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Online Subscriber Agreement

If you’re looking for the free user terms, please click here

These terms (the Terms) cover your use of our paid for service and associated software (including our apps) (the Service). If you reside outside of North America, your agreement is with Egress Software Technologies Limited. If you reside in North America, it’s with Egress Software Technologies, Inc. By using our Service you’re agreeing to be bound by these Terms. If you’re using our Service for a company, you’re agreeing to these Terms on behalf of that company and confirm you can do this.

If you’re resident in the United States of America, additional specific terms apply which are shown at the bottom of these Terms.  

The Basics

Contact details for Egress entities

Unless you’re resident in North America at the time of accepting these Terms, it’s with Egress Software Technologies Limited, 12th Floor, The White Collar Factory, 1 Old Street Yard, London, EC1Y 8AF, UK (co number: 06393598, VAT number: 921 4606 46).
Tel: +44 (0) 844 8000 172 (calls charged at 5p per min)  Email: info@egress.com.

If you’re resident in North America at the time of accepting these Terms your agreement is with Egress Software Technologies Inc., a Massachusetts corporation, Suite 2, Level 3, 268 Summer Street, Boston, MA 02210, United States. 
Tel: 1-800-732-0746 (toll free)  Email: info@egress.com.

Minimum age

You must be aged 16 or over to sign-up to and use our Service.

Start date

Subscriptions start on the date of purchase.

Subscriptions

  • Minimum Term: 12 months from the date of purchase (this means if you purchase additional subscriptions, they’ll have their own minimum term which may differ to others you already have).
  • AUTOMATIC RENEWAL: EACH SUBSCRIPTION RENEWS ON THE ANNIVERSARY OF THE DATE IT WAS PURCHASED (IF 14 CALENDAR DAYS’ NOTICE HASN’T BEEN GIVEN).
  • Price: Prices are communicated during the purchase process. Renewal prices will be notified by us prior to renewal.
  • Limits: if you buy multiple subscriptions, you may only permit users to access our Service up to the total number purchased. Subscriptions may not be shared.
  • Cancellation: Subscriptions can be cancelled at any time up to 14 days prior to their renewal date. Cancellations are effective at the end of the current subscription period. No refund is given.

14 day right of cancellation for UK Consumers only

By signing up you request that we provide access to our Service within your 14-day cancellation period. You may still cancel your subscription within this period and a partial refund based on the number of days since it started will be issued.

Privacy

Our Platform Privacy Policy (which is incorporated by reference) explains how our Service collects, stores and processes data.

Accessing data on ending your agreement

Access to Content depends on the permissions given to you. If permitted it may be possible to download decrypted Content before closing an account or ending a subscription. If this isn’t done access is not possible after account closure or the subscription ends.

Ending this agreement

We can end this agreement for any reason by giving 30 days' notice. We can also end it or suspend relevant subscription(s) with or without notice if: (i) there’s a breach of these Terms; (ii) use poses a security risk, could subject us or our group to liability, or is fraudulent; (iii) we’re required to do so by law, government or regulation; or (iv) we need to in an emergency or to respond to fraudulent activity.

Cancellations

You must cancel subscriptions within your account. Just stopping using our Service doesn't cancel a subscription or end this agreement and you’ll continue to be responsible for any subscription fees. Where there are no remaining paid subscriptions on your account, it will become a free user account and be subject to the terms at www.egress.com/freeuser (which you hereby accept).

Support services

Our after-sales online support service can be contacted at support@egress.com or using our online chat service on www.egress.com between 9am – 6pm UK time (Mon-Fri excluding UK bank and public holidays). Please take note of our End of Support document at www.egress.com/legal. Support is provided on an as-available basis.

Technical requirements

Devices used to access our Service must always meet our most up-to-date minimum requirements set out on our website.

Acceptable Use

You must follow our Acceptable Use Policy.

Complaint policy

Our complaint policy can be found at www.egress.com/legal.

Multiple Subscriptions

If you have, or do, purchase multiple subscriptions, each reference in these terms to “you” includes a reference to those individuals you permit to use those subscriptions (your users) (except in relation to payment when you’ll remain solely responsible). You’ll also be the only person able to cancel those subscriptions through your account. You remain responsible for the acts and omissions of your users.

Key definitions we use below

Account Information

the databases, logs and other collections of personal data about you and your users that is provided to us by you, or that we obtain in connection with: (i) the creation and administration of your and their account(s); (ii) use of our platform, website and Service; (iii) any permissions, consents or preferences given to us; and (iv) our relationship with you and your users, and information that we obtain from third parties that may be linked to you or them, and relevant employers or other organisations.

Consumer

an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession.

Content

the files, data, text, audio, video and images that are transferred, stored, shared or hosted on or through our platform or Service by you, your users and third parties, including any personal data in it. It does not include Account Information or System Data.

System Data

(i) usage statistics, system logs, performance and security data, records of support requests, and aggregated data about how our sites, platform, services and apps are used (e.g. performance counters, access logs, metrics and associated metadata, unique identifiers for devices, technical information about the devices used, the network, operating system and browsers); and (ii) data identified as malicious (e.g. malware infections, cyberattacks, unsuccessful security incidents, or other threats). This may contain limited Account Information where it appears in log records.

Using our service

Right to access and use

We grant you the right to access and use our Service whilst these Terms are in force. Where you purchase multiple subscriptions, we also grant those rights to individuals authorised by you to use a subscription. We can revoke these rights at any time. Subscriptions may not be shared. If they’re re-assigned, the previous user must not have any further access to or use of our Service.

Our Service can only be used for your benefit and not on behalf of any third party. If you’re purchasing in a business capacity, our Service can be used for business purposes only. If you’re a Consumer our Service can only be used for your personal or private use.

The rights granted to us

You grant us, the other companies in our group and third party companies involved in providing our Service, the right to process, copy, cache, store, display and reproduce your Content where necessary to provide the Service to you and them. We’re not required to pay for this licence.

Your obligations

You must not share log on details with anyone else. You’re responsible for all activity using your subscriptions (unless caused by our fault or error) and so must notify us immediately if unauthorised activity is suspected. All information provided to us must be accurate and you must let us know if any of it changes.

What you tell us

You confirm that you do (and will at all times) own all rights in the Content that you transfer, store or share that are necessary to enable us to provide our free service to you. 

What we’ll do

We’ll provide our Service as described on our website from time to time in accordance with these Terms. Our Service is provided by or on behalf of the Egress group entity which is the party to these Terms.

Email addresses and accounts

When signing up, an email address must be chosen to use as the Egress ID. If the domain of this address is owned or controlled by an organisation (like your employer) then we may share details of that address with that organisation (e.g. where the organisation requests it, or during discussions about a potential purchase of a business account by it). If that organisation purchases a business account from us, your account may be transferred into it. Certain information concerning your account, including how it has been used, may then become accessible to that organisation and its administrator.

Payment

Payment

Subscriptions fees (together with applicable taxes) must be paid annually in advance using the payment options provided. The first payment for a subscription is due on completion.

Auto-renewal

BY PURCHASING YOU AGREE WE’LL AUTOMATICALLY CHARGE YOU RENEWAL FEES (TOGETHER WITH APPLICABLE TAXES) USING YOUR PREFERRED PAYMENT METHOD FOR EACH SUBSCRIPTION UNTIL IT IS CANCELLED IN ACCORDANCE WITH THESE TERMS.

Invalid payment method

If a payment method becomes invalid, or a charge is refused for any reason (e.g. card expired or insufficient funds), you’ll remain responsible for payment of the subscription fee and must provide a new eligible payment method within 14 days (unless you’re a Consumer in which case your account will change to a free user).

Right to cancellation

Subscriptions can be cancelled at any time up to 14 calendar days prior to their renewal date. Cancellations are effective at the end of the relevant current subscription period (so no refunds are provided).

Fees are non-refundable

Subscription fees are non-refundable except: (a) where required by law; or (b) where you’re an individual and your account is transferred into an organisation’s business account.

Discount codes

From time to time we may offer promotional discount codes. These may be subject to additional terms or restrictions. By taking advantage of them you’ll be agreeing to those terms.

Changes to subscription fees

Any changes take effect on renewal.

Ownership

We (or other companies within our group or third parties who licence material or software to us) own all rights, title, interest in and to our Service (including documentation, developments, software code, changes, updates and new versions of it, and to hardware, software and other items used to provide it). Unless we've described a right for you to use them in these Terms, no such rights are granted in or to them.

If you provide an idea or suggestion as to how our Service or support services could be improved, you grant us a worldwide, royalty-free, perpetual, irrevocable right and license to use that idea or suggestion without restriction, in any medium and for any purpose, and without any remuneration or other obligation. By entering into these Terms you irrevocably assign (on your own behalf and that of your users) all rights, title and interest in such ideas or suggestions to us (including any created in the future) and agree to sign any documents we need to confirm those rights.

You may not reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form all or any part of our Service (unless this is allowed by any law that can't be excluded by these Terms).

Content

  • You decide how, when and where your Content is processed.  We simply follow the instructions you give to us in these Terms and when using our free service (the only time this changes is if we're required to process or disclose it by law, more information on this is set out below).
  • You decide how, when and where Content is processed. We simply follow the instructions given to us in these Terms and when using our Service (the only time this may change is if we're required to process or disclose it by law).
  • You (or third parties who licence material to you) own, and will continue to own, all rights, title and interest in the Content you transfer, store and share using our Service.
  • You’re responsible for ensuring the legality, reliability, integrity, accuracy and quality of Content transferred, stored, shared and accessed using your subscriptions, and you represent and warrant that you have and will ensure that you have all necessary rights and consents to do so.
  • Our Service is provided from the United Kingdom. By signing up you acknowledge that we’ll store your Content in the European Economic Area (EEA).
  • Our Service is provided over the Internet. You and those who you send or share Content with may access it outside the EEA or the country you or they are located in. Where this happens, Content will be processed by you or recipient and we’ll enable that to perform our contractual obligations.
  • We may process and disclose your Content if we're required to do so by a state, national, European Union or Member State law which applies to us. We’ll attempt to re-direct anyone requesting disclosure to request it directly from you (as part of this, we may provide your basic contact information to them). If they compel us to disclose it, then we’ll let you know (if we’re allowed to) so that you're able to seek a protective order or other appropriate remedy.
  • We'll notify you if we believe compliance with our obligations would breach our obligations under applicable law.
  • We'll notify you without undue delay in the event of a personal data breach affecting your account. As part of this, we'll provide you with relevant information we know about the nature of the breach and the steps we've taken to address it.
  • We’ve implemented and will maintain technical and organisational measures for the protection and security of our Service. These measures take into account the state of the art, the costs of implementation, the type of processing and the likelihood and severity of risk to the rights and freedoms of data subjects.
  • We’ll restrict access to your Content to the employees and contractors of us, the other companies in our group and third party providers involved in the provision of our Service that need to have access to it to fulfil our obligations under these Terms. We impose contractual obligations on our employees, contractors and third party providers around confidentiality, data protection and security on. We’re not responsible for any Content you share with your recipients. You can find out more details on our subcontractors here.

Description of processing: The details of the data processing that we or our group may carry out on your behalf is as follows: (a) Subject Matter: Processing of Content. (b) Duration: as determined by you in accordance with these Terms; (c) Purpose: the provision of our Service and support as initiated by you; (d) Nature of processing: computing, storage, support and such other services by us, our group and authorised sub-processors as initiated by you from time to time. (e) Type of Content: Content uploaded, stored or shared through the Service. (f) Categories of Data Subjects: You, recipients and other third parties. A detailed description of the uses and purposes of the processing is set out in our Platform Privacy Policy.

Account Information and System Data

  • We decide how, when and where Account Information and System Data is processed and for what purpose.
  • We own, and will continue to own, all right, title and interest in and to Account Information and System Data.
  • We rely on our legitimate interests for the storage, maintenance and processing of any personal data about you within these sets of data. To operate our group effectively, we share certain systems, resources and third party providers so this data may be transferred to them, and stored or processed outside the EEA or the country where you’re located. Where we do so we’ll ensure that any transfer to them is subject to appropriate safeguards. Any transfer to a third party will only be to enable them to provide services that we've requested they provide to us and our group and will not be for their own purposes.
  • Account Information and System Data may be used in accordance with our Platform Privacy Policy.
  • We’ll also allow processing of Account Information or System Data by our group and subcontractors where necessary to provide our Service to you in accordance with these Terms.

General Data Compliance

Individual rights to personal data

Details of the rights that individuals have in personal data that we hold can be found here.

Sub-processors

You confirm that we can use the subcontractors set out at www.egress.com/subcontractors. We’re responsible for the things they do, and the things they forget or fail to do. We’ll make sure we have a written agreement with them to make sure they can be held to account. Please note that the details shown on that page may change from time to time, so please do check back regularly to make sure you understand how our Service is provided to you.

Deletion and retention

We may retain Account Information, System Data and Content in accordance with our Retention Policy. This can be found at www.egress.com/legal. We may still store and process Content that was originally yours, or was part of your account even after you cease to be our customer or after we’ve deleted it from your accounts where it forms part of another user’s Content.

Electronic communication

We may send you or display information about our Service and updates, enhancements, and modifications to it. This may include information about how you use it, how you could do so more efficiently, or faults, issues, new features, updates or notices of times when it won’t be available. We won’t market other products and services to you unless you have opted in to receiving electronic marketing from us or we have another lawful basis to do so.

Transferring our rights to third parties

We reserve the right to transfer our obligations, rights and permissions under these Terms to any organisation that we transfer our rights or responsibilities to, or if a third party looks to purchase us or our assets (or a relevant part of them).

Our responsibility for loss or damage suffered by you, and your responsibility to us

Where we don't exclude or limit liability

We don’t exclude or limit our liability where it would be unlawful to do so. This means that we don't exclude or limit our liability:

  • for death or personal injury caused by our, our group companies' and subcontractors' negligence; or for our fraud or fraudulent misrepresentation; or
  • where you're a Consumer, for breach of your legal rights where we're not permitted to do so.

It also means that we don’t attempt to exclude, restrict or prohibit the ability of a data subject or regulatory authority to bring a claim, or take regulatory action, against us where permitted to do so by applicable law.

Things to remember

We don’t promise that use of our Service will be uninterrupted, error-free or meet your expectations, or that Content will always be available. Access to it is permitted on a temporary basis.

Exclusion of warranties

OUR SERVICE AND ASSOCIATED SOFTWARE (AND ANY CONTENT AVAILABLE THROUGH THEM) ARE MADE AVAILABLE “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (BASED ON WHERE YOU’RE A RESIDENT AND WHETHER YOU’RE A BUSINESS OR CONSUMER) WE HEREBY DISCLAIM ALL GUARANTEES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING THOSE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT).

Limitation of Liability

To the maximum extent permitted by applicable law, you acknowledge and agree that we won't be liable to you for: (a) any consequential, incidental, indirect, special or exemplary loss or damage (under any legal theory, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, strict liability or otherwise), even if foreseeable, whether arising under or in connection with: (i) use of, or inability to use, Content or our Service; or (ii) use of, or reliance on, Content; (b) loss of profits, sales, data, business or revenue; business interruption; anticipated savings; business opportunity, goodwill or reputation; or, any indirect or consequential loss or damage. In respect of all liability, our total liability to you arising out of or in connection with these Terms shall be limited in the aggregate to the greater of £1,000 or the total subscription fees payable by you.

Limitation of liability in you’re a UK Consumer

If digital content we provide to you damages a device or Content belonging to you as a result of our failure to use reasonable skill and care in providing it, we’ll either repair the damage or pay you compensation. This protection does not extend to damage caused by Content received from other users of our Service, or that you access, share or send through your use of our Service.

Except for the above paragraph and where we say that we don’t exclude or limit our liability above, our maximum liability under these Terms to you for foreseeable losses and damage caused by our failure to comply with these Terms will be limited to a total of £1,000 as long as we provide the Service to you with reasonable skill and care and within a reasonable time. We use the word 'foreseeable' here to mean that it was obvious it would happen if we failed to comply, or that at the time you accepted these Terms we both knew it might happen.

We'll not be liable for:

  • damage that you could have avoided by following our advice to apply an update (which if it relates to our software, we made available free of charge) or for damage that was caused by you failing to correctly follow installation instructions or to have in place any minimum technical requirements.
  • any loss of profit, loss of business, business interruption, or loss of business opportunity where you use our Service for any commercial, business or re-sale purposes.

Things outside our reasonable control

Things outside our reasonable control may happen that mean, for example, that you’re unable to access our Service or its impacted (e.g. problems with the Internet, third party hardware, services or software). This is not an exhaustive list, simply illustrative. We’ll not be responsible for these incidents provided that we try to avoid or remove the cause where we reasonably can.

Confidential Information

What is it?

Confidential information is information that’s either marked as confidential, or which should reasonably be considered so. It includes details as to how our technology works, what we’re thinking of developing (sometimes called roadmaps), features of or products, audit reviews, how we work and so on. It will also include things you provide to us like your Content. We each agree that each other’s confidential information must kept confidential and only used as stated below.

Permitted uses

Confidential information can be: (i) used for the purposes described in the Terms; (ii) disclosed to those who need to know if for the purposes of these Terms and who’ve agreed to treat it confidentially; and (iii) disclosed for legal or regulatory reasons.

When it won’t be confidential

If you tell us information that: (i) we already knew when you told us; (ii) becomes public knowledge after you tell us; (iii) we’re told by someone else who isn’t bound by confidentiality to you; or (iv) we develop without relying on what you told us, then it won’t be confidential. The same goes for information that we tell you.

Other important terms

We can transfer these Terms to someone else

We'll tell you if we’ve transferred your agreement with us away from the relevant Egress entity. Where we do so, we’ll ensure that the transfer will not affect your rights under these Terms.

You can't assign these Terms or the access we allow to someone else

Third parties cannot take over your account unless specifically set out in these Terms.

No-one else has rights under these Terms

These Terms are binding between you and us. No-one else has rights to enforce them, and we'll not need anyone else's consent to change them.

If a term is unenforceable, the rest continue in force

Each of the sections of these Terms operates separately. If a court or other relevant authority decides that any of them (or any changes that we make) are unlawful, the remaining paragraphs and sentences will remain in force.

Delays or failures don’t prevent future use

If either of us fails to use, or delays in using, a right or remedy set out in these Terms or available by law, that won’t constitute a waiver or prevent it from being used in future. That’s also true if it is only partially used.

Notices

We'll use the information you provide when registering if we need to contact you or to serve a notice on you. We may use email to notify you of any changes to these Terms. If you need to contact us, or to give us notice, use the details above. Notices are treated as delivered 1 day after being sent by overnight courier, or 2 days after being sent by first class mail postage prepaid. Email can't be used for delivering notices relating to legal proceedings.

These Terms contain our whole agreement

These Terms, along with your order and other policies, webpages or documents referred to in them, contain the entire agreement between you and us, and supersede and replace any previous arrangement, understanding or agreement between us relating to the use of our Service. Neither of us relies on anything that’s not set out in your order, these Terms or any referenced policy, webpage or document.

Changing these Terms

We reserve the right to modify or amend these Terms from time to time. We’ll post the most current version to www.egress.com/legal. If we make material changes to them, we’ll notify you either through our Service or by email to the address associated with your account. If you don’t accept the changes, you must stop using our Service and cancel all your subscriptions using the facility within your account. Continued use of our Service after publication or notification of a change means you agree to the updated terms.

Changing our Service

We may change our Service at any time: for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features; to reflect advancements in technology; to make reasonable technical adjustments; and, to ensure the ongoing operability of it. We may also stop the Service altogether. If we withdraw key user facing functionality (other than where we make changes to user experience or the user interface) you may reject these changes in which case you must stop using our Service and cancel all your subscriptions using the facility within your account. Continued use of our Service after publication or notification of a change means you agree to the updated Service.

Governing law and jurisdiction

Where you’re resident

Governing law

Courts with exclusive jurisdiction

Special terms

North America

State of Delaware (without regard to its conflict of law principles). 

State or federal courts in and for Boston, Massachusetts

Where applicable, each of us hereby waives its respective rights to a jury trial of any claim or cause of action relating to or arising out of these Terms. This waiver is intended to encompass all disputes that may be filed in any court and that relate to these Terms’ subject matter (including contract, tort, breach of duty and all other common law and statutory claims).

Rest of the World

England and Wales (except if you're a resident of Northern Ireland or Scotland when you may bring proceedings there)

Courts of England and Wales (except if you're a resident of Northern Ireland or Scotland and have brought proceedings there when the Northern Irish or Scottish Courts will have jurisdiction).

N/A

United States specific provisions

Indemnity and Release

You agree to release, indemnify and hold us and the Egress group (and their respective officers, employees, directors, agents, successors and assigns) (collectively, “Egress Parties”) harmless from any from any and all losses, liabilities, damages, fines, penalties, expenses, including reasonable attorneys’ fees and costs, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Service, any Content, your connection to our Service, your violation of these Terms, your violation of any rights of another, or your violation of applicable law. Notwithstanding the foregoing, you’ll have no obligation to indemnify or hold harmless any Egress Parties from or against any liability, losses, damages or expenses incurred as a direct result of any action or inaction of such party. If you’re a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you’re a resident of another jurisdiction in the United States, you waive any comparable statute or doctrine.

Copyright infringement

We respect the intellectual property rights of others. If your copyright or trademark is being infringed, please use our online form here. We reserve the right to remove infringing content and to disable associated accounts.

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