emefa, LLC
Terms of Use | marshal
These Terms of use were last updated in July 2022
Please read the following Terms of Use carefully. They are important and represent a binding agreement between you and emefa. (Texas Limited Liability Company, Registration Number 0803527224) These Terms of Use govern your use of our website as a visitor and the use of our marshal Application which is a Software as a Service agreement (SaaS) when you take out a Subscription. This agreement covers the time from when you first visit our website use our iOS or Android app, the marshal Application, and the period you Subscribe to our Service.
What We Do
emefa developes and publishes productivity applications for web and mobile devices. The marshal Application combines tools used in running an Association or Group in one simple application.
Some of its features may include, but are not limited to, a shared calendar, group contact list, dues or payment collection tool, audio and video meetings, shared document and photo folders, Billboard-Announcement page, Billboard-Events page, and chat.
By visiting and browsing our website or mobile app, and when registering or paying for a subscription, you are consenting to these Terms of Use without modification, and agree you have read them. If you do not agree to be bound by these Terms of Use, you may not access or use the Site or Subscribe to our Application.
Your Information
To access this website and use some of the resources it offers, we may ask you to provide details or information to be able to register for or pay for our Subscription Service. It is a condition of use that all the information you give us is accurate and true and current. You acknowledge and agree that any information you give us to register is regulated by our Privacy Policy. You also agree to all actions we take concerning your information according to that Privacy Policy. Please read our Privacy Policy for more information on your or personal data.
Application and Service
Our marshal application is on a subscription basis and emefa grants you a license to use it. We charge the prices shown on the Site or displayed in the Application. You do not own the Application or the software to run it. However, you do own the Data or Content you input into the Application. The Site Visitor or Customer chooses a Subscription Plan and pays for it following the payment terms and the online payment process facilitated by Stripe Ltd. or BrainTree (a PayPal service).
Definitions
“Authorized Users” refer to members of the Subscriber’s group who are permitted to use the Application by the Subscriber.
The term “Charges” or “Payments” refer to the amounts payable by the Subscriber to emefa under or concerning the Agreement according to prices displayed in the Application or on the Website.
“Content” refers to the data or information inputted into marshal by the Subscriber relating to managing their Association or Group.
“Customer” refers to a Visitor to our Site who intends to subscribe or has a subscription plan for the use of our application.
“emefa ” refers to emefa the company that owns and runs this website and provides the application.
“marshal”, “marshal Application” or “Application” refers to our Subscription application which combines tools used in running an Association or Group in one simple application.
“Product” or “Products” refers to the items or Application displayed and available on our website using a subscription plan.
“SaaS” refers to Software as a Service, which is where software applications are not bought by the customer but is granted a license to use the application through the internet paid for by subscription.
“Service” or “Services” refer to the services of providing marshal or Services on this Website or to be provided by emefa to the Subscriber or Customer under this Agreement, including any Support Services.
“ Parties” refers to emefa and the Subscriber, user or Customer collectively.
“iOS app”, “iOS Application” refers to the marshal application available on the iOS platform.
“Android app”, “Android Application” refers to the marshal application available on the Android platform.
“Mobile app”, referes to the marshal application available on a mobile device, iOS or Android platform.
“Site” refers to emefa and or the marshal website https://www.portal.marshalapp.us.
“Subscription” refers to paying for the application using one of our payment plans.
“Subscribe” refers to the action of taking out a Subscription.
“Subscriber” refers to a user, visitor, customer or Association or Group who subscribe to the Service.
“Visitor” refers to anyone who visits or browses our Site.
“user”, “you”, and “your” refer to site visitors, customers, and any other users of the site.
“we”, “us”, and “our” refer to emefa.
This agreement is not subject to the ejusdem generis rule in the interpretation of the Agreement.
Using our Site
To access or use our Site, you must be 13 years of age or older and have the necessary power and authority to enter into these Terms of Use. Children or minors under the age of 13 are prohibited from registering or creating groups on marshal’s platforms. Information provided on the Site and related to Products for sale or their description or any other information is subject to change. emefa gives no guarantee that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. emefa disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
1. Term
1.1. The agreement for our marshal Application Subscription Service will continue indefinitely from the date you start paying the Subscription (Effective Date) until terminated by either party.
2. Payment and Charges
2.1. You agree to pay all costs and charges related to the Application you have ordered set out on our website and to use the appropriate payment facilities and secure processes presented on our Site operated by Stripe Ltd., and or BrainTree, and that you agree to read and comply with their Terms of Use relating to payments. Prices and costs may change from time to time in the normal course of business practice.
3. The Application Service
3.1. We will make the Service available to you by setting up an account for you to receive the Service and providing you with login details for that account as soon as practicable following receipt of payment for your Subscription.
3.2. Subject to the limitations set out below and the prohibitions set out in Clause 3.3. we grant you a non-exclusive license to use the Service for the Permitted Purpose during the Term.
3.3. The license granted by us to you under Clause 3.2. is subject to the following limitations:
(a) the Service may only be used by you, named users, authorized representatives, and members of your Association or Group providing that we may change, add or remove a user following this agreement.
(b) You agree to have your own rules of acceptable conduct and behavior for all the members of your group who must abide by them. Such rules should include but not be limited to, for example, not posting abusive or offensive content or material.
(c) You are responsible as the license holder for the marshal Application to make sure that your members and authorized representatives follow the rules of your Association or Group.
4. Support Services and Upgrades
4.1. During the Term of your Subscription, we will provide you with Support Services, and may apply Upgrades to the Service.
4.2. We may sub-contract the provision of any of our Support Services without obtaining your consent.
5. Download Availability
5.1. The application may be downloaded from
· iOS (Apple App Store)
· Android (Google Play Store)
· Our Website
6. Subscription Plans
6.1. We have three subscription plans the price and details of which are available on our Website or in the application. These plans are;
(a) Basic/Small (Up to 5 members + data storage)
(b) Standard/Medium (Up to 50 members + data storage)
(c) Premium/Large (Up to 150 members + data storage)
7. Subscription Process
7.1. You agree to follow our processes and procedures for taking out a Subscription on our Application.
7.2. Payment to emefa are made through the Application. Your payment amounts are based on
(a) The Plan selected.
(b) The Data storage size.
7.3. You can pay for the Product using a credit or debit card or other options may also be available such as Google Pay, Apple Pay, Venmo, or PayPal at our discretion. You agree and acknowledge that placing an order means you are obliged to pay for the subscription. After payment is received you will get confirmation that your order has been received, and confirmation that payment has been received.
8. Accounts
8.1. To use our Site and the marshal Application, you may be required to provide information about yourself including your name, email address, username, and password, and other personal information. You agree that any registration information you give will always be accurate, correct, and up to date. You must not impersonate someone else, provide account information or an email address other than your own, or you must be an authorized person to create the account for your group or association. You must not use your account for any illegal or unauthorized purpose. You must not, when using our Site, violate any laws in your jurisdiction. Please read our Privacy Policy for more information about your personal data.
8.2. You agree to allow us to collect and use your Usage Data, the number of users in your group data, and enabled features data for reasonable business purposes, to operate the Service and for your benefit. If we wish to disclose the Usage Data or any part of it to a third party, either during the Subscription Term or after, such data will be anonymized so that it will not identify you or your Authorized Users.
9. Non- payment of Subscription
9.1. After the beta period, if you do not pay your subscription on the due payment date your group will be set as “Read-Only” after 15 days of non-payment.
9.2. After the beta period, your group will be in “Read-Only” mode for 30 days and then set as access denied.
9.3. After the beta period, groups in “denied” status will be archived after 30 days of inactivity and purged from our servers after 180 days of inactivity.
10. Invoices
10.1. You agree to receive sales invoices electronically if applicable.
11. Lawful Purposes
11.1. You may use our Site and applications for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or applications. You agree to use the Site and applications, and to purchase marshal through the Site or applications for legitimate purposes only. You shall not post or transmit any material on the site or use the marshal Application in a way that violates or infringes the rights of others. Or which is threatening, abusive, racist, sexist, discriminatory, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any Federal or State’s law.
11.2. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that may apply to the use of the Website, Service, or Application.
12. Site refusal
12.1. Our Subscription service is displayed and available subject to acceptance of your order or requests. We reserve the right to refuse any order, person, or entity, without having to give a reason for doing so. Orders cannot be accepted until payment has been processed and received. We may at any time change or discontinue any aspect or feature of the marshal Application or this Site, subject to us fulfilling our previous responsibilities. Please note that acceptance of your offer to subscribe is only made when the application is made active for your use.
13. Refunds
13.1. All sales are final and you will not be issued a refund after you purchase our product. We will provide you access to the application for the duration of your purchased plan.
13.2. There may be other express and implied terms, Texas State or Federal laws that apply to returning products and concern your consumer rights in general which may give you additional rights in some cases.
14. Product and Service Description
14.1. We try to describe our Services as accurately as possible on our website. While we want to be as clear as possible, you should not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order or Subscription with an incorrect price listing.
14.2. Unless stated in this agreement or by law, we make no warranties, express or implied, and hereby disclaim all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose concerning the marshal Application or Service.
15. Intellectual Property Rights
15.1. Our Site contains intellectual property owned by emefa including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site Content or Application intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site, without refund or terminate your Subscription if you are caught violating this intellectual property policy.
15.2. Users or any other third party may not use our trademarks in connection with any Products or Applications in any way that may confuse customers or the public at large or in any way that harms emefa or their reputation or standing. Any other trademarks not owned by us belong to partners or affiliates associated with emefa and their ownership rights must be respected.
15.3. You grant us during the Term a non-exclusive license to store, copy, and otherwise use your Data on the Service to operate the Service, providing the Services, fulfilling our other obligations under the Agreement, and exercising its rights under the Agreement.
15.4. Subject to Clause 15.1, all Intellectual Property Rights in your Data will remain your property except to the extent mandated by applicable law or expressly permitted in the Agreement. The license granted by us to you under this Clause 15 is subject to the following prohibitions
(a) you must not sub-license your right to access and use the Application or allow any unauthorized person to access or use the Service;
(b) you must not alter or adapt or edit the Application unless expressly permitted by us or the Documentation.
15.5. For the avoidance of doubt, you have no right to access the object code or source code of the Service, either during or after the Term.
15.6. All Intellectual Property Rights in the Service shall, as between the parties, be exclusive property.
15.7. You must use all reasonable endeavors to ensure that no unauthorized person will or could access the Service using your account.
15.8. You must not use the Service in any way that causes, or may cause, damage to the Application or impairment of the availability or accessibility of the Service, or any of the areas of the Service.
15.9. You must not use the Service: in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
15.10. You agree that your Data, and its use following the terms of this Agreement, will not:
(a) breach any laws, statutes, regulations, or legally-binding codes;
(b) infringe any person's Intellectual Property Rights or other legal rights; or
(c) give rise to any cause of action against emefa or the Subscriber or any third party, in each case in the United States and under Federal and Texas State law.
15.11. Where we reasonably suspect that you have breached the provisions of this Clause 15 we may:
(a) delete or amend the relevant Subscriber Data; and/or
(b) suspend any or all of the Services and or your access to the Service while we investigate the matter.
15.12. Any breach by you of this Clause 15 will be deemed to be a material breach of the Agreement.
15.13. We shall ensure that your Data stored and processed by us for the Service are stored separately from, and are not co-mingled with, the materials of any of our other Subscribers or Customers.
16. Data Protection.
16.1. We acknowledge that we may have access to certain information and personal data which you have given us or, for example, via cookies for the purposes set out in this Agreement to run and operate the Service and provide the marshal Application. If any data is made available or accessible to emefa, its employees, agents or contractors about your Association or Group, or financial affairs, or to your projects or transactions, we will not store, copy, analyze, monitor, or otherwise use that data except for the purposes set out in this Agreement for your benefit. We will comply fully with all applicable laws, regulations, and government orders relating to personally identifiable information (“PII”) and data privacy concerning any such data that we receive or have access to under these Terms of Use or in connection with the performance of any Services. We will otherwise protect PII and will not use, disclose, or transfer across borders such PII except as necessary to perform under these Terms of Use or as authorized by the data subject or following applicable law. To the extent that we receive PII related to the performance of the Service, we will protect your privacy and legal rights. More information about our responsibilities toward your data protection and privacy can be found in our Privacy Policy.
16.2. For the avoidance of doubt, we do not monitor or access any user data or Content you or your members have inputted into the Application except we may monitor your data use or storage for billing purposes, the number of users in your group, and which features you have enabled. This does not include personal data and is strictly to operate the Service.
16.3. Subject to Clauses 3.3, 11.1, and 15.9. Members of each group are responsible for self-monitoring their group, therefore, we are not responsible for the content whatsoever.
16.4. If it is found that you or any members of your group have breached data protection laws or have violated these Terms of Use or broken any Federal or State laws or where there have been cases of abuse discovered, we will comply with the relevant authorities regarding such matters if applicable.
17. Termination
17.1. You agree that we can terminate your use or access to this Site and the marshal Application at any time without notice if you violate any of these Terms of Use. This agreement can be terminated at any time for any reason by mutual agreement.
17.2. Either party may terminate the Agreement immediately by giving written notice to the other party if the other party:
(a) commits any material breach of any term of the Agreement, and:
(b) the breach is not remediable; or
(c) the breach is remediable, but the other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so; or
(d) persistently breaches the terms of the Agreement (irrespective of whether such breaches collectively constitute a material breach).
17.3. You may terminate this agreement for any reason by giving 30 days’ notice to us.
17.4. We may terminate this agreement with immediate effect by delivering notice of the termination to you if you fail to pay the due Subscription Fee amount within 30 days.
17.5. You must pay us all amounts outstanding from the date of, and any amounts outstanding as a result of, termination immediately.
17.6. You must stop using the Service upon the effective date of the termination.
17.7. You will have 30 days from the date of termination to retrieve any personal data you want to keep.
17.8. The parties agree that the terms relating to your payment obligations, indemnity, privacy, and general liability in this contract will survive the termination to the extent necessary for the enforcement of the parties' rights and obligations.
18. General Liability
18.1. Nothing in the Agreement will:
(a) limit or exclude the liability of a party for death or personal injury resulting from negligence;
(b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
(c) limit any liability of a party in any way that is not permitted under applicable law; or
(d) exclude any liability of a party that may not be excluded under applicable law.
18.2. The limitations and exclusions of liability set out in this Clause 18 and elsewhere in the Agreement govern all liabilities arising under the Agreement or any collateral contract or concerning the subject matter of the Agreement or any collateral contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, including, but not limited to breach of Confidentiality and Data Protection breach.
18.3. We will not be liable in respect of any loss of profits, income, revenue, use, production, or anticipated savings or earnings.
18.4. We will not be liable for any loss of business, contracts, or commercial opportunities.
18.5. We will not be liable for any loss of or damage to goodwill or reputation.
18.6. We will not be liable in respect of any loss or corruption of any data, database, or software.
18.7. We will not be liable for any data breach or data protection losses that were contributed to or caused by you.
18.8. We will not be liable in respect of any third party or any sites on the Internet that are linked through the Service. We may provide links and access to third parties only as a matter of convenience, and in no event shall We be responsible for any advice, content, products, or other materials or Content on or available from such companies or sites.
18.9. Neither party will be liable for any losses arising out of a Force Majeure.
18.10. Our liability concerning any event or series of related events will not exceed the total amount paid and payable by you to us under the Agreement during a 12 month period immediately preceding the event or events giving rise to the claim.
18.11. You agree that in no way will we be liable for direct, indirect, incidental, consequential, or any other remedies as a result of using our Service or Application or by any other third parties. Additionally, emefa is not liable for damages or remedies for website failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of, or unauthorized access or alteration or use of your information or personal data, whether we were negligent or not. This applies even if emefa has been advised of the possibility of something or could have foreseen loss or damage.
18.12. Neither party's liability under this agreement will exceed the Subscription fees paid by or under this agreement during the 12 months preceding the date upon which the related claim arose. We are not liable for any delay or failure to comply with our obligations connected with the marshal Application or this Site if the delay or failure was beyond our reasonable control.
18.13. Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen before entering into this agreement.
18.14. Complex software is never wholly free from defects, errors, and bugs, and we give no warranty or representation that the Service will be wholly free from such defects, errors, or bugs.
19. Third-Party Links
19.1. Our Site contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with emefa. You acknowledge sole responsibility for, and assume all risk arising from your use of any such websites or resources.
20. Right to take action
20.1. If we do not take action because you have broken a clause in these Terms of Use it does not mean that we will not be able to use our rights in any other situation where you breach these Terms of Use or other legal responsibilities or duties you have to us.
20.2. Nothing in this contract can be construed or interpreted that either party gives up their rights to State Sovereign immunity. This contract will not be construed in any part as a waiver of either parties’ rights, privileges, defenses, remedies, or immunities available in the State of Texas.
21. Indemnification
21.1. You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms of Use, or any use by you of the Site or Application. You will provide us with any help that we might ask for in connection with any such defense without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defense without our previous written permission.
22. Notices
22.1. All notices, requests, demands, and other communications under this Agreement must be in writing and sent by email or post to:
Email: contact.marshal@emefa.us
Address: 9900 Spectrum Drive, Austin TX 78717-4555
23. Entire Agreement
23.1. These Terms of Use, including our Privacy Policy and any attachments are the whole agreement between emefa and you, and cancels all other verbal or written understandings concerning this agreement, that were made outside this agreement. emefa is not liable for any misrepresentations made before and outside this agreement.
24. Change of Terms
24.1. We may at any time change these Terms of Use. Such amendments are effective from the time we post the new Terms of Use on this Site and send you a link via the application or email. Any use of the Site by you after these Terms have been posted means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms of Use, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Use. We advise you to check these Terms of Use at regular intervals.
25. Reliance on these Terms.
25.1. We intend to rely on these written Terms and any document expressly referred to in them about the subject matter of any agreement between us. We and you will be legally bound by these Terms.
26. Headings
26.1. The subject headings of the paragraphs and subparagraphs of this contract are included for convenience only. They do not affect the construction or interpretation of any of its provisions.
27. Force Majeure
27.1. Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. Examples of such events and circumstances, include fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotions, acts of terrorism or war.
27.2. A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;
(a) must notify the other; and
(b) will inform the other of the period for which it is estimated that such failure or delay will continue.
(c) the affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
28. Severability
28.1. If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.
29. Assignment
29.1. This agreement or any clause in this agreement cannot be assigned, delegated, sub-licensed, or transferred by you unless we have given you written permission.
30. Governing law
30.1. You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the laws of the State of Texas, United States, without regard to its conflict of laws rules. You also agree that Texas courts have exclusive jurisdiction in English except for negotiation adjudication and mediation resolution described in clause 31.1. below.
31. Dispute Resolution
31.1. Any dispute relating to this Agreement, which cannot be resolved by negotiation between the parties may within 14 days of either party giving notice to the other party that a dispute has arisen, may be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. The initial Mediation cost only is to be shared equally between the parties. However, this does not cancel out clause 32 below which applies to all other legal costs. Failing settlement of that dispute within 14 days, the dispute shall be submitted by any party for a final decision to a Texas court which will have exclusive jurisdiction subject to clause 30.1 above.
32. Recovery of Legal Costs
32.1. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable lawyer’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled to.
member-to-group payments
Soon, group members can send money to their groups through marshal.