Terms of service for ERGCircle

1. Acceptance of these terms

By creating an account, subscribing to a plan or otherwise using ERGCircle, the subscribing organization accepts these terms in full. If you accept them on behalf of an employer, you confirm that you are authorized to bind that employer. Where a separately signed master agreement or data processing agreement exists between MLJ, SASU and the subscriber, that document prevails over these terms on any point where the two differ.

2. The service we provide

ERGCircle is a hosted web application for managing employee resource group programs. It provides chapter and roster management, event publication with registration and QR based attendance capture, budget tracking against an allocation with vendor, approver and receipt records, short member pulse surveys with aggregated scoring, mentoring circle formation and tracking, a multi chapter rollup view for program offices, and an annual impact report exportable to PDF and slide formats. Features are delivered through a standard browser, with no software installed on member devices.

3. Accounts and eligibility

Accounts are issued to organizations, not to individuals, and are administered by the people the subscriber designates. The subscriber is responsible for keeping credentials confidential, for removing access when a chapter lead or program manager changes role, and for all activity carried out under its accounts. Users must be at least sixteen years old and must be employees, contractors or authorized members of the subscribing organization. We may suspend an individual account that is being used in breach of these terms while we investigate.

4. Acceptable use

The service must not be used to store special category personal data beyond the optional, self reported fields the product provides, to monitor individual employees for disciplinary purposes, to send unsolicited commercial messages, to attempt to gain access to another subscriber's data, to reverse engineer or resell the platform, or to upload malicious code. Participation records must not be fed into performance management or compensation decisions. We take these limits seriously because member trust is the foundation of every program that runs on this software.

5. Subscription and billing

Three plans are offered. One Chapter is $99 per month for a single chapter. Company Wide is $229 per month and covers up to twelve chapters with the shared rollup view. Enterprise is $479 per month for an unlimited chapter portfolio with custom roles, audit logging and API access. All prices are in United States dollars, exclude any applicable sales tax or VAT, and are charged monthly in advance from the date the subscription starts. There is no setup fee. Price changes are announced at least sixty days in advance and never apply to a month already paid for.

6. Cancellation and suspension

A subscription may be cancelled at any time from the administrative settings, and takes effect at the end of the current paid month. There is no exit fee, no notice period and no requirement to speak to anyone first. Months already begun are not refunded pro rata. We may suspend a subscription for non payment after two written reminders, or immediately in the event of a serious breach of the acceptable use section, and will restore it once the cause is resolved.

7. Customer data and ownership

All rosters, attendance records, budget lines, survey responses, mentoring records and reports created in the platform remain the property of the subscribing organization. MLJ, SASU processes them only to deliver the service, to provide support when asked, and to keep the platform secure. We do not use customer data to train models, to build benchmarks that identify an employer, or to market to members. Following cancellation, data stays exportable for sixty days and is then deleted on request or on the schedule set in the account.

8. Service availability

We target 99.9 percent monthly availability, measured excluding scheduled maintenance, which is announced at least five days ahead and normally runs on a weekend. Status and incident notes are published and material incidents are reported by email to account administrators within one business day. The service is delivered on a best efforts basis outside any separately signed service level agreement, which Enterprise subscribers may request.

9. Warranty disclaimer

Beyond the commitments expressly stated in these terms, the service is provided as is and as available. We do not warrant that it will be uninterrupted or error free, that it will meet every requirement a particular program has, or that the reports it produces satisfy a specific regulatory obligation. Subscribers remain responsible for reviewing figures before presenting them to a board, a regulator or an auditor.

10. Limitation of liability

To the extent permitted by law, the total liability of MLJ, SASU under these terms in any twelve month period is limited to the amount actually paid by the subscriber for the service in that period. We are not liable for indirect or consequential loss, including loss of profit, loss of opportunity, reputational harm or the cost of substitute services. Nothing in this section limits liability for fraud, for wilful misconduct or for any liability that cannot be limited under applicable law.

11. Indemnity

The subscriber agrees to indemnify MLJ, SASU against third party claims arising from its use of the service in breach of these terms, from content it uploads, or from its failure to give members the notices required by applicable employment and privacy law. We will notify the subscriber promptly of any such claim and will not settle it without consultation.

12. Changes to these terms

We may update these terms to reflect changes in the service or in the law. Material changes are notified to account administrators by email at least thirty days before they take effect, and continued use after that date constitutes acceptance. A subscriber that does not accept a material change may cancel before it takes effect with no penalty.

13. Governing law and jurisdiction

These terms are governed by French law. The parties will attempt to resolve any dispute amicably, and failing that the courts of Paris, France have exclusive jurisdiction. If any provision is found unenforceable, the remainder stays in force and the unenforceable provision is replaced by one that comes closest to its intended effect.

14. Contact

Questions about these terms, requests for a signed data processing agreement and security review documents all go to jimenezjulien42@gmail.com. Publisher details are set out on the legal notice page, and data handling is described in the privacy policy.