Terms of Service

1.  Who these terms apply to

These terms apply to anyone using exclaimer.com (the Site) or the Exclaimer Partner Portal at partners.exclaimer.com (the Portal). Together we refer to both as our websites.

Both websites are for business use only. By using them, you confirm that you are acting on behalf of a business, company, or other legal entity — not as a consumer — and that you have authority to bind that organisation to these terms. Where we say you, we mean both you personally and the organisation on whose behalf you are acting.

If you are a partner accessing the Portal, these terms apply to you alongside your Partner Agreement with Exclaimer. If there is a conflict between these terms and your Partner Agreement on a matter specific to the partner relationship, the Partner Agreement takes precedence.

There are other terms and policies that sit alongside these. If you trial or subscribe to our product, our Terms of Service apply. How we handle your personal data is covered in our relevant privacy notices. What you can and cannot do on our websites is set out in more detail in our Acceptable Use Policy. All of these can be found on our Legal Hub.

 

2.  Who we are

Exclaimer Ltd operates both websites on behalf of itself and the wider Exclaimer group of companies. Exclaimer Ltd is registered in England and Wales under company number 04938619. Our registered office is 3rd Floor, 250 Fowler Avenue, Farnborough, Hampshire, GU14 7JP. VAT number GB 258283380.

If you have questions about these terms: [email protected].

3.  Accessing our platforms

We make the Site available free of charge. Access to the Portal requires a valid partner account. We reserve the right to change, suspend, or withdraw access to either website at any time.  We will try to give advance notice where practicable, but we cannot always do so.

We aim for both websites to be available and up-to-date, but we do not guarantee uninterrupted access or that all content is current at any given moment. We are not liable for any loss caused by unavailability or reliance on content.

 

4.  Your account

If you are given login credentials for either website – whether you choose them or we assign them to you – you must keep them confidential. Do not share them with anyone who is not authorised to use the account.

You are responsible for everything that happens under your account. If you know or suspect that your credentials have been compromised, tell us straight away at [email protected] and change your password immediately.

Without amending or restricting the rights in our Terms of Service where applicable, we can disable any account at any time if we reasonably believe it is been misused or if you have breached these terms.

5.  How you may use our platforms

You may use our websites for lawful business purposes in connection with evaluating, purchasing, or managing Exclaimer’s products and services, or – if you are a partner – reselling or supporting them. You may download content that we have made explicitly available for download, provided that you do not remove any proprietary notices and do not use it for any purpose other than its intended business use.

Beyond that, the detail of what is and is not permitted - including rules around scraping, security testing, automated access, and prohibited content - is in our Acceptable Use Policy. The Acceptable Use Policy forms part of these terms.

 

6.  Our content and intellectual property

Everything in or on our websites - text, graphics, logos, code, design, trademarks, and all other content - belongs to Exclaimer Ltd or is used under licence. Nothing in these terms gives you any right to use our intellectual property other than as expressly permitted in these terms or our Terms of Service – or if you are a Partner, your Partner Agreement with Exclaimer.

In particular, you must not copy, republish, frame, scrape, or commercially exploit any content from our platforms without our prior written consent. Our trademarks – including the Exclaimer name and logo – may not be used without our approval.

Where we provide partner marketing materials, co-branded assets, or other content through the Portal for partners to use, any such use is subject to any brand guidelines we provide to you and the terms of your Partner Agreement. Using those materials does not give you any ownership rights or other interest in our intellectual property.

If you print, download, or save content from either website, your right to use it stops immediately if you breach these terms, and you must delete any copies you have made.

 

Our platforms may contain links to third-party websites.  These are provided for your convenience. We do not control those sites and we are not responsible for their content, accuracy, or privacy practices. A link does not mean we endorse the linked site.

If you want to link to our Site, you may link to the home page provided: the link is honest; is not placed close to any inappropriate or illegal text, image or content; does not suggest an association or endorsement that does not exist; and, is not placed on a site you do not own or control. You must not frame our Site within another site. Anything beyond a basic home page link needs our written consent.

You may not link to our Portal.

8.  Our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited by law.

Subject to that:

•       The content on our platforms is provided for general information only and is not advice. Do not rely on it without taking independent professional guidance.

•       We exclude all implied conditions, warranties, and representations to the fullest extent permitted by law.

•       We are not liable for any indirect, consequential, or economic loss — including lost profits, revenue, data, goodwill, or business opportunity — arising from your use of our websites.

•       Our total liability to you under or in connection with these terms is limited to £10.

 

These platforms are for business users only. We have no liability to anyone using them for personal or consumer purposes.

 

9.  Your data

How we handle personal data collected through our platforms is set out in our applicable privacy notices and our Cookie Policy.  These are available on our Legal Hub . Please read them.

 

10.  Changes to these terms

We update these terms from time to time. The current version is always at www.exclaimer.com/legal/website-terms-and-conditions. Your continued use of our websites after a change is posted means you accept the updated terms. If you do not agree, stop using the platforms and let us know.

 

11.  Governing law

These terms are governed by the laws of England and Wales. Any disputes, claims, actions or other proceedings arising under or in relation to them – including non-contractual disputes and claims – will be subject to the exclusive jurisdiction of the Courts of England and Wales.

 

Partner Portal — Additional Terms

These additional terms apply to partners accessing the Portal. They supplement the main website terms of use set out above.

 

Credentialed access and account security

Portal access is granted to named partner organisations that have a current Partner Agreement with Exclaimer. Access is not transferable to other organisations. You must ensure that only authorised individuals within your organisation use your Portal credentials, and that those individuals are aware of and comply with these terms.

If your partnership with Exclaimer ends, your Portal access will be revoked. You must immediately stop using any materials, data, or content accessed through the Portal that are subject to confidentiality obligations under your Partner Agreement.

Confidentiality of Portal content

Content made available to you in the Portal is confidential – this may include content relating to pricing, deal registration data, product roadmap information, pipeline reports, and non-public marketing materials. You must treat all such content as confidential in accordance with your Partner Agreement and must not disclose it to any third party (including prospect and customers unless specifically permitted) without our prior written consent.

The fact that content is accessible in the Portal does not make it public. If you are unsure whether something can be shared externally, ask us first.

Use of partner materials

We may make co-branded assets, sales collateral, and other materials available through the Portal for use in your sales, marketing and customer management activities. Use of those materials is subject to:

•       the terms of your Partner Agreement.

•       Any brand guidelines we make available to you (through the Portal or otherwise).

•       Any specific usage instructions accompanying the materials.

You may use partner materials only to promote and sell Exclaimer’s products and services within the scope of your Partner Agreement. You must not modify Exclaimer branding, combine it with content that would damage Exclaimer’s reputation, or use it after your partnership ends.

Deal registration and pipeline data

Deal registration and pipeline data you enter into the Portal is subject to the terms of your Partner Agreement and our Partner Code of Conduct . You must ensure any data you submit is accurate and up to date. Do not use the Portal to register deals that fall outside the scope of your Partner Agreement or your authorised territory.

Access credentials

You are responsible for the actions of every individual who accesses the Portal using your credentials. A breach of these terms using your credentials is treated as a breach by you. We may suspend Portal access for your organisation if we reasonably believe a breach has occurred while we investigate.  Any such suspension or investigation shall be without prejudice to any right to terminate your access or any other right or remedy that we have under your Partner Agreement with us.