1. Introduction
These Terms of Service govern your access to and use of the Easyalert platform and services provided by Easycontact.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.
2. Definitions
- "Account" means the account you create to access and use the Services.
- "Customer" means the entity or individual that has agreed to these Terms.
- "Customer Data" means all data, content, and information submitted by Customer to the Services.
- "End User" means individuals authorized by Customer to use the Services.
- "Services" means the Easyalert incident management and alerting platform.
- "Subscription" means Customer's right to access and use the Services during the Subscription Term.
3. Account Registration
3.1 Account Creation
To use our Services, you must create an Account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your Account credentials.
3.2 Account Security
You agree to:
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your Account
- Accept responsibility for all activities that occur under your Account
3.3 Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
4. Services
4.1 Service Description
Easyalert provides incident management and alerting services, including:
- Real-time incident alerting and notifications
- On-call scheduling and escalation management
- Multi-channel alert delivery (SMS, email, push notifications, phone calls)
- Integration with third-party monitoring and communication tools
- Incident tracking and reporting
- Team collaboration features
4.2 Service Availability
We strive to maintain high availability of our Services. However, we do not guarantee uninterrupted access. Services may be temporarily unavailable due to:
- Scheduled maintenance (with advance notice when possible)
- Emergency maintenance
- Factors beyond our reasonable control
4.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice of significant changes that materially affect your use of the Services.
5. Subscriptions and Payments
5.1 Subscription Plans
Access to the Services requires a paid Subscription unless otherwise specified. Subscription details, including features and pricing, are available on our website.
5.2 Payment Terms
- Fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as expressly stated in these Terms
- Prices may change with 30 days' notice before your next billing period
- You are responsible for all applicable taxes
5.3 Free Trials
We may offer free trial periods. At the end of the trial, your access will be suspended unless you subscribe to a paid plan.
5.4 Overdue Payments
If payment is not received within 15 days of the due date, we may:
- Suspend access to the Services
- Charge interest on overdue amounts at 1.5% per month
- Pursue collection of outstanding amounts
6. Customer Data
6.1 Ownership
You retain all rights to your Customer Data. We do not claim ownership of any Customer Data.
6.2 License Grant
You grant us a limited license to use, process, and store Customer Data solely to provide and improve the Services.
6.3 Data Protection
We process Customer Data in accordance with our Privacy Policy and applicable data protection laws. For customers in the European Economic Area, we offer a Data Processing Agreement upon request.
6.4 Data Backup
While we maintain backup systems, you are responsible for maintaining your own backups of Customer Data.
7. Acceptable Use
7.1 Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms.
7.2 Prohibited Activities
You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Transmit malware, viruses, or harmful code
- Attempt to gain unauthorized access to our systems
- Interfere with the operation of the Services
- Use the Services to send spam or unsolicited communications
- Reverse engineer, decompile, or disassemble the Services
- Resell or redistribute the Services without authorization
- Use the Services to store or transmit illegal content
- Abuse or misuse alert channels (e.g., excessive non-emergency alerts)
7.3 Enforcement
We reserve the right to suspend or terminate access for violations of this section, with or without notice.
8. Intellectual Property
8.1 Our Rights
Easyalert, including its software, design, features, and documentation, is owned by Easycontact and protected by intellectual property laws. We retain all rights not expressly granted.
8.2 Trademarks
"Easyalert", "Easycontact", and related logos are trademarks of Easycontact OÜ. You may not use our trademarks without prior written consent.
8.3 Feedback
If you provide feedback or suggestions about the Services, we may use them without obligation to you.
9. Third-Party Services
9.1 Integrations
The Services may integrate with third-party services. Your use of third-party services is governed by their respective terms and policies.
9.2 Disclaimer
We are not responsible for third-party services and do not endorse or guarantee their availability, accuracy, or quality.
10. Confidentiality
10.1 Definition
"Confidential Information" includes non-public information disclosed by either party, including business plans, technical data, and Customer Data.
10.2 Obligations
Each party agrees to:
- Protect Confidential Information using reasonable measures
- Use Confidential Information only for purposes related to these Terms
- Not disclose Confidential Information to third parties without consent
10.3 Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available
- Was known prior to disclosure
- Is independently developed
- Is disclosed pursuant to legal requirement
11. Warranties and Disclaimers
11.1 Our Warranties
We warrant that:
- We have the authority to provide the Services
- The Services will perform substantially as described
- We will provide the Services with reasonable skill and care
11.2 Disclaimer
EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.3 No Guarantee
We do not guarantee that:
- The Services will meet all your requirements
- The Services will be error-free or uninterrupted
- Defects will be corrected
- Alerts will be delivered instantaneously or without delay
12. Limitation of Liability
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.
12.2 Liability Cap
OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12.3 Essential Purpose
These limitations apply even if any remedy fails of its essential purpose and regardless of the theory of liability.
12.4 Exceptions
These limitations do not apply to:
- Breaches of confidentiality obligations
- Violations of intellectual property rights
- Gross negligence or willful misconduct
- Liability that cannot be excluded by law
13. Indemnification
13.1 Your Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses arising from:
- Your use of the Services
- Your violation of these Terms
- Your Customer Data
- Your violation of any third-party rights
13.2 Our Indemnification
We will indemnify you against claims that the Services infringe any third-party intellectual property rights, subject to:
- Prompt notification of the claim
- Our control of the defense
- Your reasonable cooperation
14. Term and Termination
14.1 Term
These Terms remain in effect until terminated by either party.
14.2 Termination for Convenience
Either party may terminate with 30 days' written notice. If you terminate mid-subscription, no refund will be provided for the unused portion.
14.3 Termination for Cause
Either party may terminate immediately if the other party:
- Materially breaches these Terms and fails to cure within 30 days of notice
- Becomes insolvent or files for bankruptcy
- Ceases business operations
14.4 Effect of Termination
Upon termination:
- Your access to the Services will be suspended
- You must pay any outstanding fees
- We will delete your Customer Data within 30 days, unless legally required to retain it
- Provisions that by nature should survive will remain in effect
15. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of Estonia, without regard to conflict of law principles.
15.2 Jurisdiction
Any disputes shall be resolved in the courts of Tallinn, Estonia.
15.3 Informal Resolution
Before initiating formal proceedings, parties agree to attempt resolution through good-faith negotiations for at least 30 days.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any Order Forms, constitute the entire agreement between you and Easycontact.
16.2 Amendments
We may modify these Terms by posting updated Terms on our website. Continued use after changes constitutes acceptance.
16.3 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger or acquisition.
16.4 Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
16.5 Severability
If any provision is found unenforceable, the remaining provisions will continue in effect.
16.6 Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, terrorism, or infrastructure failures.
16.7 Notices
Notices to Easycontact must be sent to [email protected]. Notices to you will be sent to the email address on your Account.
17. Contact Information
For questions about these Terms, please contact us:
Easycontact Tornimäe tn 5 Kesklinna linnaosa, Tallinn Harju maakond, 10145 Estonia
Email: [email protected]