Welcome to agreeme!
We invite you to access our websites and use the agreeme service, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully.
What Are the Terms of Service?
What Is the agreeme Service?
The Software (as defined below), the agreeme service, and other products, services and websites hosted or made available by agreeme, including, for example, our apps, Blog, and Help & Learning pages are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms.
If This Is a Contract, Who Are the Parties?
You, the Account Holder, are one party to this contract. (An Account Holder is a person or entity who has contracted with agreeme as either an individual user.
The other party to this contract is agreeme Ltd, a limited liability company registered in the United Kingdom (12959549).
Is This the Only Contract I Have with agreeme?
It depends upon how you interact with the agreeme service and our software applications. If you install any agreeme Software on your computing devices, you may be asked to agree to an end-user license agreement.
Will These Terms of Service Ever Change?
These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we’ll notify you and, where required, seek your consent.
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
What Do I Have to Do to Use the agreeme Service?
First, you need to create a agreeme service account. You create an account by providing us with an email address, mobile phone number and providing our third-party authentication service with a password. We refer to this as your “agreeme Account Information”. We encourage you to use a distinct and non-obvious password that is different from the passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your agreeme Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your agreeme account information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your agreeme account information secure. If you discover any unauthorised use of your agreeme account information or suspect that anyone may be able to access your private Content or agreements without authorisation, you should immediately change your password and notify our Customer Support team.
Second, you will need to access your account through our client software on your tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. agreeme also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Can I Share My Account with Someone Else?
agreeme service accounts should not be shared. If you share your agreeme account information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. We will not have any liability to you (or anyone you share your agreeme account information with) as a result of your or their actions under those circumstances. Since you may use a free agreeme service account, and since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below.
Once I Have an Account, What Are My Rights in the agreeme Service?
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the agreeme Software provided to you by or on behalf of agreeme, for the sole purpose of enabling you to use the agreeme Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the agreeme Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in agreeme or the Service.
agreeme’s Data Protection Laws Say My Data Is Mine – What Does That Mean?
You retain copyright and any other rights you already held in your Content and agreements before you submitted, posted or displayed it on or through the Service. But you do have to grant agreeme a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, agreeme acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content or agreements.
What Is the License I Have to Grant to agreeme?
In order to enable agreeme to operate the Service, we must obtain from you certain limited license rights to process your Content or agreements that are covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content or agreements, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting agreeme a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable agreeme to operate the Service. You also agree that agreeme has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for agreeme to make such Content available to, and pass these rights along to, others with whom agreeme has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content or agreements to third parties if agreeme determines such access is necessary to comply with its legal obligations.
As we rely upon your rights to upload and distribute your Content and agreements, you represent and warrant to agreeme that (1) you have the unfettered legal rights and authority to submit your Content to agreeme, to make any other use, publication or other distribution of that Content or agreements in your use of the Service, and to grant the rights granted to agreeme under these Terms; and (2) your Content and agreements comply with our User Guidelines and these Terms.
Finally, you understand and agree that agreeme, in performing the required technical steps to provide the Service to our users, may make such changes to your Content and agreements as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
What Other Assurances Do I Have to Grant to agreeme?
Whenever you send any kind of message to a third party you represent and warrant to agreeme that you are acting within the law and that you have prior consent from the recipient to send them such a message.
Are There Rules about What I Can Do on the agreeme Service?
Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all statements or agreements whether locked or unlocked, Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third-party application or services integrated with the agreeme service. Our User Guidelines provide more specific details regarding prohibited conduct on the Service. If we find that any statements or agreements whether locked or unlocked or shared Content in your account violates our Terms of Service we reserve the right to remove such content.
I’m Guessing agreeme Has Some Rights Relating to the Service?
We do. They’re described here:
While you own the Content you store within the agreeme service (subject to third party rights), you acknowledge and agree that agreeme (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service, any of the agreeme software applications for compatible computing devices that enable access and use of the Service through such device (the “agreeme Software”).
INTELLECTUAL PROPERTY RIGHTS.
In agreeing to these Terms, you also agree that the rights in the Service and agreeme Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any agreeme Software, unless you are expressly permitted to do so under an open-source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
RIGHT TO MODIFY THE SERVICE.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or agreeme Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the number of agreements that you can make, the number of statements within an agreement, the word count within a statement, the duration of an agreement, the number of participants, the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of agreeme actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that agreeme has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
RIGHT TO ENGAGE THIRD PARTIES.
RIGHT TO USE THIRD-PARTY SOFTWARE.
agreeme may from time to time include as part of the Service and agreeme Software computer software supplied by third parties which are utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software and within the particular agreeme Software. agreeme expressly disclaims any warranty or other assurance to you regarding such third party software.
RIGHT TO UPDATE OUR SOFTWARE.
In connection with any modification of the Service, agreeme may automatically download software updates on your devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. agreeme will endeavour to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), agreeme may require you to install the update to continue accessing the Service. In all cases, you agree to permit agreeme to deliver these updates to you (and you to receive them) as part of your use of the Service.
Can children use agreeme?
agreeme is not directed to minors and agreeme does not support the use of anyone under the age of 18 to ensure that all users have the legal capacity to make an agreement. Consistent with applicable law, agreeme does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it.
Where Does My Data Go?
How is My Account Closed?
You may deactivate your account with our Service at any time, for any reason (or no reason). However, if you want to deactivate your account you need to take certain specific steps.
agreeme may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for agreeme suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in agreeme sole discretion), (iii) your nonpayment of any fees or other sums due agreeme or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us. Any locked agreements of which you are a participant will be kept for you to access if you need to do so in the future. (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
What Happens to My Account when I Die?
agreeme pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them. We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your agreeme account information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
If I Have a Great Idea to Share with agreeme, What Are My Rights?
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to agreeme through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) agreeme is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) agreeme shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) agreeme may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of agreeme without any obligation of agreeme to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from agreeme under any circumstances.
Does agreeme Serve Ads?
Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
What Else Do I Need to Know?
THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
You agree to indemnify and hold agreeme, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavour to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.
- THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGREEME EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- AGREEME DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGREEME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGREEME, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF AGREEME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR AGREEME POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) AGREEME’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR AGREEME ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If agreeme Has to Send Me Notice of Something, How Will That Happen?
This is another reason why it’s important for you to make sure your agreeme account information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Service.
How Can I Send a Notice to agreeme?
Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to agreeme must be delivered by email to email@example.com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):
103 Haybridge Road, TF1 5JJ
Are There Countries Where I’m Not Allowed to Use agreeme?
You may not use or otherwise export the Service or any agreeme Software except as authorised by United Kingdom law and the laws of the jurisdiction in which the Service is hosted or where you use the Service. In particular, but without limitation, the agreeme Software may not be exported or re-exported into any countries that are subject to UK economic sanctions. By using the Service, you represent and warrant that you are not located in any such country and shall not use the Service, or provide access to or use of the Service to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access your agreements.
What Law Applies to My Use of agreeme?
If you are a resident of the United Kingdom, these Terms and the relationship between you and agreeme (including any dispute) shall be governed in all respects by the laws of the United Kingdom, as they apply to agreements entered into and to be performed entirely within the United Kingdom between British residents, without regard to its conflict of law provisions.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Is The Content on agreeme's Blog Legal Advice?
The Information provided on the website, and other outlets related to the agreeme brand is for general information only. It should not be taken as professional consulting advice from agreeme Ltd or any affiliated agreeme entity. You should consider seeking independent legal and/or other advice that might relate to your unique circumstances.
A couple of final, but important, points. First, these Terms constitute the entire agreement between you and agreeme and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and agreeme for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilise or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Second, you acknowledge and agree that each affiliate of agreeme shall be a third-party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favour of) them. Other than this, no other person or company shall be a third-party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.