Terms of Service

1. Eligibility

You must be at least 16 years old to use the Service. By using EngageLeap, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and up-to-date registration information.
• Notify us immediately of any unauthorized use of your account.
• Not share your account credentials with third parties.
• Not create more than one account per person, unless permitted in writing by us.

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

• Violate any applicable local, provincial, national, or international law or regulation.
• Collect survey responses through deception, coercion, or without proper consent from participants.
• Upload or transmit content that is unlawful, harmful, defamatory, obscene, or infringes any third-party rights.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Use automated tools (bots, scrapers, crawlers) to access the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service.
• Resell, sublicense, or otherwise commercialize access to the Service without our written permission.
• Use the Service to send unsolicited communications (spam).

4. Your Content

You retain ownership of all surveys, pages, questions, and other content you create or upload ("Your Content"). By using the Service, you grant EngageLeap a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and display Your Content solely as necessary to provide and improve the Service.

You are solely responsible for Your Content and the consequences of sharing it. You represent and warrant that you have all rights necessary to grant the above license and that Your Content does not violate any third-party rights or applicable laws.

5. Survey Participants

As a survey creator, you are responsible for obtaining any required consents from survey participants before collecting their personal information, and for handling that information in compliance with applicable privacy laws (including PIPEDA, GDPR, CCPA, or other applicable regulations).

EngageLeap acts as a data processor with respect to survey response data collected on behalf of your organization. You are the data controller and bear responsibility for how that data is used, shared, and retained.

6. Subscription and Payment

Some features of the Service are available only on a paid subscription basis. By selecting a paid plan, you agree to pay the applicable fees. Unless otherwise stated:

7. Intellectual Property

The Service, including its software, design, trademarks, and documentation, is owned by EngageLeap and protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you. You may not copy, modify, distribute, sell, or lease any part of the Service, nor reverse-engineer or attempt to extract the source code of the software, unless permitted by applicable law.

8. Third-Party Services

The Service may integrate with or link to third-party services (e.g. Google Maps, payment processors, authentication providers). Your use of those services is governed by their own terms and privacy policies. We are not responsible for the content, accuracy, or practices of any third-party service.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, EngageLeap disclaims all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
• Any warranty regarding the accuracy or completeness of any information provided through the Service.

10. Limitation of Liability

To the maximum extent permitted by applicable law, EngageLeap and its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising from these Terms or your use of the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) CAD $100.

11. Indemnification

You agree to indemnify, defend, and hold harmless EngageLeap and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any third-party rights.

12. Termination

You may cancel your account at any time through your account settings or by contacting us. We may suspend or terminate your access to the Service at any time, with or without cause, with reasonable notice where practicable. Upon termination:

• Your right to access the Service ceases immediately.
• We will retain your data for a reasonable period to allow export, after which it may be deleted.
• Provisions of these Terms that by their nature should survive termination will do so, including Sections 4, 7, 9, 10, 11, and 13.

13. Governing Law and Disputes

These Terms are governed by the laws of the Province of Quebec, Canada, without regard to its conflict-of-law principles. Any dispute arising from these Terms or your use of the Service shall be resolved by the courts of competent jurisdiction in Quebec, Canada, and you consent to personal jurisdiction in those courts.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and notify account holders via email or an in-app notice at least 14 days before the changes take effect. Your continued use of the Service after that date constitutes your acceptance of the revised Terms.