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Below is the list of notable changes to the Energage General Terms organized by date updated and section changed.
Clarification: Access to Services ordered will be terminated at the end of the subscription term.
Clarification: The use of de-identified, aggregate data (data sets) may be used in employer recognition programs.
Clarification: Services provided, data sets, reports, survey statements are considered Energage IP.
Clarification: Energage survey statements or content accessed through the Services cannot be used within another tool not provided by Energage.
Clarification: Notice of termination must be provided before 30 days prior to the end of the subscription term.
Change: Renewal notice adjusted from 30 days to 60 days.
Addition: Explicit statement that Energage reserves the right to collect outstanding fees as stated in the Service order.
Clarification: Edited for consistent use of terms (E.g. Changed Company to Customer)
Addition: Defined Service Order as the contract that outlines the specific services used by Customer.
Change: Adjusted renewal from 30 days prior to subscription term date to 0 days prior to subscription term date.
Clarification: Customers must provide 30-day notification for subscription cancellation.
Clarification: Organizations may be contacted by an Energage partner for the purpose of an employer recognition program.
Addition: Section clarifies Energage’s right to disqualify customers from an employer recognition program for conduct that interferes with or harms the integrity of the program.
Clarification: The lawful and non-discriminatory use of respondent information pertaining to race, nationality, gender or other protected category.
Addition: Section clarifies that customer is responsible for all rights and permissions required to use non-Energage content within Energage Services.
Addition: Defined Employer Recognition Program
Clarification: Fees for Services purchased are due whether Services are used or not.
Addition: Section ensures Customer receives operational communication necessary for operating, administering, and supporting Energage Services
Clarification: Users includes survey invitees
Clarification: The title of this section has been changed from THIRD-PARTY SERVICES to clarify that this section refers to the Customer’s potential third-party services, not Energage’s.
Clarification: Energage reserves the right to calculate the total number of Users periodically and if the number of Users exceeds your current Subscription, Energage may invoice you for the additional Users on a pro-rated basis for the remaining period left in your Subscription Term.
Clarification: With automatic renewal, your Services Subscription will renew at price not greater than 10% above previous Term price for the successive Subscription Term.
Addition: Section references Energage’s Trust and Security information (located here: https://www.energage.com/trust/) for information about security, data protection, and data processing.
Clarification: The title of this section has been changed from PLATFORM SUB-PROCESSORS to clarify that this section refers to Energage third-party services.
Removal: The word “sub-processor” has been removed because that topic is covered in detail in Energage’s Data Processing Agreement. The link to that is now stated in Section 3.2, as noted above.