Website Terms of Use

These terms set out how you can use www.egress.com (including our eCommerce platform), https://egress.force.com/partner/s/login/  (our partner portal), and the apps that we make available to access our services (collectively, our Sites). By using our Sites you confirm that you accept them. If you do not, then please do not use them. We reserve the right to change these terms without notice, so please do check back here regularly. These terms were last updated on the date at the bottom of this page.

Who we are and how to contact us

We are Egress Software Technologies Limited. We are registered in England and Wales under company number 06393598. Our registered office is on the 12^th Floor, The White Collar Factory, 1 Old Street Yard, London, EC1Y 8AF. Our VAT number is 921 4606 46. You can get in touch at info@egress.com.

We provide our Sites on behalf of ourselves and our Group companies:

• United States – Egress Software Technologies, Inc., a Massachusetts corporation, Level 7, Industrious, 22 Boston Wharf Road, Boston, 02210, United States.
• Canada - Egress Software Technologies Inc (an Ontario Corporation, number 885902-7) 30 Via Renzo Drive, Suite 200, Richmond Hill, ON L4S, 0B8, Canada
• Netherlands – Egress Software Technologies Limited – Netherlands Branch, a foreign legal entity: Private Limited company (UK) with registration number 74110462, Herengracht 420, 1017 BZ, Amsterdam
• Australia – Egress Software Technologies Pty Ltd, 80 Ann Street, Brisbane, Queensland 4000, Australia

Using our Sites

When you are just browsing our Sites then these terms, our website privacy policy, Cookie Policy and Acceptable Use Policy all apply. You can find them at www.egress.com/legal.

Using our services

Please be aware of what a genuine secure email notification through our services looks like.

If you log in to our services through our Sites then your access will be subject to our Online Subscriber Terms which can be found at www.egress.com/legal/online-subscriber. .  If your employer or organisation provides you with access, the contract between us and them will apply to your use (and if you have any questions, please contact the relevant internal team where you work). 

You are responsible for ensuring that you keep any log-in details secure and are responsible for all activity that takes place through your account, whether or not this activity is authorised by you. You must notify us immediately if you become aware or otherwise suspect, any unauthorised access to or use of your account, and must change your password regularly.

Subscribing to our services through our Sites

You must be aged 16 or over to register for an account with us, or otherwise be given access to our services by your employer or other organisation where they are our customer.

You can subscribe for free or purchase a paid-for subscriptions to our services through our website. Your account will be subject to our Online Subscriber Terms. If you purchase a subscription through our website then you may pay for that subscription using a third-party service (and their terms will be relevant to the payment process). 

Who our Sites are directed at

Our Sites are directed at people resident in the United Kingdom, United States, Canada, Europe, Australia and New Zealand. We do not represent that any content or services available on or through any of them is appropriate for use or available in any other locations.

We may block access to our Sites and services if we believe that you may be accessing them from certain jurisdictions (such as those that are subject to sanctions or other trade embargoes).

Changes to our Sites

We reserve the right to update, upgrade or change one or more of our Sites from time to time (e.g. to reflect changes in our services, software updates, user or business needs or priorities, security practices, partner programme, the information we collect, functionality, layout and design etc.).

Use of content we make available on our Sites

We own (or licence) all intellectual property rights in our Sites and the material published on them. These works are protected by copyright laws and treaties around the world, and all such rights are reserved. Our status (and that of any identified contributors) as authors of content on our Sites must always be acknowledged. You must not use any part of the content on our Sites for commercial purposes without obtaining a licence from us (or our licensors or contributors) to do so.

You may print off one copy, and download extracts, of any pages from our Sites for your personal use. You can draw the attention of others within your organisation to content posted on our Sites. Paper or digital copies of any content that you print off or download in any way must not be modified. You also must not use illustrations, photographs, video, audio or graphics from our Sites without any accompanying text or credits. If you print off, copy or download any part of our Sites or their content in breach of these terms, your right to use our Sites and that content will cease immediately. You must then, at our option, return or destroy any copies of content that you have made.

The content we make available on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on our Sites.

Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that content on our Sites is accurate, complete or up-to-date.

Availability

Our Sites are made available free of charge and “as is”. We do not guarantee that they, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of a Site or the Sites for business and operational reasons, for reasons beyond our control or for any other reason considered by us to be appropriate in the circumstances. We will try to give you reasonable notice of any suspension or withdrawal (but are not obliged to).

You are responsible for ensuring that all persons who access our Sites through your Internet connection(s) are aware of these and other applicable terms and that they comply with them.

Third party sites and links

We may include links from time to time on our Sites to other third-party sites and resources. These are provided for your information only, and the inclusion of these links should not be interpreted as approvals or recommendations of those sites, resources or any information you may obtain from them. We have no control over the content of those sites or resources and are not liable or responsible for them.

You must not establish a link to our partner portal.

Linking to egress.com

You may link to the home page of egress.com provided that you do so in a way that is both fair and legal and does not damage our reputation, the reputation of our services or software, or take advantage of it. You must not establish a link to egress.com in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to egress.com in any website that is not owned by you. egress.com must not be framed on any other site, nor may you create a link to any part of egress.com other than the home page. Any website in which you are linking to egress.com must comply in all respects with the content standards set out in our acceptable use policy, available at www.egress.com/legal.

We reserve the right to withdraw linking permission without notice and without liability to you.

Trademarks

‘Egress’ and the power button logo are trademarks of Egress Software Technologies IP Limited or its group companies in a number of countries, including the United Kingdom, Europe, Australia, New Zealand and the United States. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under the section ‘Use of content we make available on our Sites’ above.

Uploading content

Content cannot be uploaded to our Sites unless through use of our services. Any content that is uploaded, stored or shared through our services will be governed by the terms that we set out under 'Using our services' above.

We want to know if you believe our Sites and/or services are being misused so if you:

• are concerned about the nature of the content you receive let us know here (including if content that is not illegal, but may be harmful to others, is being shared).
• believe your intellectual property rights are being infringed let us know here (you can use this form if you are in the United States). 

Viruses

We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring the hardware, devices and software you use to access our Sites and services. You must use your own virus protection software and firewalls. We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect or affect your hardware, devices and software due to your use of our Sites.

You must comply with our Acceptable Use Policy and must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which one or more of them is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence (including, in the United Kingdom, under the Computer Misuse Act 1990). We will report any such breach to the relevant law enforcement authorities in relevant jurisdictions and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

Exclusion of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, AND ANY LIABILITY FOR ANY DIRECT, INDIRECT AND CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITES (OR THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITES, ANY WEBSITES LINKED TO FROM THEM AND ANY CONTENT) INCLUDING WITHOUT LIMITATION LOSS OF INCOME OR REVENUE, BUSINESS, PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL, OR WASTED MANAGEMENT OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE HOWEVER ARISING. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY SET OUT IN THIS SECTION AND IN THOSE CIRCUMSTANCES OUR LIABILITY SHALL BE EXCLUDED AND LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN THOSE JURISDICTIONS.

UK AND EEA CONSUMERS: PLEASE NOTE THAT WE ONLY PROVIDE OUR SITES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED, DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE ANY MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT ARISES IN RESPECT OF THE PROVISION BY US OF ACCESS TO OUR SERVICES. ANY SUCH LIABILITY SHALL BE SUBJECT TO THE TERMS WE HAVE IN PLACE WITH YOU (OR YOUR EMPLOYER OR ORGANISATION WHERE APPLICABLE) FOR SUCH ACCESS.

If you breach these terms

If you breach these terms or any of the policies referred to in them, your right to use our Sites ceases immediately.

App specific terms

Your use of our apps will be subject to the subscription terms that apply to your use of our services.  We may block older versions of our apps to help protect your security.  Please ensure that your device always meets the required minimum specification and that you update the app when we release new versions or updates to it.  Services may be affected by phone signal, operating system and functionality.  You can usually use our app, but sometimes repairs, updates and maintenance may means some of the services or functions are not available or may be slow for a short time.  If you want to use our app and services, you are responsible for making sure it is lawful to do so in the country you are in and for complying with local laws.  We may block access to our apps (or the ability to download them) if we or a relevant app store believe that you may be accessing them or attempting to download them from certain jurisdictions (such as those that are subject to sanctions or other trade embargoes).

We may collect generic, non-personally identifiable information about your device, such as the type of device, its operating system and the version of our app that you are running.  This information helps us to identify and resolve any faults or issues with our app and their performance.

Partner Portal specific terms

Our partner portal is for the use of partners who register for the Egress Partner Programme. 

Any application to the Egress Partner Programme and to use our partner portal is subject to our approval. If you are successful, any email address that you have provided will become your user-name and we will provide a one-time password that you will need to reset on first use.

Information within our partner portal is confidential and, as part of joining the Egress Partner Programme you will be asked to sign our mutual non-disclosure agreement and Partner Programme Agreement.

As a member of the Egress Partner Programme you may provide information to us through the partner portal related to your activities and opportunities. When you do so, this information will be transferred from our partner portal into our internal management systems to enable us to identify, check, track, pursue and close sales or other opportunities. We hold this information (including any personal data within it) as a Controller. You may yourself be an independent Controller, not a joint Controller, of some or all of this information. We will be free to use it for our own purposes and to determine when, how and where it is processed and will not be restricted by intellectual property rights or otherwise (subject to compliance with relevant data protection laws).

If you wish to close your partner portal or otherwise leave the Egress Partner Programme, please get in touch with us by emailing channelteam@egress.com. Please remember we may need to verify your identify prior to deleting your account and so bear with us if we ask for some additional information prior to doing so.

About us and applicable law

You can find out more details about us at www.egress.com/about and you can contact us at info@egress.com. When contacting us we strongly recommend you do not email us confidential or personal information. If you do, it is at your own risk although these terms will apply to our use of that information.

Where you are resident	Who we are	Governing law	Courts with exclusive jurisdiction	Special terms
United States of America and South America	Egress Software Technologies, Inc. (a Massachusetts corporation, ID number 001158155) One Marina Park Drive, Suite 1410, Boston, MA 02210	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 this policy. This waiver is intended to encompass all disputes that may be filed in any court and that relate to the subject matter of this policy (including contract, tort, breach of duty and all other common law and statutory claims).
Canada	Egress Software Technologies Inc (an Ontario Corporation, number 885902-7) 30 Via Renzo Drive, Suite 200, Richmond Hill, ON L4S, 0B8, Canada	Province of Ontario	Province of Ontario	N/A
EU and EEA	Egress Software Technologies Limited (registered number: 06393598, registered as a foreign legal entity on the Dutch Chamber of Commerce) CCI: 74110462 Herengracht 420, 1017 BZ, Amsterdam, The Netherlands	Dutch Law	NCC District Court and NCC Court of Appeal Chamber.  All proceedings will be in English. In the event that the NCC District Court and/or the NCC Court of Appeal Chamber are incompetent for any reason, the Courts of Amsterdam, The Netherlands shall have exclusive jurisdiction.
Australia and New Zealand	Egress Software Technologies Pty Ltd, Suite 902, Level 9, 146 Arthur Street, North Sydney, NSW 2060	Federal laws of Australia and the State of NSW	Sydney, NSW, Australia
Rest of World	Egress Software Technologies Limited. Registered in England and Wales (number 06393598). Registered office: 12th Floor, The White Collar Factory, 1 Old Street Yard, London, EC1Y 8AF, United Kingdom. VAT number: 921 4606 46.	England and Wales (except if you are a consumer resident of Northern Ireland or Scotland when you may bring proceedings there)	Courts of England and Wales (except if you’re a consumer resident of Northern Ireland or Scotland and have brought proceedings there when the Northern Irish or Scottish Courts will have jurisdiction)

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

Last updated

26 April 2023