Enrollem – Terms of Service
Welcome to Enrollem, an app by Ogham Works Ltd, designed to enhance your HubSpot workflows by enabling direct enrollment of contacts into sequences.
By installing or using Enrollem, you agree to the following terms and conditions. Please read them carefully.
1. Description of the Application
The Application is a software service that integrates with HubSpot and enables the automated enrollment of contacts and other CRM objects into sequences based on user-defined workflows, triggers, and configuration settings.
The total amount of automated enrollments available to you per month via the Enrollem app is based on the package purchased. The number of enrollments is based on the calendar month not the app purchase date.
An “Enrollment” is defined as a contact successfully being enrolled into a sequence. The Enrollem app does not check email validity. If emails bounce or have an error in delivering, this still counts as 1 enrollment used as they were successfully enrolled into the sequence.
Use of the Application requires a HubSpot account with access to Sequences functionality, including a valid Sales Professional or higher subscription.
The Application operates within the technical and policy constraints imposed by HubSpot, and its functionality is dependent on HubSpot APIs and systems. Ogham Works does not control HubSpot functionality and may be required to modify or restrict features to remain compliant with HubSpot requirements.
2. Eligibility and Authority
You may use the Application only if you have the authority to access and use the relevant HubSpot account and, where applicable, to bind the organisation on whose behalf you are acting.
By using the Application, you represent and warrant that you have all necessary rights, permissions, and authorisations to connect the Application to your HubSpot account and to process data through it.
3. Account and Integration Requirements
Use of the Application requires integration with a HubSpot account. You are responsible for ensuring that the integration is properly configured and maintained.
You are solely responsible for all activities conducted through your account, including any automated enrollments, communications, and workflow actions initiated through the Application.
Ogham Works shall not be responsible for any loss, disruption, or errors arising from HubSpot services, including outages, API limitations, rate limits, or changes in functionality.
4. HubSpot Platform Restrictions and Compliance
Your use of the Application must comply at all times with the terms, policies, and technical limitations imposed by HubSpot, including but not limited to acceptable use policies and messaging limits.
You acknowledge that HubSpot imposes restrictions on sequence usage and email sending. Please be aware of email sending limits per day as well as differences in sequence enrollment limits if you have Sales Pro vs Enterprise. Learn more about HubSpot’s imposed limits HERE . Hubspot reserved the right to update these limits as they see fit.
The Application does not override or bypass such limits. You are solely responsible for ensuring that your use of the Application remains within HubSpot-imposed thresholds and complies with all applicable policies.
Ogham Works shall not be liable for any restrictions, suspensions, or penalties imposed by HubSpot as a result of your use of the Application.
5. Subscription, Fees, and Usage Limits
The Application may be offered under free and paid monthly/ annually subscription plans, as described on the Ogham Works pricing page. Each plan may include defined usage limits, including limits on the number of enrollments or automated actions within a billing period. Subscriptions will roll month to month until cancelled. There is no contract with Enrollem so you can cancel at any time.
Where applicable, exceeding usage limits may result in restricted functionality, suspension, or a requirement to upgrade your plan.
Ogham Works reserves the right to modify pricing, introduce new fees, or change plan features or limits at any time. Unless otherwise stated, all fees are non-refundable.
Ogham Works reserves the right to downgrade your subscription to our free plan if invoice is not paid after 7 days.
6. Acceptable Use and Messaging Compliance
You agree to use the Application in compliance with all applicable laws and regulations, including those relating to data protection, electronic communications, and anti-spam requirements such as the GDPR and other applicable legislation.
You shall not use the Application to send unsolicited or unlawful communications, or in a manner that violates HubSpot’s acceptable use policies.
You acknowledge that the Application enables automation of outreach activities and that you are solely responsible for determining the appropriateness, legality, and accuracy of all communications sent using HubSpot sequences.
Ogham Works shall not be liable for any consequences arising from automated actions, including incorrect enrollments, duplicate messaging, or communications sent in error.
7. Data Protection and Privacy
In providing the Application, Ogham Works may process personal data from your HubSpot account. You acknowledge and agree that you are the data controller in respect of such personal data, and Ogham Works acts as a data processor where applicable under the General Data Protection Regulation (GDPR).
Ogham Works shall process personal data solely for the purpose of providing the Application and in accordance with its Privacy Policy.
Ogham Works shall not access, use, or disclose your HubSpot data except as necessary to provide and maintain the Application, comply with legal obligations, or enforce these Terms.
You are responsible for ensuring that you have a lawful basis for processing personal data and for complying with all applicable data protection laws.
8. Intellectual Property
All intellectual property rights in and to the Application, including all software, design, content, and branding, remain the exclusive property of Ogham Works or its licensors.
Subject to your compliance with these Terms, Ogham Works grants you a limited, non-exclusive, non-transferable, and revocable licence to use the Application.
9. Third-Party Services
The Application depends on third-party services, including HubSpot, to operate. Ogham Works does not control and is not responsible for the availability, performance, or security of such services.
Your use of third-party services is subject to their respective terms and conditions.
10. Availability and Maintenance
Ogham Works does not guarantee continuous or uninterrupted access to the Application. The Application may be subject to downtime for maintenance, updates, or technical issues.
We reserve the right to suspend or restrict access where necessary to maintain system integrity or comply with third-party requirements.
11. Disclaimer of Warranties
The Application is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Ogham Works disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Ogham Works does not guarantee that the Application will meet your requirements or that automated processes will produce accurate or intended results.
12. Limitation of Liability
To the fullest extent permitted by law, Ogham Works shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
Ogham Works shall not be liable for any loss or damage arising from workflow misconfiguration, incorrect enrollments, or reliance on automated processes.
Ogham Works’ total aggregate liability shall not exceed the total amount paid by you for the Application in the twelve months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Ogham Works, its directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with:
(a) your use of the Application;
(b) your violation of these Terms;
(c) your breach of any applicable law or regulation, including data protection and anti-spam laws;
(d) any communications or content sent, initiated, or automated through your use of the Application; and
(e) your violation of any third-party terms, including those of HubSpot.
This indemnity shall survive termination of these Terms.
14. Termination
Ogham Works may suspend or terminate your access to the Application at any time, with or without notice, where you are in breach of these Terms or where required to comply with legal or third-party obligations, including HubSpot requirements.
You may cease using the Application at any time. Upon termination, all rights granted to you under these Terms shall immediately cease.
15. Changes to These Terms
Ogham Works reserves the right to amend these Terms from time to time. Updated Terms shall become effective upon posting or upon notification to you, where required by law.
Your continued use of the Application constitutes acceptance of the revised Terms.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Ireland.
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.
17. Contact Information
For any questions regarding these Terms, you may contact Ogham Works via the contact details provided on its website.