1. Agreement
These Terms of Service (the “Terms”) are an agreement between the operator of Ensue (“Ensue”, “we”, “us”) and the person or organization that creates an account or uses our services (“you”). By creating an account, joining early access, or using the Services, you agree to these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it.
2. The Services
“Services” means the Ensue website, dashboard, API, command line tools, documentation and the products offered through them, including Gateway (receiving, verifying, filtering and delivering webhooks), Dispatch (sending webhooks to your customers), agent inboxes, and related features. Some features are labeled early access or beta. They may change, break or be withdrawn, and are provided as they are.
3. Accounts
- You must give accurate information and keep it current. You must be old enough to form a binding contract where you live.
- You are responsible for activity under your account, your workspace members, and your API keys, signing secrets and tokens. Keep them secret and rotate them if exposed.
- Tell us promptly at hello@getensue.com if you suspect unauthorized access.
4. Your data
Ownership. You own the events, payloads, headers, configuration and other content you send to or through the Services (“Customer Data”). You grant us a limited license to host, copy, transmit, transform and display Customer Data only as needed to provide, secure and support the Services, as you direct.
Your responsibility. You are responsible for the accuracy and lawfulness of Customer Data, for having the right to send it to us, and for having a legal basis for any personal data in it. Webhook payloads from third parties may contain personal data you did not choose, so you decide what to route through Ensue and where it goes.
Sensitive data. Do not send payment card numbers, government identifiers, health records or other highly sensitive data unless we have agreed in writing that the Services are suitable for it.
Retention and deletion. We keep events for the retention period of your plan, then delete them. You can delete data sooner from the dashboard or API. After your account ends we delete Customer Data within a reasonable period, except where the law requires us to keep it. Backups roll off on their normal schedule.
Usage data. We collect operational data such as request counts, delivery results, latency and error logs to run, secure and improve the Services. We use it in aggregate and do not sell it or Customer Data.
5. Acceptable use
You agree not to:
- break the law, or send content that is unlawful, infringing, defamatory or malicious;
- probe, scan or test the security of the Services without our written permission, or bypass rate limits, plan limits or other controls;
- use the Services to attack, overload or send unsolicited traffic to a third party, including by pointing destinations at systems you do not control or have permission to send to;
- create delivery loops, or use the Services to relay traffic in a way that amplifies requests;
- interfere with or degrade the Services for others, or resell or sublicense them except as we allow in writing;
- reverse engineer the Services, except where the law permits it despite this restriction;
- use the Services to build a competing product, or to train a model on content of other Ensue customers.
We may block traffic, pause delivery or suspend an account that we reasonably believe breaks this section or threatens the Services, and we will try to tell you when we do.
6. Plans and fees
- Plans. Each plan has limits, such as events per month, sources, destinations, retention and rate limits. They are listed on our pricing information and may be enforced automatically.
- Billing. Paid plans are billed in advance on a recurring basis, plus any usage-based charges, using the payment method you give us. Fees are in US dollars unless stated otherwise, exclude taxes, and you pay any applicable taxes. Our payment processor handles card details; we do not store full card numbers.
- Changes to paid plans. We may change prices or paid plan limits with reasonable notice, effective at your next renewal.
- Free accounts. Free accounts are provided as a courtesy. We may change or remove their limits, features and retention, or end free accounts, at any time and without notice.
- Refunds. Fees are non-refundable except where the law requires, or where we say otherwise in writing.
- Late payment. If a payment fails we may retry it, restrict the account to the free plan’s limits, or suspend paid features after notice.
- Early access. Early access may be free, and we may start charging after notice. Joining the waitlist is not a commitment by either side.
7. Availability and delivery
We work to keep the Services available and to deliver every accepted event, retrying failed deliveries according to your delivery policy. But we do not promise uninterrupted or error-free service, and we do not promise that a destination will accept an event. An event is accepted once we respond success to the sender; after that, delivery depends on your destination, your policy and the retry window. Events that exhaust retries are kept as failed so you can replay them within your retention period. We do not guarantee that any event will be received, delivered or delivered on time. Any uptime commitment applies only if it is stated in a written service level agreement for your plan.
We may perform maintenance, and we may rate limit or reject traffic that exceeds your plan or threatens the Services.
8. Intellectual property
We and our licensors own the Services, including software, designs, documentation and trademarks. These Terms give you a limited, non-exclusive, non-transferable right to use the Services while your account is active. Our open source starters and tools are licensed under the licenses stated in their repositories, which apply to them instead of this section. If you send us feedback or suggestions, we may use them without restriction or payment. These Terms do not grant you any right to our name or logo, except that we may name you as a customer if you agree.
9. Confidentiality
Each party may receive non-public information from the other (“Confidential Information”). The receiver will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to people who need to know and are bound by similar duties, or as required by law (after notice where permitted). This does not cover information that is public through no fault of the receiver, was already known to it, was independently developed, or was received lawfully from a third party. Customer Data is your Confidential Information.
10. Termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these Terms and do not fix it within a reasonable time after notice, if you fail to pay, if the law requires, or immediately for conduct that threatens the Services or others. We may also end the Services or any part of them on reasonable notice, and refund prepaid fees for the period after the end.
On termination your right to use the Services stops. Export what you need before closing: we keep Customer Data for a short period as described in section 4, then delete it. Sections that by their nature should survive (including 4, 8, 9, 11 to 13 and 16) do.
11. Warranties and disclaimers
Each party confirms it has the authority to enter these Terms. We will provide the Services with reasonable skill and care. Except as stated in this section, the Services are provided “as is” and “as available”, and we disclaim all other warranties, including merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted, error-free or secure against every threat. Some places do not allow certain disclaimers, so some of this may not apply to you.
12. Limitation of liability
To the maximum extent the law permits:
Missed or delayed events. We are not liable for any event that is missed, delayed, dropped, duplicated, delivered out of order or not delivered, or for any loss that results, whatever the cause, including outages, failed retries, destination errors and limits on your plan. This applies to every plan, and in full to free accounts.
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if told they were possible; and
- each party’s total liability under these Terms in any 12 month period is limited to the fees you paid to us for the Services in the 12 months before the claim arose (or US$100 if you have paid nothing).
These limits do not apply to your obligation to pay fees, to either party’s liability for fraud, gross negligence or willful misconduct, to your indemnity under section 13, or to liability that cannot be limited by law.
13. Indemnity
You will defend and indemnify us against third party claims, and resulting losses and reasonable costs, arising from Customer Data, your use of the Services in breach of these Terms, or your destinations’ and customers’ use of the events you send. We will tell you promptly of the claim, let you control the defense (you may not settle without our consent if it admits fault on our part), and reasonably cooperate at your cost.
We will defend and indemnify you against third party claims that the Services, used as permitted, infringe that party’s intellectual property rights, on the same conditions. If a claim is likely we may modify the Services, obtain a license, or end the affected part and refund prepaid fees.
14. Data processing
Where we process personal data in Customer Data for you, you are the controller (or processor for your own customers) and Ensue is a processor. This section is our data processing addendum and forms part of these Terms.
- Instructions. We process personal data only on your documented instructions, which are these Terms and your use and configuration of the Services, and not for our own purposes. We do not sell personal data.
- Details. Processing is the receipt, storage, transformation, delivery and replay of events, for as long as your account is active. The data subjects and categories of data are whatever you choose to send. We do not intend to process special categories of data.
- Personnel. People with access to Customer Data are bound by confidentiality, and only have access when needed to run or support the Services.
- Security. We keep appropriate technical and organizational measures, including encryption in transit, encryption of stored secrets, access controls, and logging. We describe them in our documentation and update them as the Services evolve.
- Sub-processors. You authorize the sub-processors that we use to run the Services, including our infrastructure provider, and we will provide a current list on request. We bind them to terms at least as protective as this section and remain responsible for them. We will give reasonable notice of a new sub-processor. If you object on reasonable data protection grounds, we will work with you in good faith, and if we cannot resolve it either of us may end the affected Services without penalty.
- Data subject requests. We will promptly pass on to you requests we receive from individuals about Customer Data, and reasonably help you respond using the tools in the Services.
- Government requests. If we receive a legally binding request for Customer Data, we will tell you first where the law permits, and disclose only what is required.
- Breaches. We will tell you without undue delay, as soon as reasonably practical after we confirm a breach of security affecting Customer Data, with the information we have and the steps we are taking.
- Assessments. We will provide reasonable information to show our compliance and help with data protection impact assessments, no more than once a year unless required after a breach or by a regulator.
- Transfers. Customer Data is stored and processed in the regions of our infrastructure providers. Where personal data from the EEA, the UK or Switzerland is transferred to a country without an adequacy decision, we rely on the Standard Contractual Clauses (Module Two, controller to processor) and the UK addendum, which are incorporated here.
- Return and deletion. When the Services end we delete or return personal data as described in section 4, unless the law requires us to keep it.
If this section conflicts with another part of these Terms or our Privacy Policy about personal data in Customer Data, this section controls.
15. Changes to these Terms
We may update these Terms. For material changes we will give reasonable notice by email or in the dashboard. If you do not agree, you may stop using the Services and close your account before the changes take effect. Continued use after that is acceptance. The date at the top shows the latest version.
16. General
- Governing law. These Terms are governed by the laws of the jurisdiction in which the operator of Ensue is established, without regard to conflict of law rules. Disputes are heard in the courts of that jurisdiction, except that either party may seek urgent injunctive relief anywhere.
- Entire agreement. These Terms, with our Privacy Policy and any order form or written agreement we sign with you, are the whole agreement and replace earlier ones. If there is a conflict, the signed agreement wins.
- Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
- Severability and waiver. If a provision is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as outages of internet or cloud infrastructure providers, natural disasters, war or labor disputes. Payment duties are not excused.
- Notices. We may give notice by email to your account address or through the dashboard. You may write to us at the address below.
- Export and sanctions. You will not use the Services in violation of applicable export controls or sanctions laws.
- Relationship. We are independent contractors. There are no third party beneficiaries.
17. Contact
Questions about these Terms? Write to hello@getensue.com or use the contact form.