These terms set out how you can use www.egress.com, www.egress.force.com/partner (our partner portal), and the apps that we make available to access our services (collectively, our Sites). By using our Sites you confirm that you accept them. If you don’t, then please don’t use them.
We reserve the right to change these terms without notice, so please do check back here regularly.
Who we are and how to contact us
We’re Egress Software Technologies Limited. We’re registered in England and Wales under company number 06393598. Our registered office is on the 12th Floor, The White Collar Factory, 1 Old Street Yard, London, EC1Y 8AF. Our VAT number is 921 4606 46. You can get in touch at email@example.com.
We provide our Sites on behalf of ourselves and our Group, including our operations in the:
- United States – Egress Software Technologies, Inc., a Massachusetts corporation, Suite 2, Level 3, 268 Summer Street, Boston MA 02210
- Netherlands – Egress Software Technologies Limited – Netherlands Branch, a foreign legal entity: Private Limited company (UK), Franciscusweg 10-5, 1216 SK Hilversum, the Netherlands
Using our sites
If you log in to our services through our Sites or our apps, then the terms of your right to access our services will also apply.
You’re responsible for ensuring that you keep any log-in details secure and are responsible for all activity that takes place through your account, whether or not this activity is authorised by you. You must notify us immediately if you become aware or otherwise suspect, any unauthorised access to or use of your account, and must change your password regularly.
Who our Sites are directed at
Our Sites are directed to people resident in the United Kingdom, United States and Europe. We don’t represent that any content or services available on or through any of them is appropriate for use or available in other locations.
Changes to our Sites
We reserve the right to update, upgrade or change one or more of our Sites from time to time (e.g. to reflect changes in our services, products, user or business needs or priorities, security practices, partner programme, the information we collect, functionality, layout and design etc.).
Use of content we make available on our Sites
We own (or licence) all intellectual property rights in our Sites and the material published on them. These works are protected by copyright laws and treaties around the world, and all such rights are reserved. Our status (and that of any identified contributors) as authors of content on our Sites must always be acknowledged. You must not use any part of the content on our Sites for commercial purposes without obtaining a licence from us (or our licensors or contributors) to do so.
You may print off one copy, and download extracts, of any pages from our Sites for your personal use. You can draw the attention of others within your organisation to content posted on our Sites. Paper or digital copies of any content that you print off or download in any way must not be modified. You also must not use illustrations, photographs, video, audio or graphics from our Sites without any accompanying text or credits. If you print off, copy or download any part of our Sites or their content in breach of these terms, your right to use our Sites and that content will cease immediately. You must then, at our option, return or destroy any copies of content that you’ve made.
The content we make available on our Sites is provided for general information only. It isn’t intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on our Sites.
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that content on our Sites is accurate, complete or up-to-date.
Our Sites are made available free of charge and “as is”. We don’t guarantee that they, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of a Site or the Sites for business and operational reasons, for reasons beyond our control or for any other reason considered by us to be appropriate in the circumstances. We’ll try to give you reasonable notice of any suspension or withdrawal (but are not obliged to).
You’re responsible for ensuring that all persons who access our Sites through your internet connection(s) are aware of these and other applicable terms and that they comply with them.
Third party sites and links
We may include links from time to time on our Sites to other third-party sites and resources. These are provided for your information only, and the inclusion of these links should not be interpreted as approvals or recommendations of those sites, resources or any information you may obtain from them. We have no control over the content of those sites or resources and are not liable or responsible for them.
You must not establish a link to our partner portal.
Linking to egress.com
You may link to the home page of egress.com provided that you do so in a way that is both fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to egress.com in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to egress.com in any website that isn’t owned by you. egress.com must not be framed on any other site, nor may you create a link to any part of egress.com other than the home page. Any website in which you are linking to egress.com must comply in all respects with the content standards set out in our acceptable use policy, available at www.egress.com/legal.
We reserve the right to withdraw linking permission without notice and without liability to you.
‘Egress’ and our logo are trademarks of Egress Software Technologies Limited or its group companies in a number of countries, including the United Kingdom and the United States. You’re not permitted to use them without our approval, unless they are part of material you are using as permitted under the section ‘Use of content we make available on our Sites’ above.
Content cannot be uploaded to our Sites unless through use of our platform and associated services. Any content that is uploaded, stored or shared through our platform will be governed by the relevant terms that you sign up to when registering or purchasing access rights.
We don’t guarantee that our Sites will be secure or free from bugs or viruses. You’re responsible for configuring the hardware, devices and software you use to access our Sites and services. You must use your own virus protection software and firewalls. We’ll not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect or affect your hardware, devices and software due to your use of our Sites.
You must comply with our Acceptable Use Policy here and must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which one or more of them is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence (including, in the United Kingdom, under the Computer Misuse Act 1990). We’ll report any such breach to the relevant law enforcement authorities in relevant jurisdictions and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
Exclusion of liability
To the fullest extent permitted by applicable law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and any liability for any direct, indirect and consequential loss or damage incurred by any user in connection with our Sites (or the use, inability to use, or results of the use of our Sites, any websites linked to from them and any content) including without limitation loss of income or revenue, business, profits or contracts, anticipated savings, data, goodwill, or wasted management or office time; and for any other loss or damage however arising.
UK and EEA consumers: Please note that we only provide our Sites for domestic and private use. You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we’ll not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us.
UK users: This section does not affect our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law. It also does not affect any liability that arises in respect of the provision by us of access to our Sites and associated services. Any such liability shall be subject to the terms we have in place with you for such access.
If you breach these terms
If you breach these terms or any of the policies referred to in them, your right to use our Sites ceases immediately.
Partner Portal specific terms
Our partner portal is for the use of partners who register for the Egress Partner Programme. If you’re new to our partner portal and wish to understand how to register, please complete the form that we’ve set out at https://pages.egress.com/PartnerUserSignUpForm.html.
Any application to the Egress Partner Programme and to use our partner portal is subject to our approval. If you’re successful, any email address that you’ve provided will become your user name and we’ll provide a one-time password that you’ll need to reset on first use.
Information within our partner portal is confidential and, as part of joining the Egress Partner Programme you’ll be asked to sign our:
- mutual NDA at https://pages.egress.com/nda.html, the terms of which will also apply to your use of the partner portal.
- Partner Programme Agreement.
As a member of the Egress Partner Programme you may provide information to us through the partner portal related to your activities and opportunities. When you do so, this information will be transferred from our partner portal into our internal management systems to enable us to identify, check, track, pursue and close sales or other opportunities. We hold this information (including any personal data within it) as a controller. You may yourself be an independent controller, not a joint controller, of some or all of this information. We will be free to use it for our own purposes and to determine when, how and where it is processed and will not be restricted by intellectual property rights or otherwise (subject to compliance with relevant data protection laws).
If you wish to close your account or otherwise leave the Egress Partner Programme, please get in touch with us by emailing firstname.lastname@example.org. Please remember we may need to verify your identify prior to deleting your account and so bear with us if we ask for some additional information prior to doing so.
About us and applicable law
We’re the Egress Software Technologies Group. You can find out more details about us at www.egress.com/about and you can contact us at email@example.com. When contacting us we strongly recommend you don’t email us confidential or personal information. If you do, it’s at your own risk although the terms of this policy will apply to our use of that information.
Where you’re resident
Who we are
Courts with exclusive jurisdiction
Egress Software Technologies, Inc.
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 this policy. This waiver is intended to encompass all disputes that may be filed in any court and that relate to the subject matter of this policy (including contract, tort, breach of duty and all other common law and statutory claims).
Rest of World
Egress Software Technologies Limited.
England and Wales (except if you’re a consumer resident of Northern Ireland or Scotland when you may bring proceedings there)
Courts of England and Wales (except if you’re a consumer resident of Northern Ireland or Scotland and have brought proceedings there when the Northern Irish or Scottish Courts will have jurisdiction)
Our Sites are provided by Egress Software Technologies Limited, registered in England and Wales (number 06393598) for and on behalf of itself and the other members of the Egress Software Technologies Group.
5 July 2019