Before using any of effy’s services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
Welcome to effysolutions.com, the website and online service of effy Limited (“effy,” “effy Solutions,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service”).
effy Solutions reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. This Agreement applies to all visitors, users, and others who access the Service, whether on behalf of a company or on their own individual behalf (“Users”).
- User Account, Password, and Security
The effy Website is an account – based service. The individual user (You) are responsible for maintaining the privacy of your account and password. You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorized use of your account. effy is not liable for any loss that may occur due to the unauthorized, or authorized use of your account or password, with or without your knowledge. You, can however, be held responsible for any loss that effy may incur due to the authorized or unauthorized use of your account or password with or without your knowledge. You also agree to not use anyone else’s account at any time, unless you have received direct written consent from the account holder to do so.
- Personal, Non-Commercial and Commercial Use Limitation
Unless direct written consent has been received the Website and its services are to be used solely for your own personal, non-commercial and commercial use. You do not have the right to copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, software, products or services obtained from the effy Website. effy reserves the right to refuse service or use of its software to anyone, for any reason and at any time it deems necessary.
- No Unlawful or Prohibited Use
Part of your agreement with effy is that you will NOT use the effy Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of effy. Users agree that all information give is true and agrees not to falsify any information provided to effy. You may NOT use the effy Website in a manner which could/may damage, disable, overburden, or impair any aspect of the effy Website, the network or networks connected to the effy Website, or interfere with any other party’s ability to use or enjoyment of the effy Website. Any unauthorized attempts to gain access to the effy Website, or other individual’s accounts, any computer systems or networks connected to any effy Website, through any means, including; hacking, password mining, or any other means, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the effy Website.
- Use of Services
The effy Website contains communication and messaging utilities with the purpose of enabling you to communicate with others in your place of employment (These services will be deemed collectively as “Communication Utilities”). You consent to use the Communication Utilities only for their designated purpose, including posting, sending, and receiving messages and material that are related and proper.
You agree to not use the Communication Utilities for and not limited to any of the following: Defamation, abuse, harassment, stalking, threatening, or in any other way violating the legal rights of others. Further you agree to not use the Communication Utilities to dispense surveys, contests, chain letters, pyramid schemes, junk email, spam, or any other unsolicited messages that are not directly related to the intended purpose of the effy Website. Do not attempt any of the following: Publish, post, upload, distribute, disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (unless you own or control rights or have received the necessary consent to). Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, and/ or any other similar software or programs that may damage the operation of another’s computer or property, or damage the effy Website in any way. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Utilities. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Utilities. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity. Use, download, copy or provide to a person or entity any directory of users of an effy Website other user or usage information or any portion thereof. effy has no obligation to monitor the Communication Utilities. However, effy does reserve the right to review the materials posted to the Communication Utility and to remove any materials at our sole discretion. effy reserves the right to terminate your ability to access the Communication Utilities at any time, without notice, for any reason whatsoever. effy also reserves the right to, at all times, disclose any information as effy deems necessary to satisfy any laws, regulations, legal process or governmental request. To edit, refuse, refuse to post, or remove any information or materials in whole or part, without notice. Caution must always be used when giving out any personally identifiably information about yourself, spouse, or dependants, especially when utilizing the Communication Utilities. effy does not endorse or control the content, messages, or any other information sent or received through the Communication Utilities, and as such disclaims any liability in relation to the Communication Utilities, and any actions resulting from your participation in any Communication Utility. Users are not authorized spokespersons of effy, and the views expressed by these individuals are not endorsed by the effy Website. Materials uploaded to the Communication Utilities maybe be subject to limitation on usage, reproduction, or dissemination, you are responsible for adhering to such limitations if you download the materials.
We are not involved in the actual transaction between users even though we may provide software and services. As a result, the quality, reliability, safety or legality of these is the responsibility of the user.
- Materials Provided or Posted
The effy Website does not claim ownership or responsibility for any of the materials provided or posted (“Documents”) on the effy Site, including but not limited to any Documents; posted, imputed, uploaded, or submitted. However, your submission of said Documents to the effy Website, is your consent, without limitation, of the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Documents; and to publish your name, and anyone else’s name associated/connected with said Documents. The user will receive no compensation (payment) for the posting of said Documents. effy has no obligation to post or use any of the Documents you provide, and has the right to remove any Documents at our discretion. Any of the Documents posted or provided to effy, by you, is your consent that you control or own the rights to said Documents, and thus take sole responsibility for the content of the Documents, therefore eliminating effy for any responsibility from said Documents.
- Software and effy Website Content
Upon registration and during the continuance in force of your account, effy shall and hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license under the IP in the Software and the Service to use the Software and/or the Service for your personal non-commercial purposes only, subject to these Terms of Service. Except as explicitly granted in these Terms of Service, no license, immunity, or other right is granted or assigned under these Terms of Service, either directly or indirectly, by implication, estoppal or otherwise, to you with respect to any IP of effy.
- Use of Client Logos and Business Names
Your use of our website, software and services is your consent to allow effy to use your business name and business logos for effy promotional purposes. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your use of the Service and the Software is at your sole risk. The Service and the Software is provided on an “as is” and “as available” basis.
effy does not warrant that (i) the Service and/or the Software will meet your specific requirements, (ii) the Service and/or the Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service and/or the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service and/or the Software will meet your expectations, and (v) any errors in the Service and/or the Software will be corrected.
You expressly acknowledge and agree that effy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if effy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service, the Software and/or the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service, the Software and/or the Site.
- Software Malfunction or Website Interruption
effy will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in our products, the Website or its services. You agree to defend, indemnify and hold harmless effy, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys’ fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the Site.
By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of the Republic of Ireland, as applicable. You may not use this website if law prohibits you from doing so in the country in which you reside.
- Notifications of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at email@example.com.
- Termination/ Access Restriction
- Modifying your subscription
Modifying Your Subscription. If you choose to upgrade your plan or number of staff during your elected subscription period, any incremental cost will be pro-rated and billed alongside your next monthly recurring billing, or within your multi-month subscription on a monthly basis.
- Cancellation and Termination
The account owner (as defined in the sign-up procedure) is responsible for cancelling Your account, and can cancel the account by cancelling the recurring payments from within Stripe (or any other merchant credit card services provider used by effy Ltd. and subject to change at effy’s sole discretion), or by contacting effy directly. Once You cancel Your account You will lose access to all of Your content once your paid subscription has expired, and effy preserves the right to delete all such content in the normal course of operation. This content cannot be recovered once your account is cancelled and subsequent to you paid subscription ending. If you cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect once your paid subscription ends and You will not be charged again.
Regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep Our administrative costs low for the ultimate benefit of Our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and effy does not accept any liability for such loss. effy reserves the right to contact You about special pricing or other promotional offers.
If you have questions or concerns regarding these terms, you should email effy Customer Service at firstname.lastname@example.org.
Last Revised: August 23, 2016