Terms and conditions for free users
These terms (the Terms) are legally binding between the person signing up for the Egress ID and account (you, your) and the Egress Software Technologies group company set out below (we, us or our).
|Who your agreement is with||
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: firstname.lastname@example.org.
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, 268 Summer Street, Boston, MA 02210, United States. Tel: 1-800-732-0746 (toll free) Email: email@example.com.
|Minimum age||You must be aged 16 or over to sign-up to our free service.|
|Start date||Your subscription starts on the date you successfully complete the registration process.|
|Agreement length||Your agreement with us under these Terms lasts until one of us chooses to end it.|
|Total price payable||We don’t charge for our free service. If you upgrade to our paid for services then we'll notify you of the prices at the time.|
|Limits||As a free user you'll be given 25 credits. You'll use 1 credit each time another free user opens an email you've sent them (so if you send an email to 5 free users, you'll use 5 credits). You won't use credits where you send an email to a user who pays for our services. Once you've used these credits, you'll need to upgrade to our paid for services if you want to continue sending emails to other free users.|
|Accessing data on ending your agreement||The access you have to Content may depend on permissions set by the user who shares it with you. If permitted, you may be able to download unencrypted copies from our free service before closing your account. If you don’t you won’t be able to access your Content after doing so.|
|Ending this agreement||
You can end your agreement with us by emailing firstname.lastname@example.org. Just stopping using our free service doesn't end your agreement and your account will remain open.
We can end our agreement with you by giving you 30 days' notice unless we determine that: (i) you’ve breached any of these Terms; (ii) your use of our free service 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. In those circumstances we can suspend or terminate our agreement with you without notice.
|Support services||Our after-sales support team can be contacted at email@example.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.|
|Technical requirements||You need to make sure that the devices that you use to access our free service always meet our most up-to-date minimum requirements set out on our website.|
|Acceptable Use||You must comply with our Acceptable Use Policy.|
Key definitions we use below
|Account Information||the databases, logs and other collections of personal data about you that is provided to us by you, or that we obtain in connection with: (i) the creation and administration of your account; (ii) your use of our platform, website and services; (iii) any permissions, consents or preferences that you give to us; and (iv) you being our customer, and information that we obtain from third parties that may be linked to you, your employer or organisation.|
|Content||the files, data, text, audio, video and images that are transferred, stored, shared or hosted on or through our platform or Services by you, 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 free service
|Right to access and use||We allow you to access and use our free service (and to download and use 1 copy of any software we make available to enable that access) whilst these Terms are in force between us. You can’t transfer these rights to anyone else or let anyone else take advantage of them. We can revoke them at any time. In no circumstances can our free service be used for the benefit of a third party. If you’re registering in a business capacity, you can access and use our free service for business purposes only. If you’re a consumer (being an individual acting for purposes that are wholly or mainly outside its trade, business, craft or profession) you can only access and use our free service for personal or private use.|
|The rights you allow us||You allow us, the other companies in our group and third party companies involved in providing our free service to process, copy, cache, store, display and reproduce your Content where necessary to provide the service to you. We’re not required to pay you for this licence.|
|What you must do||You must make sure that you don’t share your log on details with anyone else. You’re responsible for all activity on your account so you must notify us immediately if you suspect unauthorised activity. You must make sure that all information you provide to us is accurate and 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 free service as described on our website from time to time with reasonable skill and care.|
|Your email address and account||When signing up you’ll choose the email address you wish to use for your Egress ID. If the domain of this address is owned or controlled by an organisation (like your employer) then we may share details of your address with that organisation (e.g. where it 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 this it. Certain information concerning your free user account, including how you've used it, may then become accessible to that organisation and its administrator.|
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 free 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 specifically described a right for you to use any of these in these Terms, you’re not granted any rights in or to them.
If you provide an idea or suggestion as to how our free service or support services could be improved we’ll be entitled to use that idea or suggestion without restriction. By entering into these Terms you irrevocably assign 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 must not reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form all or any part of the free service or any associated software (unless this is allowed by any law that can't be excluded by these Terms).
- 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 (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.
- You’re responsible for ensuring the legality, reliability, integrity, accuracy and quality of the Content that you transfer, store, share and access using our free service.
- Our free 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 free service is provided over the Internet (sometimes called ‘software-as-a-service’). 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 them and we’ll enable that to perform our contracts with you both.
- We may process and disclose your Content if we're required to do so by national, European Union or Member State law which applies to us. We’ll attempt to re-direct any body 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 free 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 free service that need to have access to it to fulfil our obligations under these Terms. We impose contractual obligations around confidentiality, data protection and security on them. You can find out more details on these subcontractors here.
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.
- We’ll also allow processing of Account Information or System Data by our group and subcontractors where necessary to provide our free service to you in accordance with these Terms.
General Data Compliance
|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 free 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 a free user or after we’ve deleted it from your account where it forms part of another user’s Content.|
|Electronic communication||We may send you or display information about our free 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.|
|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 as a free user
|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:
|Things to remember||We don’t promise that use of our free 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||To the maximum extent permitted by applicable law (based on where you’re resident and whether you’re a business or consumer) our free services and any associated software are made available “as is” and we hereby disclaim all guarantees, conditions, warranties and representations, implied, statutory or otherwise concerning them (including those implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement).|
|If you're a business||We exclude all implied conditions, warranties, representations or other terms that may apply to our free service and any Content available through it. We won't be liable to you for: (a) any loss or damage (whether in contract, tort (including negligence)), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, Content or our free service; or (ii) use of, or reliance on, Content; (b) loss of profits, sales, business or revenue; business interruption; anticipated savings; business opportunity, goodwill or reputation; or, any indirect or consequential loss or damage. In respect of all other liability, our total liability to you whilst you’re a free user in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited in the aggregate to £1,000.|
|If you’re a consumer(meaning you’re an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession)||
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 services, or that you access, share or send through your use of our free 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 free 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:
|Things outside our control||Things outside our reasonable control may happen that mean for example you’re unable to access our free service or it’s impacted (e.g. problems with the Internet, third-party hardware, services or software). We’ll not be responsible for these incidents provided that we try to avoid or remove the cause where we can.|
|What is it?||It’s 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), 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||It 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 transfer your agreement with us away from the relevant Egress Software Technologies group company. 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 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 are unlawful, the remaining paragraphs 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, it won’t prevent it 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||They take priority over any previous arrangement, understanding or agreement between us relating to the use of our free service. Neither of us relies on anything that’s not set out in them.|
|Copyright infringement||We respect the intellectual property rights of others. If your copyright or trademark is being infringed, please use our online form here (if you’re located in the United States). We reserve the right to remove infringing content and to disable associated accounts.|
|Changing these Terms||We reserve the right to amend these Terms. We’ll post the most current version to www.egress.com/freeuser. If we make material changes to them, we’ll notify you either through our free service or by email to the address associated with your account. If you don’t accept the changes, you must stop using our free service and close your account by emailing firstname.lastname@example.org. Continued use of our free service after publication or notification of a change means you agree to the updated terms.|
|Changing our free service||We may change our free service at any time, including to stop the service altogether. If we withdraw key user facing functionality (other than where we make changes to user experience or the user interface) which cause detriment to you and you don’t accept them, you must stop using our free service and close your account by emailing email@example.com. Continued use of our free 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|
Who operates our free service
Our free service is provided by or on behalf of Egress Software Technologies Limited, for and on behalf of the Egress group of companies. More information about our group can be found at www.egress.com/about. Details of third parties involved in providing our services can be found at www.egress.com/subcontractors.