Enterprise Service Management Software

Terms & Conditions

Please read these terms and conditions carefully before using our service.



The parties referred to in this agreement shall be defined as follows:

A) company, us, we: the company, as the creator, operator, and publisher of the website, makes the website and certain services on it, available to users. ESM software inc, company, us, we, our, ours, and other first-person pronouns will refer to the company, as well as all employees and affiliates of the company.
B) you, the user, the client: you, as the user of the website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or a user or client. C) parties: collectively, the parties to this agreement (the company and you) will be referred to as parties.


These are the terms and conditions governing the use of this service and the agreement that operates between you and the company. These terms and conditions set out the rights and obligations of all users regarding the use of the service.

Your access to and use of the service is conditioned on your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users, and others who access or use the service.

By accessing or using the service you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions then you may not access the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the privacy policy of the company. Our privacy policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the application or the website and tells you about your privacy rights and how the law protects you. Please read our privacy policy carefully before using our service.

Acceptable use

You agree not to use the website or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or services in any way that could damage the website, services, or general business of the company.

a) you further agree not to use the website or services:
I) to harass, abuse, or threaten others or otherwise violate any person's legal rights;
Ii) to violate any intellectual property rights of the company or any third party;
Iii) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
Iv) to perpetrate any fraud;
V) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
Vi) to publish or distribute any obscene or defamatory material;
Vii) to publish or distribute any material that incites violence, hate, or discrimination towards any group;
Viii) to unlawfully gather information about others.

License and site access

The company may provide you with certain information as a result of your use of the website or services. Such information may include but is not limited to, documentation, data, or information developed by the company, and other materials which may assist in your use of the website or services ("Company materials"). Subject to this agreement, the company grants you a non-exclusive, limited, non-transferable, and revocable license to use the company materials solely in connection with your use of the website and services. The company materials may not be used for any other purpose, and this license terminates upon your cessation of use of the website or services or at the termination of this agreement.

Intellectual property

You agree that the website and all services provided by the company are the property of the company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company ip"). You agree that the company owns all rights, title, and interest in and to the company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or uniform resource locators (URLs), without express wrote permission from the company.

User obligations

As a user of the website or services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the website or services to further fraud or unlawful activity is grounds for immediate termination of this agreement.

Privacy information

Through your use of the website and services, you may provide us with certain information. By using the website or the services, you authorize the company to use your information in the united states and any other country where we may operate.

a) information we may collect or receive: when you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. Depending on how you use our website or services, we may also receive information from external applications that you use to access our website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
b) how we use information: we use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain aspects of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
c) how you can protect your information: if you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the company will still receive information about you that you have provided, such as your email address. If you choose to terminate your account, the company will store information about you for the following number of days: 30. After that time, it will be deleted.

Reverse engineering & security

You agree not to undertake any of the following actions:

a) reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website or services;
b)violate the security of the website or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network


You agree to defend and indemnify the company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the website or services, your breach of this agreement, or your conduct or actions. You agree that the company shall be able to select its own legal counsel and may participate in its own defense if the company wishes.

Spam policy

You are strictly prohibited from using the website or any of the company's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Links to other websites

Our service may contain links to third-party websites or services that are not owned or controlled by the company.

The company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the company shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Service interruptions

The company may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that the company shall have no liability for any damage or loss caused as a result of such downtime.


We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions. Upon termination, your right to use the service will cease immediately.

Limitation of liability

Notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provision of these terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service or 100 USD if you haven't purchased anything through the service.

To the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"As is" and "As available" disclaimer

You agree that your use of the website and services is at your sole and exclusive risk and that any services provided by us are on an "As is" basis. The company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The company makes no warranties that the website or services will meet your needs or that the website or services will be uninterrupted, error-free, or secure. The company also makes no warranties as to the reliability or accuracy of any information on the website or obtained through the services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the website or services is your sole responsibility and that the company is not liable for any such damage or loss.

General provisions

a) language: all communications made or notices given according to this agreement shall be in the English language.
b) jurisdiction, venue & choice of law: through your use of the website or services, you agree that the laws of the state of Illinois shall govern any matter or dispute relating to or arising out of this agreement, as well as any dispute of any kind that may arise between you and the company, except its conflict of law provisions. In case any litigation specifically permitted under this agreement is initiated, the parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: united states, Illinois. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
c) arbitration: in case of a dispute between the parties relating to or arising out of this agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: united states. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Illinois. Each party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The parties, in agreement with this sub-part of this agreement, waive any rights they may have to a jury trial regarding arbitral claims.
d) assignment: this agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the company, the rights and liabilities of the company will bind and inure to any assignees, administrators, successors, and executors.
e) severability: if any part or sub-part of this agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this agreement shall continue in full force.
f) no waiver: if we fail to enforce any provision of this agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) headings for convenience only: headings of parts and sub-parts under this agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this agreement.
h) no agency, partnership, or joint venture: no agency, partnership, or joint venture has been created between the parties as a result of this agreement. No party has any authority to bind the other to third parties.
I) force majeure: the company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

Contact us

If you have any questions about this privacy policy, you can contact us:

By email: info@esmsoftware.com

By visiting this page on our website: http://esmsoftware.com/contact-us/

By phone number: (312) 955-8161

Support is available between standard working hours.