Last update: October 17th, 2023
PLEASE READ THIS DOCUMENT CAREFULLY
1. Introduction and Definitions
First of all, thank you for using TeamCoachr, a product owned by the company Digleefy AS.
1.1 This document sets out the terms for use of the TeamCoachr software and website (from now referred to as the “Services” or “TeamCoachr Platform”). It governs how TeamCoachr (sometimes referred to as “us”, “we” or “our”) provide our Services to Customers and Users. When we talk about Customers and Users we might also refer to “You” or “Your”.
1.4 By accepting the Terms when purchasing and/or subscribing for the Services you receive a non-exclusive, non-transferable, revocable and limited in time right to use the Services with the functionality and limits included in your chosen Plan, hereinafter defined as a “License”.
1.5 By using our Platform in any manner You are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or You do not wish to be bound by these Terms, you must not use or access our Services in any manner.
“Agreement” - Refers to this agreement.
“Account” means the account you create using an email to access the Service
“User” is a person who is using the Services, either by creating an Account or participating as a Participant.
“Participant” means the individuals who participate in a team module or as a part of the team developed in the TeamCoachr Platform.
“Team module” means the team training sessions or activities created with the Services.
“You” - We refer to you as a User.
“Organization” means a business or other organization purchasing Licenses.
“Plan” means the version of the Services you pay for. Different versions included different features or limits described here: https://www.digleefy.no/prices/
“Free Plan” means the Plan where You use the Services without paying for the Service, and where you are not part of an Organizational Plan.
“License” - means the license granted to you as described in section 1.4 in this Agreement.
“Services” - means all services provided by TeamCoachr.
“Digleefy” is the company Digleefy AS who owns all rights to the product TeamCochr.
“Personality Test” is a test based on the five factor model of personality (also known as Big-5).
“Pulse survey” is a questionnaire that measures team engagement while using TeamCoachr.
2. Age of Access
2.1. You must be over the age of 13 years (or above the relevant age of consent in your country) to use the Platform and purchase License.
2.2. Other age restrictions might be imposed from the Organization using the Services
3. Code of Conduct
3.1 We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves using our Services. These rules are all referred to as our “Code of Conduct.”
No Illegal Activity: This is about as simple as it gets. Do not use the Services for any illegal activity. Period. You are not allowed to use our Services to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
No Exploitation: You will not use the Services to try to gather personal information on anyone.
No Impersonation of Digleefy or its employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Digleefy. You will not impersonate Digleefy or any of its employees.
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
No Use Other Than Intended: You may not use the Services or any content contained on the Platform for any purposes other than intended
If You violate this Code of Conduct we reserve the right to remove You from the Services. Whether conduct violates our Code of Conduct will be determined in Digleefy’s sole discretion.
5. Intellectual Property
In operating our Platform, it’s important for us to make it clear who owns what.
5.1 Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "TeamCoachr Content", and is and remains the sole property of Digleefy. TeamCoachr Content, including our trademarks, may not be modified by You in any way.
5.3 As we asks others to respect our intellectual property rights, we respects the intellectual property rights of others. If you believe that material located on or linked to by TeamCoachr violates your copyright, you are encouraged to notify Digleefy by email at email@example.com. Digleefy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Digleefy or others, Digleefy may, in its discretion, terminate or deny access to and use of the Services.
6. Digleefy’s General Rights In Operating Its Platform
6.1 Digleefy reserves the following rights over the entire TeamCoachr Platform: Digleefy may modify, terminate, or refuse to provide Digleefy Services at any time due to business considerations or other reasons, without notice. Digleefy may remove anyone from the TeamCoachr Platform at any time for any reason, solely in Digleefy’s discretion. This right is not modified by any other section of this Agreement.
7. Charges and Payment
7.1 The pricing plans available for the Service are available at the pricing page of Digleefy.no/prices. All prices are exclusive of VAT, other taxes and potential tolls or import/export fees. We reserve the right to change the pricing and or the offering of each plan at our sole discretion. Your rights and obligations with respect to certain part of our Services will be based in part on the pricing plan you choose.
7.2 When you purchase Services (each such purchase, a “Subscription”), you expressly authorize us or our third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us.
7.3 All pricing plans involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options you choose, those fees may recur each month, or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change.
7.4 You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription periond at the time of cancellation.
7.5 Subscription Fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto.
7.6 In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.
7.7 Accounts are individual, meaning that one Account can only be used by one person and you agree not to permit any other person to your Account.
8. Limitations of Liability
In running the Platform, we require that You understand and agree that Digleefy is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Digleefy doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Digleefy will be limited to a portion of the fees You have paid us. Our limitations of liability are as follows:
8.1 You agree that Digleefy, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the TeamCoachr Platform.
8.2 You agree that Digleefy shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
8.3 Digleefy is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command
8.4 Digleefy does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
8.5 The TeamCoachr Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the TeamCoachr Platform
8.6 Digleefy disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
8.7 Digleefy shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform
8.8 You agree that Digleefy shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Digleefy, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Digleefy policies, and copyright and other intellectual property law)
8.9 You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
8.10 Should Digleefy’s limitation of liability not be applicable, Digleefy’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Digleefy over the prior twelve (12) months directly preceding your claim, unless otherwise required by law
8.11 You agree that Digleefy shall not be liable for any Public User Content that appears on the Platform
8.12. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity
8.13. You agree that any cause of action or claim that You may have against Digleefy must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred
10. Disputes and governing laws
The Agreement is governed by the laws of Norway without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods. Norwegian law will apply to all matters relating to the use of our Services and the purchase of any products or services through the Platform.
Any action to enforce the Agreement shall be brought in the courts located in Sarpsborg (Sarpsborg tingrett), Norway. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
11.1 The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Digleefy shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
12.1 Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
Digleefy AS – Org.Nr : 926 317 512 Email: firstname.lastname@example.org