Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the EngageLeap platform and related services (the “Service”) provided by EngageLeap (“we”, “us”, or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

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 keeping your account credentials confidential 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 we permit it in writing.

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 that infringes any third party rights.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Use automated tools such as bots, scrapers or 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.

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 licence 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 licence above 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 for survey response data collected on behalf of your organization. You are the data controller and are responsible 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 package, you agree to pay the applicable fees. Unless otherwise stated:

• Billing: subscriptions are billed in advance on a monthly or annual basis.
• Refunds: fees are non refundable except as required by law or as explicitly stated in our refund policy.
• Price changes: we may change pricing with at least 30 days notice. Continued use after a price change means you accept it.
• Non payment: failure to pay may result in suspension or termination of your account.

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 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 applicable law permits it.

8. Third Party Services

The Service may integrate with or link to third party services such as Google Maps, payment processors and 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 are not 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 will 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 ends 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 will 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 by email or an in app notice at least 14 days before the changes take effect. Continued use of the Service after that date means you accept the revised Terms.

15. Contact Us

If you have questions about these Terms, contact us at legal@engageleap.ca.