Terms Of Service Last Updated:
January 2025
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN.
By completing the registration process, creating an account or accessing or using any of the Platform and/or Services, you represent that:
- You have read, understand, and agree to be bound by these Terms of Service
- You are of legal age to form a binding contract with EgisDynamics
- The information you provided in connection with your registration for the Platform/Services is true, accurate and complete
- You have the authority to enter into these Terms of Service personally or on behalf of the business entity you have named as the user, and to bind that business entity to the Agreement
Certain portions of the Platform may be subject to "open source" or "free software licenses". Such components will be governed by the terms of their respective terms of use and not by these Terms.
Once accepted, these Terms of Service, in combination with our Privacy Policy, Data Processing Agreement, and Affiliate Agreement (wherever applicable) (collectively the "Terms"), become a binding legal commitment between you (or the business entity that you represent) and EgisDynamics Inc. and its respective officers, directors, business affiliates, successors and assigns (hereinafter referred to as "EgisDynamics," "we" or "us") and will govern your access to and use of the Platform and all other interactions with EgisDynamics related to the Platform.
1. Use of Platform
1.1. Restrictions
You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.
1.2 Platform Account Ownership
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account.
If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the "owner" of a particular Platform account, EgisDynamics will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership. If EgisDynamics is unable to determine the rightful owner of the Platform Account, EgisDynamics reserves the right to suspend or terminate the Platform Account until the disputing parties have mutually agreed on ownership or until a court has ordered EgisDynamics to grant access to a specific individual.
1.3 Intended Use
You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that:
- You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms;
- You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform;
- You are fully responsible for the use of the Platform by your customers;
- You, your employees, agents and customers will not misrepresent the Platform or the Services;
- You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms;
1.4 Compliance
You will be solely responsible for your use of the Platform and Services, including:
- The quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform
- Securing and maintaining proper insurance as required
- Compliance with all applicable laws and regulations including but not limited to HIPAA and other data privacy laws
1.5 Privacy
By using the Platform and providing Information on or through the Platform, you consent to EgisDynamics's use and disclosure of the Information in accordance with the Privacy Policy. You agree that EgisDynamics has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform.
1.6 Login Credentials
You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify EgisDynamics immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. EgisDynamics reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in EgisDynamics's opinion, you have violated any provision of these Terms.
1.7 Use of Communication Services
The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to:
- The Telephone Consumer Protection Act ("TCPA")
- The Do Not Call Registry Rules
- The CAN-SPAM Act
You represent and warrant that you understand and will comply with those laws. EgisDynamics is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.
1.8 Third Party Services
You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to EgisDynamics to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform.
2. White Labeling and Resale MAP Policy
2.1 Resale Restrictions
When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. If EgisDynamics determines, in its sole discretion, that you are consistently and repeatedly failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we reserve the right to exercise our ability to terminate your Platform Account.
2.2 Minimum Advertised Price
If you are authorized to white-label and resell access to the Platform, You cannot advertise access to the Core Platform for an effective price that is less than the Standard Prices offered by EgisDynamics (the "MAP Policy"). The "Core Platform" is defined as a combination of 2 or more of the following Platform features:
- Funnel and Website Builder
- Forms
- Surveys
- Customer Relationship Manager
- Email Builder
- Calendars
- Automation workflows
3. Code of Conduct
You represent and warrant that, when using the Platform, you will comply with the Code of Conduct set forth in Exhibit A. EgisDynamics reserves the right to seek all remedies available to it in the event that You violate this Agreement, including the Code of Conduct, up to and including termination of your Platform Account.
4. Payment
4.1 Fees and Auto-Renewal
You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your and your customers' Fees. Fees may include, but are not limited to:
- Subscription fees
- Communication Surcharges
- Add-on service fees
- Other usage-based or subscription-based Fees offered by EgisDynamics
4.2 Wallets and Rebilling
Your Platform Account contains a "wallet" where you can pre-load funds to purchase Services through the Platform or to support rebilling of your customers' Fees. If you are on the $297 or $497 plan, You are automatically enrolled in our rebilling feature and will need to update your settings in your Platform Account if You want to turn off the rebilling feature or change the automatic re-load amount.
EXHIBIT A - CODE OF CONDUCT
The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which EgisDynamics may immediately suspend or terminate your Platform Account in accordance with these Terms:
- Use of the Platform in any way that violates any applicable law or regulation.
- Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence.
- Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
- Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
4.3 Late Payments and Payment Disputes
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be force-canceled for non-payment in EgisDynamics's sole discretion.
Additionally, we may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
4.4 Cancellations
You may cancel your subscription through your Platform Account, by submitting a support ticket. You are solely responsible for the cancellation of Services associated with your account, and, subject to other provisions of these Terms, you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.
5. Intellectual Property
5.1 Platform Content
The Platform and Platform Content are the property of EgisDynamics or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. EgisDynamics grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers.
5.2 User Contributions
User Contributions are considered non-confidential and non-proprietary. You grant EgisDynamics, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling EgisDynamics's obligations under these Terms.
6. Disclaimers
EGISDYNAMICS MAKES NO GUARANTEES THAT YOUR BUSINESS WILL BE PROFITABLE AND THAT YOU WILL MAKE MONEY USING THE PLATFORM OR THE SERVICES. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, EGISDYNAMICS IS NOT PROVIDING ANY BUSINESS OPPORTUNITIES WITH USE OF THE PLATFORM AND/OR SERVICE.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
7. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability, provided however, this limitation will not apply to you if you only use the free Services, and in this case, if EgisDynamics determines to have any liability to you or any third party arising from your use of the free Services, then EgisDynamics's aggregate liability will be limited to one hundred U.S. dollars.
8. Limitation On Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
EXHIBIT B - ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY
- AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA)
- AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs, disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.
- AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice.
9. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to EgisDynamics for which monetary damages would not be an adequate remedy, and EgisDynamics shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
10. Waiver And Severability
No waiver by EgisDynamics of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of EgisDynamics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
11. Change of Control
EgisDynamics may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without EgisDynamics's prior written consent which may be withheld at EgisDynamics's sole discretion.
12. Entire Agreement
Except as noted below, these Terms constitute the sole and entire agreement between you and EgisDynamics with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of EgisDynamics.
13. Term and Termination
These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.
13.1 Grounds for Termination
You agree that EgisDynamics, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. EgisDynamics reserves the right to delete Platform Accounts that have remained inactive for ninety (90) days or more.
13.2 No Right to Services Upon Termination
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. EgisDynamics is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.
14. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Texas will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws. These Terms may be translated into different languages---only the English version is valid and enforceable.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas. Any arbitration award may be entered in a court of competent jurisdiction.
15. Communications and Contact Information
All notices to a party shall be in writing and shall be made via email. Notices to EgisDynamics must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.
EgisDynamics may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from EgisDynamics, you can click on the "unsubscribe link" provided in such communications or contact us at [email protected].
When you create a Platform Account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. EgisDynamics will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from EgisDynamics, do not respond to the email and notify EgisDynamics by emailing us at [email protected].
For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at:
EgisDynamics Inc.
ATTN: Legal Department
400 North Saint Paul St., Suite 920
Dallas, Texas 75201
16. Definitions
16.1 "Communication Surcharges" means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.
16.2 "Competitor" shall include, but not be limited to, any entity carrying on a business of marketing and sales platform, SaaS, any entity offering one or more services offered by the Platform, or any entity carrying on a business similar to the business of EgisDynamics Inc. and its subsidiaries, as determined by EgisDynamics in its sole discretion. For the avoidance of doubt, EgisDynamics customers who white-label and resell the Platform are not Competitors.
16.3 "Feedback" means ideas You provide to EgisDynamics regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other services, products, matters related to EgisDynamics's or its affiliates' business. "Feedback" includes any ideas posted to EgisDynamics's ideaboard.
16.4 "Fees" means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.
16.5 "EgisDynamics Marks" means the EgisDynamics name and related logos and service marks of EgisDynamics.
16.6 "Information" means data about You and Your customers that EgisDynamics collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.
16.7 "Login Credentials" means the username and password used to access your Platform Account, including API keys and access to third party integrations used with the Platform.
16.8 "Materials" means Your trademarks, copyright content, any tangible products or services you sell through the Platform (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to EgisDynamics or its affiliates.
16.9 "Platform" means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through EgisDynamics's website or mobile application.
16.10 "Platform Account" means the account you created in order to access and use the Platform.
16.11 "Platform Content" means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
16.12 "Prohibited Uses" means the behaviors described in Section 3.
16.13 "Services" means the variety of product integrations and services that EgisDynamics makes available on the Platform. Services may include Third Party Services.
16.14 "Sub-Account" means a subscription for one business under a Platform Account.
16.15 "Third Party Content" means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
16.16 "Third Party Services" means third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services offered by a third party through the EgisDynamics Platform. This includes but is not limited to applications downloaded from the EgisDynamics Marketplace, integrations with third party applications, or any functionality that is provided by a third party through the Platform.
16.17 "Training" means any training, information or suggested usages conveyed by EgisDynamics about the Platform.
16.18 "User Contributions" means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to EgisDynamics directly.
16.19 "You" or "you" or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. "You" also includes any and all agents, employees, or third parties that are authorized to act on your behalf.
EXHIBIT A
CODE OF CONDUCT
The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which EgisDynamics may immediately suspend or terminate your Platform Account in accordance with these Terms:
- Use of the Platform in any way that violates any applicable law or regulation.
- Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence.
- Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
- Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
- Use of the Platform to transmit, or procure the sending of any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- Impersonating or attempting to impersonate EgisDynamics, a EgisDynamics employee, another user or any other person or entity.
- Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
- Engaging in any conduct that may, as determined by EgisDynamics, harm Platform users or EgisDynamics, or expose either to liability.
- Child sexual exploitation or abuse content.
- Sexually explicit content.
- Generation of hateful, harassing, or violent content.
- Abusive or fraudulent conduct.
EXHIBIT B
ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY
- AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.
- AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs, disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.
- AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice.
- All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.
- You must take necessary steps to protect confidential and sensitive information of your users and customers.
- AI usage may not damage, disable, overburden, or impair any websites or launches any automated system, including "robots," "spiders," or "offline readers," that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
- AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.
