Terms of Use

We allow you to use the Services on the basis of these Terms. We do not sell the myConsole Software to you. We remain the owners of the Software at all times. It is agreed:

1. Definitions and Interpretation

1.1 The definitions and rules of interpretation in this Condition 1 apply in these Terms.

  • Authorised End User: That you are authorized by the Authorised Administrator of the legal entity that has entered into this agreement to use the Services;
  • myConsole Software: The software application hosted by or on behalf of myConsole which receives and processes data;
  • End Users: Those individuals, who are created as users by you on the myConsole Instance, irrespective of whether they use the Services or not;
  • Virus: Anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

2. Granted Access

2.1 Terms of Access

To be granted access to the platform you are still required to agree and adhere to these Terms. myConsole grants you a non-exclusive, non-transferable access for Authorized Users to use the myConsole Software and Services during the Subscription Term, strictly for managing activities, tasks, and projects.

2.2 Secure Passwords

You undertake that as an Authorised User you shall keep a secure password for her/his use of the Services, and each Authorised User shall keep her/his password confidential.

2.3 Virus, Prevention and Safe Usage

You shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the Services that:

  • 2.3.1 Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • 2.3.2 Facilitates illegal activity;
  • 2.3.3 Depicts sexually explicit images;
  • 2.3.4 Promotes unlawful violence;
  • 2.3.5 Is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
  • 2.3.6 Causes damage or injury to any person or property; and
  • 2.3.7 myConsole reserves the right, without liability to you and without prejudice to any other rights or remedies it may have, to disable your access to any material that breaches the provisions of this Condition.

2.4 Legal Restrictions

  • 2.4.1 Use any of the Customer Data or personal profile reports or other information generated as part of the Services for any illegal or unlawful purposes;
  • 2.4.2 Install or attempt to install the Software other than the instance(s) created for you by us;
  • 2.4.3 Materially change the nature or purpose of the myConsole Software or the Customer Instance(s)
  • 2.4.4 Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
    • 2.4.4.1 And except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software (as applicable) in any form or media or by any means; or
    • 2.4.4.2 Attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Software; or
  • 2.4.5 Access all or any part of the Software or the Services in order to build a product or service which competes with the Services; or
  • 2.4.6 Use the Services or the Software to provide services to third parties; or
  • 2.4.7 Subject to Condition 19.1, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software or the Services available to any third party except the Administrator and the Authorised Users, or
  • 2.4.8 Attempt to obtain, or assist third parties in obtaining, access to the Software or the Services, other than as provided under this Condition 2.

2.5 Unauthorised Access Prevention

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the myConsole Software and, in the event of any such unauthorised access or use, promptly notify myConsole.

3. Your Obligations

3.1 Customer Cooperation and Access Obligations

You shall provide myConsole with:

  • 3.1.1 All necessary co-operation in relation to these Terms; and
  • 3.1.2 All necessary access to such information as may be required by myConsole;

3.2 Access information and configuration services:

In order to provide the Services, including but not limited to Customer Data, security access information and configuration services:

  • 3.2.1 Comply with all applicable laws and regulations with respect to your activities under these Terms; and
  • 3.2.2 Carry out all your other responsibilities set out in these Terms in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed by the parties, myConsole may adjust any agreed timetable or delivery schedule as reasonably necessary;

3.3 User Compliance and Accountability

Ensure that the Administrator and Authorised Users use the Services in accordance with these Terms and shall be responsible for any breach of these Terms by the Administrator or any Authorised User;

4. Proprietary Rights

4.1 Non-exclusive, non-transferable license

myConsole hereby grants to you a non-exclusive, non-transferable license to use the myConsole Software for the purposes of receiving and using the Services only.

4.2 Intellectual Property Rights

You acknowledge and agree that myConsole and/or its licensors own all intellectual property rights in the myConsole Software and the Services. Except as expressly stated in these Terms, these Terms do not grant you any rights to, or in any intellectual property rights or any other rights or licenses in respect of the Software or the Services.

5. Force Majeure

myConsole shall not be liable to you for any failure or delay in fulfilling its obligations under these Terms, or for interruptions to its business, caused by events beyond its reasonable control. This includes, but is not limited to, utility services or telecommunications failures, acts of God, war, riots, civil disturbances, malicious damage, or compliance with any law, governmental order, rule, regulation, or directive. myConsole will notify you of such events and provide an estimate of their expected duration.

6. Governing Law and Jurisdiction

23.1 Law of England

These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the Law of England.