1. Agreement and scope
These Terms of Service (“Terms”) govern access to the EngagementScores website and feedback services provided under the Engagement Scores name (“EngagementScores,” “we,” “us,” or “our”). “You” means the person using the service or the organization on whose behalf that person acts. The services include survey creation, response collection, and feedback reporting made available under your service arrangement.
By accepting these Terms when ordering, registering for, or using the services, you agree to them. If you act for an organization, you must have authority to bind it. Do not use services you are not authorized to access. A respondent does not become a paying customer simply by completing a survey.
A separately agreed written service agreement or order governs its specific commercial terms. If it conflicts with these Terms, the signed agreement takes priority, followed by the accepted order and then these Terms. An applicable data processing agreement takes priority for the processing it covers. Our Privacy Policy explains our handling of personal information.
2. Eligibility, accounts, and access
You must be legally able to enter a binding agreement to order the services. An individual customer must be at least 18. Services are intended for professional and organizational use and are not directed to children under 16.
Provide accurate account and business contact information, keep it current, protect credentials, and grant access only to authorized users. You are responsible for activity conducted through your account by your authorized users and for ensuring that they follow these Terms. Tell us promptly through our contact page if you suspect unauthorized access. You are responsible for your devices, internet access, and compatible software.
Subject to your agreement and payment obligations, we grant you a limited, nonexclusive, nontransferable right to access the services during the agreed service period for your permitted purposes. This does not transfer ownership of the software or allow resale unless separately agreed.
3. Services, demonstrations, and changes
The features, usage limits, support, and service period included in your purchase are those in your accepted order or written agreement. Website illustrations, sample reports, and public survey examples demonstrate possible experiences; they are not a commitment to deliver a particular configuration or result.
Public survey examples run in the browser and do not submit responses. Live customer surveys collect information according to their configuration. Do not use a demonstration as a place to submit a real support request or confidential information.
We may maintain, repair, or improve the services. Interruptions can occur, including for maintenance or events outside our reasonable control. No specific uptime, support response time, integration, or future feature is promised unless expressly included in your agreement. If a planned change materially reduces an agreed paid service, we will give reasonable notice and address the change under the applicable agreement and law.
4. Your surveys and responsibilities
You decide whom to invite, the survey questions, the collection settings, who can access results, and how you use the feedback. You are responsible for your survey content, lawful invitations, required notices and permissions, and any workplace, professional, confidentiality, or recordkeeping obligations that apply to your use.
Collect only information appropriate to your purpose. Do not request passwords, full payment-card details, or highly sensitive personal information unless we have expressly agreed in writing to support that use with the necessary safeguards. Do not use the services for regulated health information where a required agreement or capability is absent.
Do not describe a survey as anonymous merely because it omits name or email fields. Consider written answers, technical records, group sizes, and reporting access before making promises to respondents. You are responsible for communicating the actual confidentiality and identification limits of your survey.
Scores and feedback are informational tools and can be incomplete, inaccurate, or unrepresentative. You remain responsible for decisions based on them, including employment or customer decisions, and for obtaining any professional advice you need.
5. Acceptable use
You must not use the services to:
- Break the law, violate privacy or intellectual property rights, harass others, discriminate unlawfully, or distribute unlawful or deceptive content.
- Send unsolicited invitations in violation of applicable communications laws or misrepresent who is collecting responses.
- Access another customer’s information, bypass access controls, probe systems without authorization, introduce malware, or interfere with service operation.
- Fabricate responses, impersonate others, manipulate results, or attempt to identify respondents contrary to the privacy commitments made to them.
- Copy, resell, or exploit the service outside your agreed rights, or reverse engineer it except where the restriction is prohibited by law.
- Collect or disclose another person’s confidential information without authorization.
We may investigate suspected misuse and take proportionate steps to protect respondents, customers, and the service.
6. Customer data and privacy
As between you and EngagementScores, you retain your rights in the survey content, responses, and other materials you provide or control (“Customer Data”). Respondents and other people retain any rights they have in their information. You grant us permission to host, process, transmit, and display Customer Data only as reasonably necessary to provide and support the services, follow your lawful instructions, protect the service, and meet legal obligations.
You represent that you have the rights and lawful basis needed to provide Customer Data and instruct its processing. We may use service providers for hosting, email, security, and operational support as needed to perform our obligations. Access and disclosure remain subject to the applicable service agreement, privacy obligations, and law.
Where we process personal information on your behalf, you are responsible for the purposes and lawfulness of collection and use, and we process it under the applicable instructions and agreement. If your use requires a data processing agreement or particular transfer safeguards, those arrangements must be in place before that processing begins. A general website privacy notice is not a substitute for such an agreement.
Our Privacy Policy describes website inquiries, survey information, technical records, and how to make privacy requests.
7. Orders, fees, renewal, and cancellation
Pricing is agreed with you before a paid service begins. Your accepted order or written agreement sets out the fees, billing period, payment method, usage limits, applicable taxes, and any renewal terms. A demo request or a public example does not create a paid subscription.
You must pay undisputed charges when due. Notify us promptly if you believe an invoice is incorrect so we can investigate. You are responsible for applicable taxes other than taxes on our income. We may suspend a paid service for overdue undisputed charges after notice and a reasonable opportunity to resolve the issue.
Automatic renewal applies only if it is expressly included in the terms you accept. Any renewal price change must be communicated before the renewal takes effect, with an opportunity to decline in accordance with your agreement. We do not impose a new recurring payment obligation merely by updating this page.
You may request cancellation through our contact page. The effective date, remaining access, refunds, and any outstanding charges follow your accepted order or written agreement and applicable law. Cancellation does not waive properly incurred charges. Nothing in these Terms removes a cancellation or refund right that the law requires.
8. Third-party services
If you choose to connect or use a third-party service, you authorize the information exchange needed for that connection. The third party’s own terms and privacy policy govern its service. You are responsible for obtaining the necessary accounts and permissions.
We do not control independent third-party services or guarantee their availability or continued compatibility. This does not remove our responsibilities for providers we engage to perform our own contractual obligations.
9. Intellectual property and confidentiality
We and our licensors retain rights in EngagementScores software, designs, documentation, branding, and other service materials. Except for the access rights expressly granted here, no intellectual property license is transferred to you. Your Customer Data remains subject to the rights described above.
Each party must protect nonpublic business, technical, and customer information received from the other that is identified as confidential or reasonably should be understood to be confidential. Use it only for the service relationship and disclose it only to people or providers who need access and are subject to appropriate confidentiality obligations.
This obligation does not cover information that becomes public without a breach, was lawfully known beforehand, is independently developed, or is lawfully received without a duty of confidence. A party may disclose information when required by law, providing notice where legally permitted and reasonably practicable.
10. Suspension, termination, and data after service
We may restrict access when reasonably necessary to address a security risk, unlawful conduct, material misuse, or a material breach of these Terms. When practicable, we will explain the issue and give you an opportunity to resolve it. Immediate action may be necessary where delay would create a risk or violate law.
Either party may terminate for a material breach that is not remedied within a reasonable period after written notice, or when the breach cannot be remedied. Other termination rights and notice periods are set out in your agreement or applicable law.
On termination, access rights end and outstanding payment obligations remain. Arrange any required return of Customer Data before access ends by contacting us. Available data-return methods and deletion timing depend on the service agreement, customer instructions, and legal requirements. We do not promise indefinite storage after termination. Backup copies, security records, and records required by law may remain for their applicable retention periods.
Provisions that by their nature should continue, including accrued payments, ownership, confidentiality, liability limitations, and dispute provisions, survive termination.
11. Warranties and disclaimers
Each party represents that it has authority to enter into and perform its agreement. We will provide agreed services with reasonable care and skill. Contact us if a service materially fails to meet the applicable agreement so we can investigate and address it.
To the extent permitted by law and except for express commitments in your agreement, the services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not warrant uninterrupted or error-free operation, complete security, particular response rates, or specific business outcomes.
These exclusions do not affect statutory warranties or remedies that cannot lawfully be excluded.
12. Limits of liability
To the fullest extent permitted by law, neither party is liable to the other under these Terms for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of anticipated profits or business opportunities, arising from the services.
Unless a separate written agreement provides otherwise, each party’s total liability arising from the services in any twelve-month period is limited to the fees paid or payable for the affected services during the twelve months preceding the event giving rise to the claim. For a service supplied without charge, the limit is US $100.
These limits do not apply to your obligation to pay agreed fees, either party’s fraud or willful misconduct, or liability that cannot legally be limited. Mandatory consumer rights and other nonwaivable statutory protections remain in effect.
13. Disputes and general provisions
Please first raise a dispute through our contact page, describing the issue and requested resolution. The parties will try in good faith to resolve it. This does not prevent urgent relief or the exercise of a statutory right.
The governing law and forum in a separately agreed written contract apply to that contract. If none has been agreed, applicable conflict-of-laws rules determine the governing law, and a court with lawful jurisdiction may hear the dispute. These Terms do not impose mandatory arbitration or waive a right that cannot be waived.
Neither party is responsible for delays caused by events beyond its reasonable control, except that payment obligations already due remain payable. An unenforceable provision will be limited or severed to the extent needed, and the remaining provisions continue. Failure to enforce a provision does not waive later enforcement.
You may not assign your agreement without our written consent, except as expressly allowed by the agreement or law. We may transfer the agreement with the relevant business if the successor assumes its obligations, subject to applicable law. These Terms, your accepted order, and applicable written agreements form the agreement for the services they cover.
14. Updates and how to contact us
We may update these Terms to reflect service changes or legal requirements. We will publish the revised version with an updated date and give reasonable advance notice of material changes affecting existing paid services, except where a faster change is needed for legal or security reasons. Changes do not apply retroactively to an existing dispute. Where fresh acceptance is legally required, we will seek it.
If you do not accept a material change, contact us before it takes effect to discuss ending the affected service under your agreement and applicable law. Individually agreed commercial terms are not replaced by a website update.
For service, billing, cancellation, or legal questions, visit our contact page.