Terms of Service
Thank you for using EngagePlus.
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts and so on (“Your Stuff”). Your Stuff is yours. These Terms do not give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Waiver, Severability & Assignment
EngagePlus’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EngagePlus may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
- changes to the law,
- new regulatory requirements, or
- improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you do not agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you are deemed to agree to be bound by the revised Terms.
You may cancel your EngagePlus Account at any time. Refunds are only issued if required by law.
Your Account will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Paid Account on time, we reserve the right to suspend it.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if:
- you are in breach of these Terms,
- you are using the Services in a manner that would cause a real risk of harm or loss to us or other users;
- you do not have a Paid Account; or
- you haven’t accessed our Services for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps, we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
- you are in material breach of these Terms,
- doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- we’re prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond EngagePlus’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
Limitation of Liability
We do not exclude or limit our liability to you where it would be illegal to do so—this includes any liability for EngagePlus’s or its affiliates’ fraud or fraudulent misrepresentation in providing the services. in countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, engage, its affiliates, suppliers or distributors won’t be liable for:
- any indirect, special, incidental, punitive, exemplary or consequential damages, or
- any loss of use, data, business, or profits, regardless of legal theory.
These exclusions or limitations will apply regardless of whether EngagePlus or any of its affiliates has been warned of the possibility of such damages.
If you use the services for any commercial, business or re-sale purpose, EngagePlus, its affiliates, suppliers or distributors will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, EngagePlus and its affiliates aren’t responsible for the conduct, whether online or offline, of any user of the services. Other than for the types of liability we cannot limit by law (as described in this section), we limit our liability to you to the greater of $20 USD or 100% of the amount you’ve paid for in the preceding month under your current service plan with EngagePlus.
Let’s try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against EngagePlus, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email.
These Terms constitute the entire agreement between you and EngagePlus with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
These Support Policies apply to your use of EngagePlus’s SaaS (Software as a Service) and related offerings. These SaaS Support Policies may be updated from time to time.
SaaS Updates may address security fixes, critical patches, general maintenance functionality, and documentation and shall be made available at EngagePlus’s discretion. EngagePlus is under no obligation to develop any future functionality or enhancements. If an update for a SaaS product is made available to you pursuant to these SaaS Support Policies, it shall automatically replace the previous version of the applicable SaaS product.
Where practical, EngagePlus will schedule such SaaS Updates during non-business hours and will provide you with notice.
First Line Support & Authorized Technical Contacts
You must designate at least one authorized technical contact within your organization who is responsible for sending support requests to EngagePlus and monitoring the progress of escalated issues. Your authorized technical contact(s) must be knowledgeable about the EngagePlus SaaS offering and your technical environment in order to work with EngagePlus to analyse and resolve any support requests.
You must establish and maintain processes as necessary to manage first line support for users of the EngagePlus SaaS within your organization. If after reasonable efforts you are unable to diagnose or resolve the error(s), your authorized technical contact(s) may contact EngagePlus for technical support via phone or web and assign the correct severity as defined below.
EngagePlus is committed to rapid response of all support requests. Support requests received by EngagePlus will be internally prioritized based on severity levels. You will allow EngagePlus reasonable time to fix any support requests. You understand and accept that some issues may take a longer time to resolve. EngagePlus does not guarantee resolution times, and a resolution may consist of a fix, workaround, service alternative or any other solution EngagePlus deems reasonable.
Changes to this support policy
You acknowledge that EngagePlus’s business support hours are as follows:
Mondays – Fridays: 11:00am – 11:00pm (GMT +8)
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address and phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in or accessing to certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
EngagePlus may collect and use Users personal information for the following purposes:
To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
To improve our Site
We may use feedback you provide to improve our products and services.
To send periodic email
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information with our business partners, trusted affiliates and advertisers. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. We are also not responsible for any losses or damages caused by visiting these websites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.