Terms of Service
Last updated: February 28, 2020
Please read these Terms of Service (“Terms”) carefully before using the app.enrollsy.com website, and any affiliated websites, features, services, products, software and other services, or any portion thereof (the “Service”) operated by Enrollsy, Inc. (“Enrollsy”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service, including customers (“Customers”) that have signed up for a Subscription (as defined below) in one or more agreements or order forms, including any addenda and supplements thereto (each, an “Order Form”), such Customer’s authorized users who wish to access or use the Service. These Terms, along with any Order Form, create a legal agreement directly between you and us and explain the rules governing your use of the Service (this “Agreement”). In the event of a conflict between these Terms and any Order Form, the terms of the Order Form shall govern.
By accessing or using the Service, you agree to be bound by this Agreement. If you disagree with any part of this Agreement, then you do not have permission to access the Service.
We grant you a revocable, non-exclusive, non-transferable, limited license to use the Service solely for your personal, non-commercial purposes strictly in accordance with this Agreement.
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any service to which it connects, in whole or in part, with or without notice, and without liability to you.
We may from time to time provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionality of the Service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii) subject to this Agreement.
Responsibilities and Restrictions
Each Customer is responsible for all acts and omissions of its authorized users, and any act or omission by an authorized user that would constitute a breach if taken by a Customer that has subscribed for the Service will be deemed a breach of this Agreement by such Customer.
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the Service available to any third party.
- Copy or use the Service for any purpose other than as permitted under the “License” section above.
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Service.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or licensors of the Service.
By creating an account on our Service (“Account”), you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis for any Subscriptions (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription in one or more Order Forms.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless cancelled by you or us. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including a credit card or a bank account and routing number, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Fees (as defined below) incurred through your Account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must pay manually, by a certain date, with the full payment corresponding to the billing period as indicated on the invoice.
We may, in our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
You agree to pay us any Subscription fees (“Fees”) as set forth in an Order Form without offset or deduction. You agree to reimburse us for all costs incurred by us in collecting any late payments or interest, including attorney’s fees. All Fees are exclusive of all taxes and similar assessments, other than any taxes imposed on our income. Without limiting our other rights and remedies, we may suspend performance of our obligations under this Agreement if you fail to cure any undisputed invoices or charges within 15 days after receipt of written notice.
We may, in our sole discretion and at any time, modify the Fees for the Subscriptions. Any Fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Fee change comes into effect constitutes your agreement to pay the modified Fee amount.
Except when required by law, paid Fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) you own such Content and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
We reserve the right but not the obligation to monitor and edit all Content provided by users.
In addition, the Service and all information and data made available to you through the Service is our property. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such data or information, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to the Service shall become our property. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.
When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights (excluding Content provided by users), are and will remain the exclusive property of Enrollsy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Enrollsy.
Each party shall take all reasonable measures to keep and hold any information that is confidential to the other party (“Confidential Information”) that it receives in confidence and shall not disclose such Confidential Information to any third party (other than as provided herein). Our Confidential Information includes the Service and this Agreement. The receiving party shall not use any Confidential Information for any purpose not stated in this Agreement. The receiving party shall limit dissemination of and access to Confidential Information to those employees, subcontractors, consultants or agents (collectively, “Representatives”) who have a good faith need for such access to effectuate the purpose of this Agreement, provided that each party shall be responsible for any breach of confidentiality by its Representatives. Promptly upon the disclosing party’s request at any time, the receiving party shall return all of the disclosing party’s tangible Confidential Information, permanently erase all electronic Confidential Information and destroy all derivatives developed therefrom, except for any records or files that cannot reasonably be deleted or that is required to be retained in accordance with applicable law.
Links To Other Web Sites
Our Service may display, include, or make available third-party content (including data, information, applications and other products/services) or provide links to third-party websites or services (“Third-Party Services”).
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third-Party Services, or any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you can access and use them entirely at your own risk and subject to the terms and conditions of such Third-Party Services.
Term and Termination
For Customers (as well as their authorized users) that have entered into an Order Form, the “Term” of this Agreement shall be for the term defined in the Order Form (and any renewal term).
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement.
Upon termination or expiration of this Agreement, all rights and licenses granted by us to you shall immediately cease. The termination or expiration of this Agreement shall not affect any Fees then currently due and owing by you to us.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Enrollsy, its affiliates, licensors, and each of their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use (or misuse) of the Service, by you or any person using your Account; b) your breach of this Agreement, or c) Content you submit or make available through the Service.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Enrollsy, its affiliates, licensors, and each of their respective employees, contractors, agents, officers and directors, under any provision of this Agreement, and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.
In no event will Enrollsy, its affiliates, licensors, and each of their respective employees, contractors, agents, officers and directors, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service or such other websites or any services or items obtained through the Service or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Enrollsy, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express or implied, statutory or otherwise, with respect to the Service or the information, content, and materials provided therein, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Enrollsy provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
This Agreement shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.