Terms of Service

The Terms of Service described here (“Terms“) govern your use of the free services, software and websites (the “Service”) provided by Channelyze Ltd (“Channelyze”). Our Privacy policy explains the way we collect and use your information and our Acceptable use policy outlines our expectations with respect to your behaviour when using the Service. Our Data Protection Addendum governs the treatment of your data subjects' personal data. By using the Service you agree to be bound by these Terms, our Acceptable Use Policy and our Data Protection Addendum. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization. If you become a paid subscriber to Channelyze’s service or continue to use the service under a free plan, then your use of the Service will also be governed by our Subscriber agreement.

Your Content

The Service allows you to store information about your organization’s employees, partners and information associated with their performance and progress within the organization and other materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.

We reserve the right to remove Content on the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for Channelyze.

Your Obligations

• You must provide accurate information when you create your Channelyze account.
• You are responsible for safeguarding the password and for all activities that occur under your account. You should notify Channelyze immediately if you become aware of any breach of security or unauthorized use of your account.
• You must comply with our Acceptable Use Policy at all times when using the Service.
• You may never use another user’s account without permission.
• You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
• Our Service is not intended for use by persons under the age of 13. By using the Service you are representing to us that you are over the age of 13.

Your Use of Channelyze Software

As part of the Service, we provide downloadable client software (the “Software”) for your use in connection with the Service. This Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. So long as you comply with these Terms, we grant you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between Channelyze and You, Channelyze retains all right, title and interest in the Software.

Administrator Access to Your Content

When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as yourname@youremployer.com or yourname@nonprofit.org) (each an “Entity”) you hereby grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain. 

Security

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Termination

You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability.

Channelyze’s Intellectual Property Rights

The Service (excluding Content provided by users) constitutes Channelyze’s intellectual property and will remain the exclusive property of Channelyze and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless Channelyze and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

No Warranty

The Service is provided on an 'as is' and 'as available' basis to the fullest extent permissible under applicable law. We disclaim all warranties of any kind, whether express or implied, to the extent allowed by applicable laws, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Channelyze is not responsible for any third-party content accessed through the Service, nor for any damage or loss of data that may result from such use. While we do not warrant, endorse, guarantee, or assume responsibility for any third-party applications or services that provide access to our Service, we commit to complying with all applicable consumer protection laws. The Service is controlled, operated, and hosted from within the EU. We make no representations that the Service is appropriate or available for use in other locations. Users who access or use the Service from outside the EU do so at their own risk and are responsible for compliance with local laws and regulations, in addition to EU export and import regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Channelyze, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT Channelyze HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Channelyze’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO Channelyze IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.

Governing Law

The Agreement and these Conditions shall be governed by and construed in accordance with the law of England and Wales.

Data Transfer

Data Transfer In providing the Service, Channelyze may transfer, store, and process your Content within the EU or in countries that ensure an adequate level of data protection as determined by the European Commission. In cases where the data is transferred outside of such countries, Channelyze will do so based on Standard Contractual Clauses (SCCs) approved by the European Commission or other suitable safeguards in line with GDPR requirements. By using the Service, you acknowledge and agree to this potential transfer, processing, and storage of your Content, under the condition that all necessary measures to ensure the security and lawful processing of your data are in place, in accordance with the GDPR.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and Channelyze concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Channelyze’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Notices

We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email.