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Product Advocate
1. About These Terms
These Terms of Service (the "Agreement") form a legal contract between you (the "Customer", "you" or "your") and Phishr Limited, a company registered in England and Wales (company number 14769135), trading as Everhold, with its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ ("Everhold", "we", "us" or "our").
By using the Service, you agree to be bound by this Agreement. If you do not agree, please do not use the Service.
If you are accepting these terms on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation to this Agreement.
Plain English commitment: We have written these terms in plain language wherever possible. Where we use legal terminology, we have tried to explain what it means.
2. What We Provide
2.1 The Service
Triggr is a workflow automation platform designed for Managed Service Providers (MSPs). It allows you to automate tasks and processes across your clients' IT environments by connecting with third-party tools and services.
2.2 Done-For-You Service
We provide a fully managed, done-for-you automation service. This means our team will build, configure, and maintain workflows on your behalf based on your requirements and instructions. This section explains how we access your account to deliver this service.
2.3 Account Access by Everhold Staff
To deliver our done-for-you service, you grant us permission to access your Triggr account (your "Master MSP Account"). This access allows our team to:
1. Design, develop, test, and deploy automation workflows as directed by you
2. Configure integrations with your third-party tools and services
3. Troubleshoot, maintain, and optimise existing workflows
4. Provide technical support and resolve issues
5. Implement changes and improvements you request
2.4 Staff Access Controls
We take account access seriously and implement the following controls:
(a) Need-to-know basis: Only Everhold staff members who are directly involved in managing your account will be granted access. This typically includes your assigned account manager and automation developers.
(b) Named personnel: Upon request, we will provide you with the names and roles of staff members who have access to your account. You can also view, modify, or revoke access permissions for Everhold staff at any time via your organisation admin settings within the platform. Please note that restricting or removing our access may impact our ability to deliver the Service, including support and workflow development.
(c) Access reviews: We regularly review access permissions and promptly remove access for staff who no longer require it (for example, when team members change roles or leave the company).
(d) Secure authentication: All Everhold staff accessing your account must use multi-factor authentication (MFA).
2.5 Your Instructions
We will only make changes to your workflows, integrations, and configurations based on your instructions or as reasonably necessary to maintain the Service. You can provide instructions through:
1. Your designated account contact(s)
2. Our support ticketing system
3. Scheduled calls or meetings with your account manager
4. Email or Teams/Slack messages from authorised contacts
For significant changes that could affect your operations, we will seek your written approval before implementation.
2.6 Your Licence
We grant you a limited, non-exclusive, non-transferable licence to access and use the Service during your subscription period. This licence is for your internal business purposes only and is subject to you complying with this Agreement.
2.7 Users
You may allow your employees and contractors ("Users") to access the Service on your behalf. You are responsible for ensuring that all Users comply with this Agreement, and you are liable for any breaches by your Users.
2.8 Beta Features
We may offer beta or preview features from time to time. These are provided "as is" without any warranty. We may change or discontinue beta features at any time without notice.
3. What You Must Not Do
You agree not to:
1. Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
2. Attempt to gain unauthorised access to the Service, other accounts, or computer systems
3. Reverse engineer, decompile, or disassemble any part of the Service
4. Copy, modify, or create derivative works based on the Service
5. Resell, sublicense, or provide access to the Service to third parties (except to your clients through authorised workflows)
6. Use the Service in a way that could damage, disable, or impair it
7. Upload or transmit viruses, malware, or other malicious code
8. Interfere with any other customer's use of the Service
4. Your Data
4.1 Ownership
You retain all rights to any data you upload to the Service ("Customer Data"). We do not claim ownership of your data.
4.2 Our Use of Your Data
You grant us a limited licence to use, copy, store, and process your Customer Data solely to provide and maintain the Service, to troubleshoot technical issues, and as required by law. We will not use your data for any other purpose without your consent.
4.3 Your Responsibilities
You are responsible for:
1. The accuracy and legality of all Customer Data
2. Ensuring you have all necessary rights and permissions to use and share the data
3. Keeping your login credentials secure and not sharing them with unauthorised persons
4. Maintaining your own backups of important data
5. Ensuring you have appropriate agreements in place with your own clients that permit you to process their data using the Service and to grant us access as contemplated by this Agreement
4.4 Service Data
We may collect anonymised and aggregated data about how the Service is used ("Service Data"). We may use this data to improve our products and services. This data will not identify you or your clients.
5. Data Protection and Privacy
5.1 Our Roles
When you use the Service to process personal data on behalf of your clients, you are the "data controller" and we are the "data processor" (as defined under UK GDPR). This means you decide why and how personal data is processed, and we process it on your instructions.
5.2 Data Processing Agreement
Our Data Processing Agreement ("DPA"), which forms part of this Agreement, sets out the specific terms for how we process personal data on your behalf. The DPA includes details of:
1. The types of personal data we process
2. The purposes for which we process it
3. Our security measures
4. Sub-processor arrangements
5. International data transfers
6. Data subject rights
5.3 Your Obligations
You must:
1. Ensure you have a lawful basis to process any personal data using the Service
2. Provide any required privacy notices to data subjects
3. Obtain any necessary consents where required
4. Comply with all applicable data protection laws
5.4 Data Breach Notification
If we become aware of a personal data breach affecting your data, we will notify you without undue delay and provide you with sufficient information to meet any obligations you may have to report the breach to the Information Commissioner's Office (ICO) or other relevant supervisory authority.
5.5 Data Location and International Transfers
By default, your data is stored and processed on Amazon Web Services (AWS) infrastructure located in the United States (US-East region). As this involves transferring personal data outside the United Kingdom, we rely on appropriate safeguards as required by UK GDPR, including the UK International Data Transfer Agreement and AWS's compliance with recognised data protection standards.
UK hosting is available on request. If you require your data to be stored and processed within the United Kingdom or European Economic Area, please contact us to discuss your requirements.
By using the Service with default settings, you acknowledge and consent to your data being processed in the United States.
5.6 Sub-Processors
We use carefully selected third-party sub-processors to help deliver the Service. Our primary sub-processors include:
1. Amazon Web Services (AWS): Cloud hosting and infrastructure (United States, or UK/EEA if UK hosting is selected)
2. Clerk: Authentication and user management services
3. Encore Cloud: Server and infrastructure management services
A complete and up-to-date list of sub-processors is available on request. We will notify you when we add new sub-processors that process personal data.
6. Security
We are committed to protecting your data and follow industry best practices for security. This section describes the measures we have in place.
6.1 Infrastructure
Our Service is hosted on Amazon Web Services (AWS), which maintains comprehensive security certifications including SOC 2, ISO 27001, and others. AWS provides enterprise-grade physical security, network protection, and environmental controls for the data centres where your data is stored.
6.2 Encryption
Data in transit: All data transmitted between your systems and our Service is encrypted using TLS 1.2 or higher. We enforce HTTPS for all connections.
Data at rest: All Customer Data stored on our systems is encrypted at rest using AES-256 encryption, provided by AWS.
6.3 Authentication
We use Clerk as our authentication provider. Clerk provides:
1. Secure user authentication and session management
2. Multi-factor authentication (MFA) capability
3. Protection against common authentication attacks
Session tracking with the ability to revoke active sessions, providing an additional layer of token and session protection
We strongly recommend that all users enable MFA on their accounts.
6.4 Access Controls
Access to systems and data within Everhold is granted based on the principle of least privilege. Staff only have access to the systems and data necessary for their role. All Everhold staff are required to use multi-factor authentication.
6.5 Personnel
All employees and contractors are bound by confidentiality obligations as a condition of their engagement. Staff with access to customer accounts receive training on their responsibilities regarding data protection and security.
Our team operates worldwide, which means staff in various countries may access your data to provide the Service. All staff, regardless of location, are bound by the same confidentiality and security obligations.
6.6 Incident Response
We maintain procedures for responding to security incidents, including identification, containment, and notification. In the event of a security incident affecting your data, we will notify you in accordance with Section 5.4.
6.7 Backups
Customer Data is backed up regularly using AWS backup services. However, you are responsible for maintaining your own backups of critical data as set out in Section 4.3.
6.8 Service Availability
We target 99.9% availability of the Service, measured on a monthly basis, excluding scheduled maintenance. Current service status is available at https://status.everholdhq.com
6.9 Security Assessments
We understand that MSPs may need to conduct vendor due diligence. Upon request, we are happy to:
1. Complete industry-standard security questionnaires, including SIG Lite, CAIQ, or VSAQ
2. Provide documentation of our security practices
3. Answer specific security questions relevant to your compliance requirements
Please contact us at support@everholdhq.com to request security documentation.
7. Support
As part of your subscription, we provide support to help you get the most from the Service.
7.1 Support Channels
You can contact our support team through:
1. Our support ticketing system in product
2. Emaili at support@everholdhq.com
3. Scheduled calls with your account manager
7.2 Support Hours
Our support team is available Monday to Friday, 9am to 5pm Eastern Time (ET), excluding UK bank holidays and US federal holidays.
7.3 Response Targets
We aim to respond to support requests within the following timeframes during support hours:
1. Critical (Service unavailable or major outage affecting all users): Initial response within 4 hours
2. High (Major feature or workflow not functioning, significant impact on operations): Initial response within 8 hours
3. Normal (General questions, minor issues, feature requests): Initial response within 2 business days
These are target response times, not resolution times. Complex issues may take longer to resolve. We will keep you informed of progress on your support requests.
7.4 Your Responsibilities
To help us resolve issues efficiently, we ask that you:
1. Provide clear descriptions of issues, including steps to reproduce where possible
2. Respond promptly to requests for information
3. Designate authorised contacts who can raise and manage support requests
8. Intellectual Property
8.1 Our Property
We own all intellectual property rights in the Service, including the software, design, documentation, and any updates or improvements we make. Nothing in this Agreement transfers any of these rights to you.
8.2 Your Workflows
Workflows we create for you as part of our done-for-you service are licensed to you for use within the Service. You may not extract, copy, or use the underlying workflow logic or configurations outside of the Service without our written consent.
8.3 Feedback
If you provide us with suggestions, ideas, or feedback about the Service, we may use these without any obligation to compensate you.
9. Confidentiality
9.1 Confidential Information
"Confidential Information" means any information disclosed by one party to the other that is marked as confidential or that should reasonably be understood to be confidential. Your Customer Data is your Confidential Information.
9.2 Protection
Each party agrees to:
1. Keep the other party's Confidential Information confidential
2. Use at least the same degree of care to protect it as they use for their own confidential information
3. Only disclose it to employees and contractors who need to know it and who are bound by confidentiality obligations
9.3 Exceptions
These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is received from a third party without breach of any confidentiality obligation; or (d) is required to be disclosed by law.
10. Fees and Payment
10.1 Fees
You agree to pay the fees set out in your order form or as displayed on our website. All fees are quoted in pounds sterling unless otherwise stated.
10.2 Pricing and Fair Usage
Your pricing is grandfathered within your agreed consumption and tier limits. We will not increase your fees as long as your usage remains within these limits. If your usage grows beyond your agreed limits, or if we need to adjust pricing for other reasons, we will discuss this with you in advance and work together to find a fair solution.
10.3 Invoicing and Payment
We will invoice you in accordance with your order form. Payment is due within 30 days of the invoice date unless otherwise agreed. We may charge interest on late payments at the rate of 4% above the Bank of England base rate.
10.4 Taxes
All fees are exclusive of VAT and any other applicable taxes, which will be added to your invoice where required by law.
10.5 No Refunds
Fees are non-refundable except as expressly set out in this Agreement or as required by law.
10.6 Suspension for Non-Payment
If your account is more than 30 days overdue, we may suspend your access to the Service until payment is received. We will give you at least 7 days' notice before suspending your account.
11. Term and Termination
11.1 Term
This Agreement starts when you first access the Service and continues for the subscription period set out in your order form. Unless otherwise specified in your subscription setup, all subscriptions are month-to-month and can be cancelled with 30 days' written notice.
We believe in continuously earning your business. If you're not happy, we're not happy. We don't want to lock you into lengthy contracts — we'd rather keep you as a customer because you love what we do.
11.2 Termination for Breach
Either party may terminate this Agreement immediately if the other party:
1. Materially breaches this Agreement and fails to remedy the breach within 30 days of receiving written notice
2. Becomes insolvent, enters administration or liquidation, or ceases to operate
11.3 Effect of Termination
When this Agreement ends:
1. Your right to access the Service will end immediately
2. You must pay any outstanding fees
3.You may request a copy of your Customer Data within 30 days, which we will provide in CSV format. After this period, we may delete it
4. Each party must return or destroy the other party's Confidential Information
5. Our staff's access to your third-party integrations will be revoked
If you terminate this Agreement due to our material breach under Section 11.2, we will refund any prepaid fees for the unused portion of your subscription.
11.4 Survival
Sections that by their nature should survive termination will continue to apply, including sections on confidentiality, intellectual property, limitation of liability, and dispute resolution.
12. Warranties
12.1 Our Warranty
We warrant that the Service will perform substantially in accordance with our documentation. If it does not, your sole remedy is for us to use reasonable efforts to correct the problem, or if we cannot do so within a reasonable time, to terminate your subscription and refund any prepaid fees for the unused period.
12.2 Your Warranty
You warrant that: (a) you have the authority to enter into this Agreement; (b) you have all necessary rights in your Customer Data; and (c) your use of the Service will comply with all applicable laws.
12.3 Disclaimer
Except as expressly stated in this Agreement, we do not make any warranties about the Service, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement. The Service is provided "as is" and "as available".
We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We are not responsible for any third-party services or integrations you choose to connect to the Service.
12.4 Third-Party Integrations
The Service integrates with third-party applications and services. We are not responsible for the availability, accuracy, or performance of these third-party services, or for any changes they make to their APIs or functionality. If a third-party service fails or changes, we will use reasonable efforts to address the impact but cannot guarantee uninterrupted workflow operation.
13. Limitation of Liability
This section limits our liability to you. Please read it carefully.
13.1 Types of Loss We Exclude
To the maximum extent permitted by law, neither party will be liable for any:
1. Loss of profits, revenue, business, or anticipated savings
2. Loss of data (except as set out in Section 5)
3. Loss of goodwill or reputation
4. Indirect, special, incidental, or consequential losses
This applies even if the party was advised of the possibility of such losses.
13.2 Cap on Liability
Our total liability to you under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
13.3 What We Do Not Exclude
Nothing in this Agreement excludes or limits liability for:
1. Death or personal injury caused by negligence
2. Fraud or fraudulent misrepresentation
3. Any other liability that cannot be excluded or limited by law
13.4 Allocation of Risk
You acknowledge that the limitations in this section reflect a reasonable allocation of risk between the parties, and that without these limitations, the fees charged would be significantly higher.
14. Indemnification
14.1 Your Indemnity to Us
You agree to indemnify us against any claims, losses, or damages arising from: (a) your breach of this Agreement; (b) your Customer Data; or (c) your violation of any third party's rights or any applicable law.
14.2 Our Indemnity to You
We will indemnify you against claims that the Service infringes any UK intellectual property right, provided that: (a) you promptly notify us of the claim; (b) you give us control of the defence; and (c) you provide reasonable assistance. This indemnity does not apply if the claim arises from your modifications to the Service or your combination of the Service with third-party materials. Our liability under this Section 14.2 is subject to the cap set out in Section 13.2.
15. General Terms
15.1 Dispute Resolution
Before bringing any legal claim, both parties agree to first attempt to resolve disputes informally by contacting the other party and negotiating in good faith for at least 30 days. If the dispute cannot be resolved informally, either party may proceed under Section 15.2.
15.2 Governing Law
This Agreement is governed by English law. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
15.3 Assignment
You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of assets.
15.4 Entire Agreement
This Agreement, together with any order forms and our Data Processing Agreement, constitutes the entire agreement between us regarding the Service and supersedes all prior agreements and understandings.
15.5 Changes to Terms
We may update these terms from time to time to reflect changes in our Service, legal requirements, or business practices.
How we notify you: We will notify you of any changes by sending an email to the address associated with your account and/or by posting a notice within the Service. For material changes, we will give you at least 30 days' notice before the changes take effect.
Acceptance of changes: Your continued use of the Service after the updated terms take effect constitutes your acceptance of the new terms. If you do not agree to the updated terms, you must stop using the Service before the changes take effect and may terminate your subscription in accordance with Section 11.
Reviewing the terms: The current version of these terms will always be available at https://everholdhq.com/legal/triggr-terms. We recommend reviewing the terms periodically to stay informed of any updates.
15.6 Notices
Notices under this Agreement must be in writing and sent by email or first-class post. Notices to us should be sent to support@everholdhq.com or our registered office. Notices to you will be sent to the email address associated with your account.
15.7 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.8 Waiver
Our failure to enforce any right under this Agreement does not waive that right.
15.9 Force Majeure
Neither party will be liable for delays or failures in performance caused by circumstances beyond their reasonable control, including natural disasters, acts of government, internet or telecommunications failures, failure of third-party cloud hosting providers, or strikes.
15.10 Third Party Rights
This Agreement does not give any rights to third parties under the Contracts (Rights of Third Parties) Act 1999.
15.11 Independent Contractors
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
16. Contact Us
If you have any questions about these terms, please contact us at:
Phishr Limited (trading as Everhold)
71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
Email: support@everholdhq.com
Company Number: 14769135
