The most powerful engagement platform
Engage Spaces: Community Engagement Tools to Connect, Communicate, Train and Track
Engage Spaces Inc. is an integrated work environment that allows teams and communities of all shapes and sizes to thrive, and includes any and all of the functionalities, application programming interface and tools offered as part of Engage Spaces Inc., online and via mobile application.
We may add, modify or discontinue any feature, functionality or any other tool, within the Service, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Service, then we will notify you by posting an announcement via the Service or by sending you an email.
All content, including text, graphics, photos and video, which is provided by the customer, is owned by the customer. All functional components, including software, and the accompanying documentation is owned by Engage Spaces Inc. and is protected by Canadian copyright laws and international treaty provisions. You may not modify, disassemble, decompile or reverse engineer any functional components or documentation, except as consented to in writing. You may not sublicense, assign or transfer this license or any functional component within the software. This license will automatically terminate if you transfer possession of any copy of the software or any functional component within the software to any other party.
Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of the Service, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of theService, or any part thereof; (v) take any action that imposes or may impose an unreasonable or disproportionately large load on the Engage Spaces infrastructure or infrastructure which supports the Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (vii) remove, deface, obscure, or alter Engage Spaces or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service, or use or display logos of the Service without Engage Spaces' prior written approval; (viii) use the Service or for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Authorized Users) to do any of the foregoing.
Engage Spaces Inc. may collect personal information about individuals (clients, suppliers, employees etc.) in order to better manage its business. The organization will make all reasonable efforts to fully inform such individuals about planned use/disclosure of personal information and to ensure that personal information collected is accurate and complete.Individuals providing personal information will have the opportunity to review and correct their personal information. The organization will limit the collection and use of personal information to that required for valid business purposes and to comply with legislation.
Engage Spaces Inc. will store personal information using electronic means in such a way as to prevent unauthorized collection, access, use disclosure or disposal of personal information. Engage Spaces Inc. will establish a retention period for all personal information collected. Engage Spaces Inc. will not disclose personal information unnecessarily to employees or any third party, unless the affected individual consents.
Any third party who may handle personal information gathered by us in the course of their relationship with any service to us will agree to meet our standards of privacy, confidentiality, and security. All employees and third party staff who handle or manage personal information acknowledge and agree to adhere to our privacy standards and procedures.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING THIRD PARTY SERVICE PROVIDERS), HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICE, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON'T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CUSTOMER DATA) MAY SUFFER, THAT ARE BEYOND OUR CONTROL. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICE (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE AND/OR THE SITES.
Unless otherwise expressly provided in these Terms of Service, we make no representation, warranty, condition or guarantee as to the merchantability, fitness for a particular purpose or any other representation, warranty, condition or guarantee regarding any aspect of our Service or the reliability of the results found therein.
You agree to indemnify and hold us harmless against any and all claims, damages, liabilities, losses, suits, actions, investigations, proceedings, or causes of action and all related costs and expenses, including, without limitation, all legal fees and expenses by a solicitor and own client basis, relating to any breach of your obligations hereunder, or any unlawful use of the WorkProduct.
In no event will Engage Spaces Inc. be liable to you for any damages whatsoever, including, without limitation, damages for loss of business profits, business interruption, loss of business information, lost savings or other incidental or consequential damages arising out of the use or inability to use the system developed.
Law - These Terms of Service will be governed by the laws of the province of Ontario. Each party attorns irrevocably and unconditionally to the non-exclusive jurisdiction of the courts of the province of Ontario, and to courts to which appeals therefrom may be taken, in respect of all actions, causes of action, suits and proceedings arising out of or relating to these Terms of Service.
Force Majeure - Neither us nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Assignment - No party to these Terms of Service may assign the whole or any part of these Terms of Service without the prior written consent of the other parties, which consent may be given or withheld in the sole discretion of such parties.
Binding - These Terms of Service will bind and benefit each party and their respective successors and permitted assigns.
Service is paid monthly or annually at the preference of the Customer, based on the term specified in the Invoice.
Payment is due on receipt of invoice.
Overdue accounts will be charged 2% interest per month.
In consideration for the provision of the Service, Customer shall pay the applicable fees per the purchased Service, as set forth in the Invoice. Unless indicated otherwise, payments due are stated in Canadian dollars. Customer hereby authorizes Engage Spaces Inc., either directly or through our payment processing service, to charge agreed upon Service Fees via Customer's selected payment method, upon due date. Unless expressly set forth herein, the Service Fees are non-cancelable and non-refundable. We reserve the right to change the Service Fees at any time, upon notice to Customer if such change may affect Customers existing contract upon renewal. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.
Adding features - During the Subscription Term, Customer may upgrade its Subscription Plan by either: (i) adding Authorized Users or (ii) requesting add-on features and functionalities. Upon aSubscription Upgrade, Customer will be billed for the applicable increased amount of Fees, a tour then-current rates (unless indicated otherwise on the Invoice) prorated for the remainder of the then-current Account Term.
Billing - As part of registering, or submitting billing information, to the Service, Customer agrees to provide us with updated, accurate and complete billing information, and Customer authorizes us (either directly or through our affiliates, subsidiaries or other third parties) to charge, request and collect payment (or otherwise charge, refund or take any other billing actions) fromCustomers payment method or designated banking account, and to make any inquiries that we may consider necessary to validate Customers designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from Customers credit card company or banking account (e.g. updated expiry date or card number as may be provided to us by Customers credit card company).
Excessive Usage - We shall have the right, including without limitation where we, at our sole discretion, believe that Customer and/or any of its Users, have misused the Service or otherwise use the Service in an excessive manner compared to the anticipated standard use (at our sole discretion), to offer the Subscription in different pricing and/or impose additional restrictions as for the upload, storage, download and use of the Service, including, without limitation, restrictions on Third Party Services, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.
Account Renewal - In order to ensure that Customer will not experience any interruption or loss of services, Customer’s Account includes an automatic renewal option by default, according to which, unless Customer declines the auto-renewal option or cancels its Account prior to its expiration, the Account will automatically renew upon the end of the then applicable AccountTerms, for a renewal period equal in time to the original Account Term and, unless otherwise notified to Customer, at the same price (subject to applicable tax changes). Accordingly, unless either Customer or us cancel the Account prior to its expiration, we will provide an updated invoice to the client for immediate payment upon or immediately prior to the expiration of the applicable Account Term. If Customer wishes to avoid such auto-renewal, Customer shall cancel its Account, prior to its expiration, at any time by contacting our Customer Support team. Except as expressly set forth in these Terms, in case a Customer cancels its Account, during an Account Term, the Account will not renew for an additional period, but Customer will not be refunded or credited for any unused period within the Subscription Term.
Refund Policy - If the Customer is not satisfied with its initial purchase of the Service, Customer may terminate such Service by providing us a written notice, within 30 days of having first ordered such Services (“Refund Period”). In the event that Customer terminates such initial purchase of the Service, within this period, we will refund Customer the prorata portion of any unused and unexpired Account Fees pre-paid by Customer in respect of such terminated period of the Service, unless such other sum is required by applicable law, in the same currency we were originally paid. After the Refund Period, the Account Fees are non-refundable and non-cancellable.
Non-Refundable Services - Certain Services may be non-refundable. We will identify suchServices as non-refundable, and Customer shall not be entitled, and we shall not be under anyobligation, to terminate the Service and provide a Refund.
Pre-Released Services - Note that we may offer, from time to time, certain Services in an Alpha or Beta versions (the “Pre-Released Services”) and we use best endeavors to identify suchPre-Released Services as such. Pre-Released Services are Services that are still underdevelopment, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.
These Terms are in full force and effect, commencing upon the Effective Date, until the end ofthe Service underlying the Account, either paid or unpaid, unless terminated otherwise inaccordance with these Terms.
Termination by Customer - Customer may terminate its Account by providing notice in writing to Customer Support, whereby such termination shall not derogate from Customer’s obligation to pay applicable Account Fees except where such termination is made within the Refund Period.
Unless mutually agreed otherwise by Customer and us in writing, the effective date of such termination will take effect at the end of the then-current Account Term, and Customer’s obligation to pay the Account Fees throughout the end of such Account Term shall remain in full force and effect, and Customer shall not be entitled to a refund for any pre-paid Account Fees.
It is Customer’s sole liability to export the Customer Data prior to such termination or account expiration. In the event that Customer did not delete the Customer Data from the environment, we may continue to store and host it until either Customer or we, at our sole discretion, delete such Customer Data, and during such period, Customer shall still be able to make a limited use of the Service in order to export the Customer Data. Customer acknowledges the foregoing and its sole responsibility to export and/or delete the Customer Data prior to the termination or expiration of these Terms, and therefore we shall not have any liability either to Customer, nor to any User or third party, in connection thereto.
This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Service, in addition to the restrictions set forth in the Terms of Service. This policy may change as we grow and our Service evolves, so please check back regularly for updates and changes.
1. You represent and warrant that you shall not do, or cause any other person to do, any of the following activities:
1.1. access (or attempt to access), tamper with, or search any portion of the Service and/or its underlying system, network and technology, by any means other than through the interface that is provided by us in connection with the Service (e.g. scraping, spidering or crawling), unless you have been specifically allowed to do so in a separate binding agreement with us;
1.2. probe, scan, or test the vulnerability of any system or network or breach or circumvent anysecurity or authentication measure;
1.3. attempt to disrupt or overwhelm our infrastructure by imposing unreasonable requests orburdens on our resources (e.g. using “bots” or other automated systems to send requests toour servers at a rate beyond what could be sent by a human user during the same period oftime);
1.4. use the Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute materials or content that harm or disrupt the operation of the Service or other infrastructure of Engage Spaces Inc. or others, including Third Party Services. You may not use the Service for deceptive commercial practices or any other illegal or deceptive activities;
1.5. attempt to gain unauthorized access to the Service or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Service;
1.6. impersonate any person or entity, including, but not limited to, an employee of ours, anAdmin, a Customer, or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
1.7. use the Service to violate the privacy of others, including posting private and confidential information of others, without their express permission;
1.8. use the Service to perform or encourage others to perform any activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
1.9. upload to, or transmit from, the Service any data, file, software, or link that contains, or redirects to, a virus, Trojan horse, worm, scripting exploits, bots or other harmful component or a technology that may or is intended to damage or hijack the operation of any hardware, software(including the Service), or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and
1.10. misuse or otherwise use the Service in an excessive manner compared to the anticipated standard use (examined, at our sole discretion), including without limitation, consuming a massive amount of storage or excessive use of bandwidth.
2. You warrant and represent that you are not, and will not encourage others, to upload, transmit or otherwise use in conjunction with the Service, any Customer Data, Public User Submissions, that:
2.1. exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner;
2.2. Infringes either our or a third party’s (including Third Party Service) intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right;
2.3. is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful, pornographic, indecent, harassing, hateful, or otherwise encouraging any illegal, tortious or inappropriate conduct; or
2.4. attacks or otherwise unlawfully relate to others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition
3. We are under no obligation to monitor your activities of the Service. However, we may systematically screen and/or monitor any data, content or information uploaded and/or transmitted into our Service, at any time and for any reason, for compliance with this AUP and the Terms of Service, with or without notice.
4. You acknowledge that it is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to notices of alleged copyright infringement.
5. In addition to any other remedies that may be available to us, in case we suspect that theCustomer Data, public submissions, or any of your activities, or use of the Service, are in violation of this AUP, these Terms of Service or applicable Law, we may (i) remove such violating Customer Data or public submissions, in whole or in part; and/or (ii) terminate or suspend yourAccount or your access to the Service, with or without advance notice and without liability for us.
6. We may modify this AUP, at any time by posting a revised version. By continuing to use the Service or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and theTerms, this AUP will take precedence, but only to the extent required to resolve such conflict.