REVISED: March 21, 2023
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, videos, images, links, 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.
If you have a problem with our apps, email firstname.lastname@example.org. 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 do.
This End User License Agreement ("EULA") is between you and Scrollmotion, Inc., d/b/a Ingage ("Ingage" or "we" and its derivatives) and governs your use of the 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 Ingage 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.
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. Ingage 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.
Ingage takes claims of copyright infringement seriously. Ingage will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Scrollmotion, Inc. d/b/a Ingage
37 S. Main Street Yardley, PA 19067, United States
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the App was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the App was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you have any questions or suggestions about this EULA, please email email@example.com or write to "Customer Service" at Ingage, Inc. 37 S. Main Street, Yardley, PA 19067. Our phone number is (212) 608-9146.