Ingage End User License Agreement (EULA)

REVISED: January 23, 2019

What it says (the short, English version)

We build applications that let you create beautiful, useful digital marketing for your business or just for fun, and this is the license that lets you do that. We are responsible for (and own or license) everything in our apps, from the templates and training tutorials to the underlying technology. You are responsible for everything you put into the apps (text, images, etc.) to make your digital marketing elements, even if you get that material from a third party that our app links to directly. It’s your content, and our technology.

If you build digital marketing assets and share them from our apps, know that only the recipient of the content can remove it from his or her device. If you receive Ingage content that lets you input information or communicate with its creator, make sure that you trust the creator of the content before providing personal information, as we do not control how creators use such information.

Ingage lets you connect to software products and content offered by our partners, and your use of their products is subject to their user agreements.

If you have a problem with our apps, email support@ingage.io. We will try to help. But we can't guarantee that any app will work properly at all times, or do what you want it to.

The Full Version

This End User License Agreement ("EULA") is between you and Scrollmotion, Inc. ("Scrollmotion" or "we" and its derivatives) and governs your use of the mobile application with which this EULA is distributed (the "App"). By using the App, you agree to the terms of this EULA. If you do not agree with the terms, you may not use the App.

BY INSTALLING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND CONSENT TO BE BOUND BY ITS TERMS, AND; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT OR ARE OVER 13 AND HAVE THE CONSENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THIS EULA, DO NOT INSTALL OR USE THE APP (OR DELETE IT IF ALREADY INSTALLED).

If you are using the app as directed by an organization that has contracted with Scrollmotion for access to the App (a “Subscription”), then your use of the App is governed by the Subscription, which will control if there are any conflicts with the following terms.

  1. Parties
    1. This EULA is between you and Scrollmotion. Apple, Inc. ("Apple") is not a party to this EULA. However, Apple and its subsidiaries are third party beneficiaries of this EULA and may enforce this EULA against you.
    2. You represent that you are either (i) at least 18 years old (or the age of majority in the jurisdiction where you are using the App) and agree to be bound by this EULA; or (ii) under the age of majority and have obtained verifiable consent from a parent or legal guardian to use the App. If you are a parent or legal guardian consenting to your child’s use of Ingage, you are bound by this EULA with respect to such use.
  2. Limited License
    1. Scrollmotion grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your internal business or personal, non-commercial purposes in accordance with the documentation available at https://www.ingage.io/support/ (the "Documentation"). You may only use the App on Apple devices that you own or control and as permitted by the App Store Terms of Service. You must remove the App before selling your Apple device.
    2. Except as permitted by this EULA or by Apple’s usage rules with respect to devices you own, you may not, directly or indirectly: (i) modify or create derivative works of the App; (ii) decompile, reverse engineer, or translate any portion of the App into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the App to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the App; (v) disclose the results of testing or benchmarking of the App; (vi) circumvent or disable the App’s security, copyright protection, or license management mechanisms, (vii) interfere with the App’s operation; (viii) use the App to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. We may suspend your account if we reasonably believe that you are in violation of this Section.
    3. The App is licensed, not sold, to you. Except for the limited license granted above, Scrollmotion retains all interests in the App and its underlying technology, including all related intellectual property rights. Scrollmotion, and not Apple, is responsible for the investigation, defense, settlement and discharge of claims by third parties that any element of the App infringes their intellectual property.
  3. Content
    1. As between you and Scrollmotion, You are solely responsible for all content you upload to the App ("Your Content"), including any Third Party Content (as defined below) in the process of creating marketing materials or other content with the App and the distribution of such materials incorporating Your Content. You grant Scrollmotion a limited, nonexclusive right to access, store, publish, and otherwise use Your Content solely in connection with your use of Ingage. Except for the limited license granted to Scrollmotion in the prior sentence, you retain all right, title and interest in and to, and all responsibility and liability for, Your Content.
    2. You may not use the App to transmit, store, display, or distribute content that is illegal, harmful, or offensive, including content that is defamatory, obscene, abusive, invasive of privacy, infringes the rights of third parties, or pornographic. We may suspend your account if we reasonably believe that you are in violation of this Section. If you use the App to store, transmit, collect or otherwise process information that can be used to identify individuals ("Personal Information"), you are responsible for complying with all regulations applicable to the retention and management of such Personal Information, including the “right to be forgotten” and other similar legal principles. If you collect, retain, store, or otherwise process the Personal Information of residents or citizens of the European Economic Area (the “EEA”), you agree that, as between you and Scrollmotion, you are the "Controller" of such information for the purposes of the General Data Protection Regulation ("GDPR"), and Scrollmotion is the "Processor" of such information, and you hereby grant Scrollmotion permission to process such EU Personal Information for the purposes of providing the services offered by the App, and acknowledge that in providing such services, Personal Information of EU residents or citizens may be transferred to jurisdictions outside the EEA, and may be shared with Amazon Web Services, which functions as a subprocessor if information for Ingage for the purposes of the GDPR.
    3. Scrollmotion does not review Your Content as a matter of course, but may access it as required to respond to legal process, in connection with the maintenance and upkeep of the App and its underlying systems and infrastructure, in response to third party complaints, including as set forth in "Infringement" below, and to verify compliance with the terms of this EULA. We may suspend access to or remove Your Content in such situations, and take whatever other actions we deem appropriate.
    4. You acknowledge that by using the App to view content made by others, you may be exposed to content that you may consider offensive, indecent or objectionable. If you believe that any content presented to you through the App infringes a third party copyright, trademark, or other intellectual property right, you may report the infringement as set forth in "Infringement" below.
    5. Creators and distributors of content created with the App are given tools that may let you, as the recipient of their content, provide your information or contact them through the App. Because Scrollmotion does not have full control over how creators build and use the content created with our App, we cannot warrant that your information will be properly handled by them. Be sure you trust the creator of a particular piece of content created with the App before submitting Personal Information.
    6. Once App content has been shared, it cannot be removed from the recipient’s device without their cooperation. By using the App to share content or a link to content, you acknowledge and consent to this fact.
    7. You will indemnify Scrollmotion from all losses, damages, costs (including reasonable attorney’s fees) and expenses awarded by a court or agreed upon in settlement, arising out of third party allegations that Your Content violates any laws or infringes any intellectual property rights of such third party.
    8. All feedback regarding the App that you provide, whether via the help site, contacting support, or through any other means, is Scrollmotion property. Personal information included in such feedback will be handled in accordance with our Privacy Policy. Scrollmotion is free to implement any suggestions for improvements to the App included in such feedback with no obligation to you.
  4. Third Party Material
    1. Scrollmotion may make content from third parties ("Third Party Content") available for incorporation into digital marketing built with the App, and the App may link directly to Third Party Content for your convenience. You are responsible for complying with the terms of use of any providers of such Third Party Content in connection with Scrollmotion, including with respect to any Third Party Content made available under the Creative Commons 0 ("CCO") license. Scrollmotion is not responsible for the accuracy or completeness of Third Party Content.
    2. Certain items of code provided with or accessed via the App are subject to “open source” or “free software” licenses ("OSS"), a list of which is available in the Documentation as required by such licenses. OSS is not subject to these Terms, except for this Section and the “Disclaimer” below. Instead, each item of OSS is licensed under the terms of the license that accompanies such OSS.
  5. Infringement
    1. Scrollmotion respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the App is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in writing at the following address: Attn: Legal, 22 West 38th Street FL 6, New York, NY 10018 or via email legal@ingage.io
    2. Infringement notifications must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed, (ii) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Scrollmotion to locate the material, (iv) information reasonably sufficient to permit Scrollmotion to contact you, such as an address, telephone number, and, email address, (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
    3. The above process may be used to inform us of potential or suspected violations of other intellectual property rights, including unauthorized use of trademarked material.
    4. We may remove Content alleged to be infringing from the systems that Scrollmotion operates on and terminate the right to use our Apps by any user who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion. Note, however, that we do not have the ability to remove Content from materials that have been downloaded to an individual’s device, as noted above.
  6. Maintenance and Support
    1. Help, release information, and release notes are built directly into the App. For additional assistance please email support@ingage.io, and we will do our best to respond promptly.
    2. Scrollmotion, not Apple, is responsible for addressing any claims you make relating to the App or its use, including: (i) any product liability claim; (ii) any claim that the App fails to conform to applicable legal or regulatory requirements; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this EULA will be deemed an admission that you may have such claims.
    3. Scrollmotion will employ industry-standard technical, logical, and physical security measures and practices for the App and any Scrollmotion systems on which Your Content is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to, the App and Your Content.
  7. Collection and Use of Your Information.
    1. You acknowledge that when you download, install, or use an App, Scrollmotion may use automatic means (including, for example, cookies and web beacons) to collect information about your Apple device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with Ingage is subject to our Privacy Policy.
    2. Scrollmotion may collect and use information about your use of the App, including certain types of information about your device. Scrollmotion may use this information in a form that does not personally identify you, to measure the use and performance of the App.
    3. By downloading, installing, using, and providing information to or through the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
    4. Scrollmotion does not knowingly collect, solicit, or allow the processing of sensitive personal data via the App, such as data that may qualify as a special category of data under the GDPR, which is defined as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data processed for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation (collectively, “Sensitive Data”). You may not use the App to process special categories of data. Using the App to process special categories of data in violation of this section may result in the termination of your rights to use the App.
  8. Disclaimer
    1. THE APP IS MADE AVAILABLE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCROLLMOTION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCROLLMOTION DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR AVAILABLE ON AN UNINTERRUPTED BASIS.
  9. Beta and Test Users. You may have the opportunity to use “beta”, “test”, “pre-release” or other non-commercially available versions of the App or certain of its features. All such use is (i) voluntary, requiring you to opt-in for access to such features or versions, and (ii) entirely at your risk. Scrollmotion disclaims all liability to the maximum extent allowed by law for your use of such versions and may revoke access to such versions or features without notice.
  10. Legal
    1. You may not use or otherwise export or re-export Ingage except as authorized by United States law and the laws of the jurisdiction in which Ingage was obtained. In particular, but without limitation, Ingage may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using Ingage, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
    2. The App and the documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
    3. You will comply with all laws applicable to your use of the App, including export control laws related to Your Content. This EULA and all matters relating to your use of the App, including any disputes, will be governed by the substantive laws of the United States and the State of New York, without regard to conflicts of law principles that might require a different result. You consent to arbitration of any claims arising out of this EULA or your use of Ingage, which arbitration will occur in New York, New York, before a single arbitrator, using the American Arbitration Association expedited procedures for commercial disputes.
  11. Contact Us. If you have any questions or suggestions about this EULA, please email support@ingage.io or write to “Customer Service” at Scrollmotion, Inc. 22 West 38th Street FL 6, New York, NY 10018. Our phone number is (212) 608-9146.