 (Governing Law & Disputes), and 19 (General Provisions).
17. Modifications to Terms
The Company reserves the right to modify these Terms at any time. Material changes will be communicated to active subscribers via email at least thirty (30) days prior to taking effect. The updated Terms will also be posted at this URL with a revised "Last Updated" date. Your continued use of the Application after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Application before the effective date.
18. Governing Law & Dispute Resolution
18.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.
18.2 Dispute Resolution
Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Portland, Oregon. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 Exceptions
Notwithstanding Section 18.2, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
19. General Provisions
- Entire Agreement. These Terms, together with any order forms or invoices, constitute the entire agreement between you and the Company with respect to the Application and supersede all prior agreements and understandings.
- Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver. No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right.
- Assignment. You may not assign or transfer these Terms or your rights hereunder without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
- Force Majeure. The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, or failures of the Salesforce platform.
- Notices. All notices under these Terms shall be in writing and sent to the email addresses on record. Notices to the Company should be directed to legal@dirgenapp.com.
- Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
20. Contact Information
If you have questions about these Terms, please contact us:
Circo Industries LLC
5441 S Macadam Ave, Suite N
Portland, OR 97239
Email: legal@dirgenapp.com
Support: support@dirgenapp.com
Web: dirgenapp.com