Thinaër Terms of Service
Last Updated: 8/5/2016
Welcome to Thinaër!
Thanks for using our Thinaër mobile app and website, and other products and services (collectively, the “Services”). The Services are provided by The Leadership Analytics Group LLC (“The Leadership Analytics Group” “we,” “our,” or “us”), located at 807 Tremont Drive, Downington, PA 19335, U.S.A.
By using our Services, you are agreeing to these terms. Please read them carefully. Sometimes additional terms or product requirements (including age requirements) may apply to our Services. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. By accessing Thinaër or using our Services, you intend and agree to be legally bound by this agreement.
1. USING OUR SERVICES
Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services, including the Thinaër name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not our own, for example, content belonging to your employer or other users. This content is the sole responsibility of the individual or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications, for example, by clicking on the “unsubscribe” link in certain e-mails. Please be aware that there may be a brief period before we are able to process your opt-out, but we will always respect your legal rights to opt out of receiving unwanted messages.
Some of our Services are available on mobile devices. Using some of our Services may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the Services.
2. YOUR Thinaër ACCOUNT
You may need an account in order to use some of our Services. Your account may be assigned to you by an administrator, such as your employer. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at info@Thinaër.io
3. PRIVACY AND FEEDBACK
4. CONTENT YOU SUBMIT
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content, unless you are using the Services through your employer. If you are using the Services through your employer, your employer may retain applicable intellectual property rights in the work-related content you submit.
When you upload or otherwise submit content to our Services, you or you, on behalf of your employer, give Thinaër (and those we work with) a royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You agree that you will not:
- Submit excessive or unsolicited commercial messages or spam any users
- Submit malicious content or viruses
- Solicit other people’s login information, credit card numbers, or other sensitive information
- Harass or bully other users
- Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence
- Violate laws relating to discrimination in the workplace or violate the privacy or intellectual property rights of others.
5. ABOUT SOFTWARE IN OUR SERVICES
When a Service requires or includes downloadable software (such as a mobile app), this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software we provide to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
6. MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.
7. OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THE LEADERSHIP ANALYTICS GROUP NOR ITS LICENSORS, SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
THE SERVICES MAY CONTAIN ERRORS AND DEFECTS.
8. LIABILITY FOR OUR SERVICES
WHEN PERMITTED BY LAW, THE LEADERSHIP ANALYTICS GROUP, AND OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE LEADERSHIP ANALYTICS GROUP, AND OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, THE LEADERSHIP ANALYTICS GROUP, AND ITS LICENSORS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
9. BUSINESS/EMPLOYER USES OF OUR SERVICES
If you are using our Services on behalf of a business or employer, that business or employer accepts these terms.
You hereby agree to indemnify, defend and hold harmless The Leadership Analytics Group, its affiliated companies, and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these terms, any content you provide through the Services, or your use or misuse of the Services. However, you will not be responsible for claims, damages and costs which are found by a court of competent jurisdiction to have arisen solely from our wrongful acts or omissions.
11. GENERAL PROVISIONS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly and the “Last Updated” date at the beginning of these terms. We’ll post notice of modifications to these terms on this page or notify you of modifications to these terms by e-mail or through the Services. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any additional terms for a Service, the additional terms will control for that conflict.
These terms control the relationship between The Leadership Analytics Group and you. They do not create any third party beneficiary rights. Other agreements may also control the relationship between your employer and us, and with respect to that particular relationship, such other agreements (if any) shall control in the event of any conflicts with these terms. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Philadelphia, Pennsylvania, U.S.A., and you and The Leadership Analytics Group consent to personal jurisdiction in those courts.
You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact The Leadership Analytics Group, please visit our contact page www.Thinaër.io.
12. THIRD PARTY TERMS
You agree that in addition to these terms, your use of our mobile app is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google Play’s terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile app or otherwise access the Services.
Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple, you and The Leadership Analytics Group acknowledge and agree to the following: This agreement is concluded between you and The Leadership Analytics Group only, and not with Apple Inc. (“Apple”). The Leadership Analytics Group, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be The Leadership Analytics Group’s sole responsibility. The Leadership Analytics Group, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third party beneficiary thereof.
Copyright © 2016 The Leadership Analytics Group, LLC.