THESE TERMS OF SERVICE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE COACHING TOOL AND OUR SERVICES. BY ACCESSING OR USING THE COACHING TOOL, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE COACHING TOOL OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE COACHING TOOL.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 9.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
NEWANCE has developed a coaching tool that aims to understand an employee’s personality traits and day-to-day experiences as they work (the “Coaching Tool” or the “Services”). The Coaching Tool is used to provide a service that aims to help you understand yourself and your colleagues while you work. The Service will involve: onboarding via a survey conducted on Google Forms; communications via a messaging app called Whatsapp and/or SMS; and access to an employees work calendar and private calendar notes via Google Calendar. You may use the Coaching Tool only if you are an employee of an eligible employer, and after you have registered and entered the required information into the Google Form (such employee, a “User”). In order to us the Coaching Tool, you will be required to enter your information into an onboarding form prepared by NEWANCE and published on Google Forms.
License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use the Coaching Tool solely for your own personal, noncommercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Coaching Tool, whether in whole or in part, or any content displayed on the Coaching Tool, Whatsapp, SMS, Google Calendar or Google Forms; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Coaching Tool; (c) you shall not access the Coaching Tool in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of the Coaching Tool may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Coaching Tool shall be subject to these Terms.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Coaching Tool (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Coaching Tool or any part thereof.