Terms of Service

1. Introduction

Welcome to EasyGating, a service provided by Call Me Fred – adsyme Ltd ("we," "us," or "our"), registered in the United Kingdom under company number 08301982. By accessing or using our services, including the EasyGating platform, you ("User" or "you") agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please refrain from using our services.

2. Service Description

The EasyGating platform enables users to create content gates to collect visitor information, manage submissions, and grow their audience. Users can implement content gating on their websites to require email submission before visitors can access premium content.

3. Purchase of Services

3.1 Refund Policy

All purchases of Lifetime Access are final. Since we provide a comprehensive free trial period with no commitment and no credit card required, payments cannot be refunded, exchanged, or transferred to another user. For full details, please refer to our Refund Policy.

3.2 Pricing

Prices for services and subscription plans are determined by EasyGating and are subject to change at our discretion. All prices are listed excluding VAT/sales tax, which will be added where applicable, in compliance with the Electronic Commerce (EC Directive) Regulations 2002.

3.3 Payment Processing

Payments are processed through our Merchant of Record (MoR), Paddle. By making a purchase, you agree to comply with Paddle's terms and conditions. Paddle acts as the seller of record for all transactions.

3.4 Lifetime Access

Lifetime Access grants you unlimited use of the EasyGating platform for as long as the service remains operational. There are no recurring fees or renewal charges.

4. Service Delivery

All services are delivered digitally through our web platform. Access to your account and features is provided immediately upon successful payment processing. You are responsible for maintaining the security of your account credentials.

5. Customer Support

For inquiries or issues related to our services, including questions about your account, purchases, or technical assistance, please contact our customer support team via email at [email protected].

6. Jurisdiction and Governing Law

These Terms are governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from or relating to these Terms will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

7. Changes to Terms

EasyGating reserves the right to update or modify these Terms at any time. We will notify users of any significant changes by posting the updated Terms on our website or by sending a notice via email. Your continued use of the service after such changes constitutes your acceptance of the new Terms.

8. Termination

We reserve the right to terminate or suspend your access to the EasyGating service at our discretion, without prior notice, for any reason, including but not limited to violations of these Terms or engagement in fraudulent, abusive, or unlawful activities.

9. Privacy and Data Protection

Your use of the service is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review the Privacy Policy to understand our data practices. We comply with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). You have rights regarding your personal data, including access, correction, and deletion. For more information, refer to our Privacy Policy.

10. User Responsibilities and Conduct

When using our services, you agree to:

• Compliance: Adhere to all applicable laws and regulations, including those related to data protection, intellectual property, and online safety.
• Prohibited Activities: Refrain from engaging in activities that are harmful, fraudulent, or violate the rights of others. This includes the distribution of illegal content, harassment, and unauthorized access to our systems.
• Content Standards: Ensure that any content you create or gate does not infringe on the intellectual property rights of others and complies with our content guidelines.
• Responsible Data Collection: When collecting visitor information through content gates, you must comply with all applicable data protection laws and regulations.

10A. Data Collection and GDPR Compliance

As a user of EasyGating, you act as a Data Controller for any personal data you collect through content gates on your website. You are solely responsible for ensuring compliance with all applicable data protection laws, including but not limited to:

10A.1 UK GDPR and Data Protection Act 2018

You must comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 when collecting, processing, storing, and using email addresses and other personal data obtained through EasyGating. This includes, but is not limited to:

• Lawful Basis for Processing: Ensure you have a valid legal basis for collecting and processing personal data (e.g., consent, legitimate interests, or contractual necessity).
• Transparent Privacy Notice: Provide clear and accessible information to data subjects about how their data will be used, stored, and shared. This must be presented before or at the time of data collection.
• Purpose Limitation: Only use collected email addresses for the purposes explicitly stated to data subjects at the time of collection.
• Data Minimization: Collect only the personal data that is necessary for your stated purposes.
• Data Security: Implement appropriate technical and organizational measures to protect collected data against unauthorized access, loss, or breach.

10A.2 Marketing Communications and Consent

If you intend to use collected email addresses for marketing purposes, including newsletters, promotional emails, or other communications, you must:

• Obtain Explicit Consent: Obtain clear, affirmative consent from individuals before sending marketing communications. Pre-ticked boxes or implied consent do not satisfy GDPR requirements.
• Comply with PECR: Adhere to the Privacy and Electronic Communications Regulations (PECR) 2003, which governs electronic marketing in the UK.
• Provide Opt-Out Mechanism: Include a clear, easy-to-use unsubscribe option in every marketing email you send. You must honor unsubscribe requests promptly (within 30 days as required by law, though best practice is within 48 hours).
• Maintain Consent Records: Keep records demonstrating when and how consent was obtained from each data subject.
• Respect Withdrawal of Consent: Allow data subjects to withdraw consent at any time and cease processing their data for marketing purposes immediately upon request.

10A.3 Data Subject Rights

You must respect and facilitate the exercise of data subject rights under UK GDPR, including:

• Right of Access: Provide individuals with access to their personal data upon request.
• Right to Rectification: Correct inaccurate or incomplete personal data when requested.
• Right to Erasure ("Right to Be Forgotten"): Delete personal data upon request, unless you have a legitimate legal reason to retain it.
• Right to Object: Cease processing personal data when an individual objects, particularly for direct marketing purposes.
• Right to Data Portability: Provide individuals with their data in a structured, commonly used, machine-readable format upon request.
• Right to Restrict Processing: Temporarily halt processing of personal data in certain circumstances when requested.

You must respond to data subject requests within one month of receipt, as required by UK GDPR.

10A.4 Data Retention and Deletion

You must establish and implement appropriate data retention policies. Personal data should not be kept longer than necessary for the purposes for which it was collected. You must securely delete or anonymize personal data when it is no longer needed or when requested by a data subject (subject to legal retention requirements).

10A.5 International Data Transfers

If you transfer collected personal data outside the United Kingdom or European Economic Area (EEA), you must ensure adequate safeguards are in place, such as Standard Contractual Clauses (SCCs) approved by the Information Commissioner's Office (ICO) or transfers to countries with adequacy decisions.

10A.6 Data Breach Notification

In the event of a personal data breach involving data you collected through EasyGating, you are responsible for:

• Notifying the Information Commissioner's Office (ICO) within 72 hours if the breach poses a risk to individuals' rights and freedoms
• Informing affected individuals without undue delay if the breach poses a high risk to their rights and freedoms
• Maintaining records of all data breaches, regardless of whether notification was required

10A.7 Your Liability

10A.8 Best Practices

We recommend the following best practices for responsible data collection:

• Clearly display your privacy policy and link to it prominently on your content gates
• Be transparent about what data you collect and why
• Only send emails that provide value to your subscribers
• Make it easy for people to unsubscribe from your mailing list
• Regularly audit your subscriber list and remove inactive or bounced email addresses
• Keep your data secure with encryption and access controls
• Consider consulting with a data protection officer or legal advisor if you handle large volumes of personal data

10A.9 Further Resources

For more information on your data protection obligations, please visit the Information Commissioner's Office (ICO) website at https://ico.org.uk/ or contact their helpline at 0303 123 1113.

11. Intellectual Property

11.1 User Content

By using our service to create content gates, you affirm that you have the necessary rights and permissions for any material you use. You retain ownership of any original content you create, provided it does not infringe on third-party rights.

11.2 Platform Content

All content, features, and functionality of the EasyGating platform, including but not limited to text, graphics, logos, and software, are owned by Call Me Fred / adsyme Ltd and are protected by UK and international copyright, trademark, and other intellectual property laws.

11.3 Third-Party Content

We are committed to respecting intellectual property rights and comply with current UK copyright laws. Any use of third-party content is conducted under applicable legal frameworks.

12. Service Security and Updates

We are committed to maintaining the security of our services. This includes:

• Security Measures: Implementing appropriate technical and organizational measures to protect against unauthorized access, data breaches, and other security threats.
• Updates: Regularly updating our platform to address security vulnerabilities and improve functionality. Users are responsible for ensuring they use the latest version of our services.

13. Limitation of Liability

To the maximum extent permitted by law, EasyGating and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

14. Enforcement and Dispute Resolution

We are committed to resolving disputes fairly and transparently:

• Internal Resolution: Users are encouraged to contact our customer support team to resolve any issues or disputes.
• Alternative Dispute Resolution (ADR): If a resolution cannot be reached internally, we may suggest ADR methods, such as mediation, in accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.
• Regulatory Compliance: We comply with the enforcement powers of regulatory bodies, including the Competition and Markets Authority (CMA), and acknowledge that non-compliance with consumer protection laws can result in significant penalties.

15. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us:

16. Acceptance of Terms

By using EasyGating, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree with these Terms, please do not use our service.