Terms of Service

Hello from Engagewall, and thanks for taking the time to read our Terms.

By using Engagewall or signing up for an Account, you agree to these Terms, forming a legally binding “Contract” between you (the “Customer”) and Engagewall.

Engagewall^® (“Engagewall”, “we”, or “us”) is an online platform (the “Service”) that allows you to, without limitation, create interactive digital presentations and collect data from “Participants” via web-enabled devices. The Service, through the URL engagewall.com (known as the “Website”, including all subpages under all subdomains and products, and any third-party custom domains as configured by Customer in relation to the Service) is owned by Engagewall Limited, a company registered in England and Wales, company number 11265771.

If you create an Account on behalf of an organisation, the organisation is “Customer”; otherwise, if you are not affiliated with an organisation, you as an individual represent “Customer”.

These “Terms” define the terms and conditions that govern your use of the Service in accordance with the Contract. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

Contact us at info@engagewall.com if you have any questions about these Terms.

Account

1. Eligibility

In order to use the Service, you must: 

1. agree to these Terms;

2. agree to the Privacy Policy;

3. be at least eighteen (18) years old and legally capable of entering into contracts;

4. complete the registration process; and

5. provide complete and accurate contact and billing information. 

By using the Service, you guarantee that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations.

If you sign up for the Service on behalf of an organisation, you represent and guarantee that you have the authority to accept these Terms and enter into the Contract on its behalf. 

We may change eligibility requirements at any time. 

2. Term

The “Term” of the Service starts when you sign up for an Engagewall Account and agree to these Terms; the Term ends when you or we terminate your Account.

3. Termination

We may terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Contract or your Engagewall Account, you must notify us and discontinue using our Service. 

4. Changes

We may update any of the Terms at any time. We will notify you of the new Terms by sending an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. Your continued use of the Service will be subject to the new Terms.

We may change or discontinue any feature of the Service at any time. We may discontinue the entire Service at any time.

5. Security

You are responsible for keeping your password secure. We do not have access to your password and will only have the capacity to offer you instructions on how to reset your password.

You will be solely responsible and liable for any activity that occurs under your Account. 

You must immediately notify Engagewall of any unauthorised access of your Account.

Billing

6. Fees

The price payable by you for subscription and access to our Service will be defined in an applicable ordering document or as otherwise indicated in our Website. 

Any Service fee shall be exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT). We will invoice you for all applicable sales, VAT or similar taxes, itemised separately. You are responsible for payment of all taxes. 

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you may cancel your Account.

7. Automatic Renewal

Recurring payments for Service are automatically renewed. Unless you cancel your subscription before the end of the applicable subscription period, it will automatically renew, and you authorise us to invoice you and use any payment mechanism we have on your record for you to collect the subscription fee (including taxes). 

8. Refunds

Except as otherwise agreed to by Engagewall’s own discretion, we do not provide refunds or credits for any partial subscription periods of service or any feature that you have paid for but not used.

9. Failed Payments

If your subscription payment fails for the Service, or is not paid for on time, we may immediately cancel or revoke your access to the Service.

10. Payment Processor

We use third-party payment processors such as credit card and/or Stripe to bill you for any fees and Services provided through the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Engagewall is not responsible for any and all errors by the payment processors.

Rights

11. Your Rights

You represent and warrant that you have permission to use all of the material and data you submit to Engagewall in the course of using the Service (“Content”). This includes all data from all Authorised Users of your Account. You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms and our Privacy Policy. 

Subject to these Terms, you grant Engagewall a worldwide, non-exclusive, limited term licence to access, use, process, copy, distribute, export and display your Content only as reasonably necessary to (a) provide the Service; (b) to address Service, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by you. 

12. Our Rights

We own our Service, including all related intellectual property rights. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited licence for Customer and its Authorised Users to use the object code version of our software, but solely as necessary to use the Service in accordance with the Contract and the Terms. All of our rights not expressly granted by this licence are hereby retained. 

You agree to be identified as a customer of Engagewall and you agree that Engagewall may refer to you by name, trade name and trademark, and may briefly describe your business in Engagewall’s marketing materials and Website. You hereby grant Engagewall a free, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks to identify you as a customer of Engagewall in listings of its customers, including in its marketing materials or websites. 

If you choose to configure a custom domain when using our Service, you authorise us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.

Rules and Compliance

13. General Rules

By agreeing to these Terms, you promise to follow these rules:

1. You will not collect, upload, publish or transmit any information, material or other content that is illegal, threatening, or libellous;

2. You will not collect, upload, publish or transmit any information, material or other content that violates the rights of third parties, including intellectual property rights;

3. You will not collect, upload, publish or transmit any data that contains malicious code; 

4. You will not collect, upload, publish or transmit any material that may promote hate or violence towards persons or groups on the basis of race, ethnicity, religion, age, disability, disease, gender, gender identity, or sexual orientation. 

14. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”). 

If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute Content through the Service to anyone located in the EEA (each such Member an “EEA Member”) and/or otherwise collect personal information as a result of using the Service, you represent and warrant to Engagewall that: 

1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to Engagewall’s Privacy Policy. 

2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Engagewall and to enable such data to be lawfully collected, processed, and shared by Engagewall for the purposes of providing the Service or as otherwise directed by you. 

3. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Engagewall to deploy cookies and similar tracking technologies lawfully on and collect data from the devices of participants, contacts and end users of the Service in accordance with and as described in the Cookie Statement. 

In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly. 

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.

Liability

15. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Contract—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month. 

Customer is responsible for all login credentials, including usernames and passwords, for administrator accounts as well the accounts of your Authorised Users. We will not be responsible for any damages, losses or liability to Customer, Authorised Users, or anyone else, if such information is not kept confidential by Customer or its Authorised Users, or if such information is correctly provided by an unauthorised third party logging into and accessing the Services. 

16. No Warranties 

To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Contract. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs. 

17. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an Contract to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.

Fine Print

18. Assignments

You may not assign any of your rights under this Contract to anyone else. We may assign our rights to any other individual or entity at our discretion. 

19. Choice of Law

This Contract is and shall be governed by the laws of the England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales. No action by us or Customer arising under this Contract may be brought at any time more than one (1) year after the facts occurred upon which the cause of action arose. 

20. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, acts of hackers, or third-party internet service providers.

21. Survivability

Even if this Contract is terminated, the following sections will continue to apply: Our Rights, Your Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, and Severability.

22. Severability
 

If a section of these Terms isn’t enforceable, then that section will be edited, and the rest of the Contract will still be valid.

23. Amendments and Waiver
 

Amendments or changes to the Contract won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

24. Notification of Security Breach
 

In the event of a security breach that may affect you or anyone on your Participant lists, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your lists, you’ll promptly do so.

You made it!
 

Thanks for reading our Terms in full.

Updated 24th October 2019.