Terms of service

Last updated: June 21, 2020

Thank you for using encoro! We build it to help you lead your teams. There’s a lot of ground to cover with digital products, but we’ve tried to write it in plain English where we can in these Terms of Service.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Encoro, LLC.

When we say “Services”, we mean any product created and maintained by Encoro, LLC used across all supported platforms whether within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service in the future but intend to keep the spirit intact, preferencing clarity and transparency over obscure gotchas and caveats.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision.

These terms contain a limitation of our liability.

If you violate of any of the terms, we may terminate your account. That’s a broad statement and it means you need to trust us. We aim to earn that trust with clear policies and a great product.

Account terms

  1. You are responsible for the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up a password manager and use a strong password.
  2. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who have access to your login credentials.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, refunds, and plan changes

  1. If you are using a free version of encoro, it is really free: we do not ask you for your credit card and — just like for customers who pay for encoro — we will never sell your data.
  2. If you are upgrading from a free plan to a paid plan, we charge your card immediately. Your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.

Cancellation and termination

  1. You are solely responsible for properly canceling your account. Within encoro, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact Support.
  2. All of your content will be inaccessible from encoro immediately upon cancellation.
  3. If you cancel encoro before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. This clause is included to be able to follow through on our values in the event that an account is being used maliciously.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employees or officers will result in immediate account termination.

Modifications to prices

Sometimes we will change the pricing structure for encoro. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, security, and privacy

  1. Your use of encoro is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements our Services — but do take uptime of our applications seriously. Visit our status page to check the availability of encoro.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of encoro for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that encoro may process your data as described in our Privacy policy and for no other purpose. We as humans can access your data for the following reasons:
    • To help you with support requests you make. We’ll ask for express consent before accessing your account.
    • To safeguard encoro. We’ll look at logs and metadata as part of our work to ensure the security of your data and encoro as a whole.
    • To the extent required by applicable law.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data.
  6. Under the California Consumer Privacy Act (“CCPA”), encoro is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of service, and Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use encoro in a way that violates the regulations.

Copyright and content ownership

  1. All content posted on encoro must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
  3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have bugs. We track bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but put it in one section for convenience

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are taking a risk with us. If it does not work out, that’s on you, not us. We do our absolute best to mitigate risks as well as possible through careful management of the business, investments in security, infrastructure, and talent. If you choose to use our Services, thank you for putting your faith in us.

If you have a question about any of the Terms of Service, please contact Support.