Terms & conditions

By signing up for the Engine Room service (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Any new features or services, which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time. Engine Room (“Agency”) reserves the right to update and change the Terms of Service by posting updates and changes to the Engine Room website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

The Engine Room website (‘Website”) is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Engine Room’s Privacy Policy) and procedures that may be published from time to time on this Site by Engine Room (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the Terms of Service of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Engine Room, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms of Service.By using our Site you are consenting to our processing of your info.

1. Definitions and interpretation

In these terms and conditions the following definitions apply unless otherwise stated:

‘Agreement’ means the contract between the Agency and the User for the supply of Services governed by these Terms and the Order.

‘User’ means any individual or business entity using the Website and its services. The term “User” includes Engine Room’s paying customers (“Customers”).

‘Customer’ means the individual or business entity who purchases Services from the Agency and whose details are set out in the Registration and User Account. This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.

‘Agency’ means Engine Room

‘Terms of Service’ means these terms and conditions as updated from time to time by the Agency.

‘White Label Work’ means Services provided by the Agency to a Client who rebrands these services as their own for the benefit of their client.

Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa. Where these Conditions use words which denote a particular gender, they shall be also read to include all genders and vice versa.

2. Access to your engine room account

Subject to the terms and conditions of this Agreement, the Service is solely for User’s personal use.
Engine Room may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Engine Room may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.

User certifies to Engine Room that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

3. Restrictions

User shall not, nor permit anyone else to, directly or indirectly:
( I ) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
( II ) modify or create derivatives of any part of the Service;
( III ) rent, lease, or use the Service for timesharing or service bureau purposes; or ( IV ) remove or obscure any proprietary notices on the Service. As between the parties, Agency shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Engine Room reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Engine Room server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Engine Room’s systems or networks, or any systems or networks connected to the Service or to Engine Room.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

4. Fees & payments

Paid services are available on the Website.

Unless otherwise expressly stated, all prices are listed on the Website and shall be exclusive of VAT and other duties.

The Customer acknowledges that certain Services may involve the licensing of third party Intellectual Property Rights and that the Customer may be required to enter into a licence directly with such third party. Unless otherwise expressly stated, all prices shall be exclusive of costs for the acquisition of Intellectual Property Rights for materials to be included in marketing materials, including if relevant (but without limitation) pictures and licences from third party owners and licensors.

By selecting a paid service the Customer agrees to pay Engine Room the monthly or annual subscription fees indicated for that service. Unless otherwise stated, payments will be charged on the day the Customer signs up for a paid service and will cover the use of that service for a monthly or annual period as indicated.

Service fees are not refundable.

Whilst every effort is made to ensure that costing estimates are accurate, the Agency reserves the right to amend any estimate, should an error or omission have been made.

5. Registration & security

As a condition to using certain products and services of the Service, User will be required to register with Engine Room and select a password. User shall provide Engine Room with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. Engine Room reserves the right to refuse registration of, or cancel an Engine Room User in its discretion. User shall be responsible for maintaining the confidentiality of User’s Engine Room password and other account information.

6. Content

User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Engine Room at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Engine Room does not support the distribution of pornographic content. Except as expressly authorised by Engine Room in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

7. Termination of paid accounts

If you have a paid account, this Agreement shall renew automatically for a further term of one month or one year, depending whether it is a monthly or an annual subscription, at the end of each term, unless and until either party notifies the other of its wish to terminate the Agreement at the expiry of the current term by giving the other party at least 45 days’ written notice in case of annual subscriptions and at the end of a given month in case of monthly subscriptions, with a minimum 7 days notice, prior the beginning of a new month, to expire at the end of that Agreement term.

Without limiting its other rights or remedies, each party may terminate the Agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of the Agreement and (if such breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or

The Agency shall, in addition to all other rights and remedies under these Terms be entitled to terminate this Agreement without notice and with immediate effect in the event that any of its charges for the Services are not paid in accordance with these Terms.

The Customer shall not be permitted to assign or transfer all or any part of its rights or obligations under the Agreement and these Terms without the prior written consent of the Agency.

The Agency shall be entitled to assign or subcontract any of its rights or obligations under the Agreement and these Terms and the Customer acknowledges that certain elements of the Services will be provided by third parties.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Termination of unpaid accounts

If the User doesn’t have a paid account, and the User wishes to terminate this Agreement or the Engine Room free account, the User may simply discontinue using the Website.

9. Variations

Engine Room reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Engine Room may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10. Warranties

If User is a Customer, Engine Room makes the following warranty to Customer: Engine Room shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and timely manner that is free of defects. Customer’s sole remedy, and Engine Room’s exclusive liability, for defects in the Service shall be for Engine Room to use commercially reasonable efforts to promptly correct such defects.

Customer represents and warrants that:
( I ) with respect to all information it provides to Engine Room, Customer has the full right and authority to make such provision and to allow Engine Room to use such information to provide the Service (including, without limitation, for Engine Room to provide such information to its data providers),
( II ) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.

11. Warranty disclaimer

The Website is provided “as is”. Engine Room and its contractors and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Engine Room nor its contractors and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

12. White label work

For any White Label Work the Customer understands and agrees that the Agency have no contractual relationship and therefore no liability in respect of the ultimate client with whom the Customer agrees to perform the White Label Work for.

13. Liability

In no event will Engine Room, or its contractors or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
( I ) any special, incidental or consequential damages;
( II ) the cost of procurement or substitute products or services;
( III ) for interruption of use or loss or corruption of data; or
( IV ) for any amounts that exceed the fees paid by you to Engine Room under this agreement during the twelve (12) month period prior to the cause of action. Engine Room shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General representation & warranty

Users represent and warrant that ( I ) users’ use of the Website will be in strict accordance with the Engine Room Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and ( II ) user’s use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Privacy

Engine Room’s current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. Engine Room strongly recommends that you review the Privacy Policy closely.

16. Copyright

All content included on the Site, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Engine Room or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of Engine Room and protected by U.K. and international copyright laws. All software used on (or provided through) the Site is the property of Engine Room or its software suppliers and protected by United States and international copyright laws.

17. Indemnification

You agree to indemnify and hold harmless Engine Room, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

18. Entire agreement

The parties acknowledge and agree that the Agreement supersedes any prior agreement, understanding or arrangement between the parties, whether made orally or in writing and constitute the entire agreement between the Agency and the User relating to these Services. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory or otherwise) are hereby excluded to the fullest extent permitted by law.

19. Validity

If any term of these Terms is found illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining Terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining Terms which shall continue in full force and effect and be binding on the parties to the Agreement.

20. Law and jurisdiction

The Agency and the User shall be obliged to attempt to settle any disputes arising between them including disputes relating to the existence or validity of the Agreement through negotiation provided always that either party shall be entitled at all times to exercise any of its other remedies including through taking legal action.

The Agreement shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts.

21. Registered Address

Agrestowa 27a, Rusiec, Mazowiecka, Poland 05-830.

This address is listed to be in line with EU banking regulations. See the footer for our trading address. We look forward to hearing from you.