ImpactCheck Terms of Service

1.1 Access

Envisia Learning Ltd ("Provider", "we", "us"), a company registered in England and Wales (company number 09173112), grants you ("Customer", "you") the right to access and use ImpactCheck during the Subscription Period, subject to these terms. You may copy and use any included documentation as needed to use the service.

1.2 Accounts

You are responsible for the security of your account credentials. You must promptly notify us if you become aware of any unauthorized access. We are not liable for losses caused by unauthorized use of your account that you fail to report.

1.3 Your content

You retain all rights to the content you create, upload, or collect through ImpactCheck ("Customer Content"), including survey questions, branding assets, and response data. You grant us a limited license to host, process, and display your content solely to provide the service.

1.4 Feedback

If you provide feedback or suggestions about ImpactCheck, we may use that feedback without restriction or obligation to you.

1.5 Usage data

We may collect anonymized, aggregated data about how the service is used ("Usage Data"). Usage Data does not include Customer Content or personal data. We may use Usage Data to improve, maintain, and develop the service.

2.1 Your obligations

You agree not to:

• Reverse engineer, decompile, or disassemble the service
• Sublicense, resell, or redistribute the service to third parties
• Use the service to build a competing product
• Conduct security or vulnerability testing without prior written consent
• Upload content you don't have the rights to use
• Use the service for any unlawful purpose
• Use the service for high-risk activities where failure could lead to death, bodily injury, or environmental damage

2.2 Suspension

We may suspend your access if we reasonably believe you are in material breach of these terms, or if your use poses a security risk to the service or other customers. We will attempt to notify you before or promptly after any suspension.

3.1 Personal data

We process personal data in accordance with our Privacy Policy. We comply with applicable data protection laws including GDPR where applicable.

3.2 Respondent identity (Anonymous and Named modes)

Each survey is configured by its creator as either "Anonymous" or "Named":

• Anonymous surveys: we do not store IP addresses, email addresses, names, tracking cookies, or device fingerprints for respondents (we use only a strictly-necessary security cookie). There is no way to trace a response back to an individual.
• Named surveys: we store the respondent's name and email, captured either via the survey creator's API integration or entered by the respondent on the form. Respondents see, on the form, that they're submitting under Named mode, who can see their identity (the survey creator's organization administrators), and what is captured. Aggregate reporting is the default; individual rows are visible only to administrators of the survey creator's organization.

The survey creator chooses the mode at survey creation. Once a response has been collected, the mode locks for that survey to preserve dataset integrity.

3.3 Security

We maintain commercially reasonable administrative, physical, and technical safeguards to protect Customer Content. We use encryption in transit (TLS) and follow industry-standard security practices.

4.1 Subscription fees

ImpactCheck is offered as a paid subscription with a 30-day free trial. No payment is collected during the trial. After the trial, your account moves to read-only unless you subscribe; we will not charge you automatically. Current published pricing is on the home page; we may update prices for new subscriptions on notice, but in-flight billing periods are honoured.

4.2 Taxes

Listed prices are exclusive of VAT, GST, and applicable sales taxes. We will calculate, collect, and remit taxes where required by law (for example, UK VAT, EU VAT under the OSS scheme, and US sales tax in states where we have a tax obligation). For B2B customers with a valid VAT number, the EU/UK reverse-charge mechanism applies where appropriate.

4.3 Refunds

Subscription fees are non-refundable except where required by law. If you cancel during a billing period, you retain access until the end of that period; no pro-rata refund is issued.

5.1 Term

These terms are effective when you first create an account or use ImpactCheck, and continue until terminated by either party.

5.2 Termination

You may terminate your account at any time by contacting us. We may terminate or suspend your account if you materially breach these terms and fail to cure the breach within 30 days of notice.

5.3 Effect of termination

Upon termination, your right to access the service ends. You may request export of your Customer Content before termination. We will delete Customer Content within 60 days of termination unless legally required to retain it.

5.4 Survival

Sections relating to intellectual property, limitation of liability, indemnification, confidentiality, and general terms survive termination.

6.1 Mutual warranties

Each party represents that it has the authority to enter into these terms and that doing so does not violate any other agreement it is bound by.

6.2 Provider warranty

We warrant that ImpactCheck will perform materially as described in its documentation. If we materially reduce the functionality of the service, we will attempt to restore it within 45 days. If we cannot, you may terminate your account.

6.3 Disclaimer

Except as expressly stated in these terms, the service is provided "as is" and "as available." We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.1 By Provider

We will defend you against any third-party claim that ImpactCheck, used according to these terms, infringes a third party's intellectual property rights, and we will pay any resulting damages or settlement amounts.

8.2 By Customer

You will defend us against any third-party claim arising from (a) your Customer Content infringing a third party's rights, or (b) your breach of Section 2.1, and you will pay any resulting damages or settlement amounts.

11.1 Entire agreement

These terms, together with any referenced policies, constitute the entire agreement between you and us regarding ImpactCheck.

11.2 Modifications

We may update these terms from time to time. We will notify you of material changes by email or through the service at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

11.3 Governing law

These terms are governed by the laws of England and Wales. Any disputes will be resolved in the courts of England and Wales.

11.4 Assignment

Neither party may assign these terms without the other's written consent, except in connection with a merger, acquisition, or sale of substantially all assets.

11.5 Notices

Notices to us should be sent to legal@envisialearning.com. Notices to you will be sent to the email address associated with your account.

11.6 Force majeure

Neither party is liable for delays or failures caused by events outside its reasonable control, including natural disasters, war, pandemic, terrorism, or utility failures.

11.7 Severability

If any provision of these terms is found unenforceable, the remaining provisions continue in effect.

11.8 No waiver

A party's failure to enforce any provision does not waive its right to enforce it later.