Terms & Conditions
Thanks for being a part of Unleash Enterprises
Thanks for using Unleash Enterprises LTD (company number 11471736) ("Unleash") Products ("Unleash Products")!
Unleash Enterprises LTD (company number 11471736) is the owner and operator of https://unleash.enterprises/ and the relevant accounts on the Social Media.
These Unleash Enterprises LTD Terms of Service (these “Terms”) describe your rights and responsibilities as a customer of our Unleash Products.
As applicable to the specific Unleash Product, if you are being invited or added to a Unleash Product set up by an Unleash Enterprises LTD customer, the User Notice governs your access and use of the Unleash Product (and not these Terms).
These Terms are between you and the Unleash Enterprises LTD entity that owns or operates the Unleash Product that you are using or accessing listed here (“Unleash Enterprises LTD”, “we” or “us”). “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually.
If you are accepting on behalf of your employer or another entity, you represent and warrant that:
- you have full legal authority to bind your employer or such entity to these Terms
- you have read and understand these Terms
- you agree to these Terms on behalf of the party that you represent
If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or similar button or checkbox) that is presented to you.
PLEASE NOTE THAT IF YOU SIGN UP FOR A CLOUD PRODUCT USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access a Unleash Product, whichever is earlier (the “Effective Date”).
These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for a Unleash Product, create a Unleash Product account, or place an Order. For No-Charge Products, you also indicate your assent to these Terms by accessing or using the applicable No-Charge Product.
Read these Terms carefully and feel free to contact us if you have any questions or queries.
You must require that all End Users keep their user IDs and passwords for the Unleash Products strictly confidential and do not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using End User Accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware..
Access to Unleash Products
Subject to these Terms and during the applicable License Term, you may access and use the Unleash Products for your own organisations purposes or personal use, as applicable, all in accordance with these Terms, the applicable Order, the Documentation and prodiving your Product Licenses have not expired. The rights granted to you in this Section are non-exclusive, non-sublicensable and non-transferable.
Except as otherwise expressly permitted in these Terms, you will not:
- reproduce, modify, adapt or create derivative works of the Unleash Products.
- rent, lease, distribute, sell, sublicense, transfer or provide access to the Unleash Products to a third party.
- use the Unleash Products for the benefit of any third party.
- incorporate any Unleash Products into a product or service you provide to a third party
- interfere with or otherwise circumvent mechanisms in the Unleash Products intended to limit your use.
- reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Unleash Products, except to the extent expressly permitted by applicable law (and then only upon advance notice to us).
- remove or obscure any proprietary or other notices contained in any Unleash Product.
- use the Unleash Products for competitive analysis or to build competitive products.
- publicly disseminate information regarding the performance of the Unleash Products.
- encourage or assist any third party to do any of the foregoing.
Improvements of products and services
We are always striving to improve the Unleash Products. In order to do so, we use analytics techniques to better understand how our Unleash Products are being used.
Using Your Data to provide Unleash Products to You
You retain all right, title and interest in and to Your Data in the form submitted to the Unleash Products. Subject to these Terms, and solely to the extent necessary to provide the Unleash Products to you, you grant us a worldwide, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data in an anonymous manner unless otherwise agreed. Solely to the extent that reformatting Your Data for display in a Unleash Product constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. We may also access your accounts, End User Accounts, and your Unleash Products with End User permission in order to respond to your support requests..
If possible, specified in your Order and unless either party cancels your license prior to expiration of the current License Term, your license will automatically renew for another License Term of a period equal to your initial License Term. You will provide any notice of non-renewal through the means we designate, which may include account settings in the Unleash Products or contacting our support team. Cancelling your license means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Unleash Product continuing to be offered and will be charged at the then-current rates.
If Auto-renewal is not possible, you will be reminded by e-mail of the license expiry and invited to renew your license
Once a Unleash Product License has expired, all End Users of that product will no longer have access to that products functionality other than to view historical results. Once the license is renewed, all End Users of that product will be able to use it again.
You may add users, increase storage limits, or otherwise increase your use of Unleash Products by placing a new Order or modifying an existing Order. Unless otherwise specified in the applicable Order, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current Term.
As part of our commitment to customer satisfaction you may terminate your initial Order of a Unleash Product under these Terms, for no reason or any reason, by providing notice of termination to us no later than thirty (30) days after the Order date for such Unleash Product and provided no products have been used (no valuable information has been calculated by the products). In the event you terminate your initial Order under this Section at your request (which may be made through your account with us), we will refund you the amount paid under such Order. This termination and refund right applies only to your initial Order of the Unleash Product and only if you exercise your termination right within the period specified above, and does not apply to Additional Services. You understand that we may change this practice in the future.
Who can use Unleash Enterprises?
Anyone over the age of 16 who agrees to these Terms and all applicable laws.
Agreement with these Terms forms a binding contract with you and Unleash Enterprises.
You must provide Unleash Enterprises with accurate, complete information when you create your account or participating in a products services.
Use or access by anyone under the age of 16 is prohibited.
Our License to You
Subject to our policies and terms being accepted, we grant you a limited, non-transferable, non-exclusive and revocable licence to browse https://unleash.enterprises/.
All content is ©2020 Unleash Enterprises LTD (company number 11471736) with the exception of 3rd party content such as 3rd party logos
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you.
Any attempt to transfer or assign by you shall be null and void.
These Terms, and any rights and licences granted hereunder can be assigned by Unleash Enterprises without restriction.
If any provision of these Terms are deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Unleash Enterprises allows you to add data (including text and survey results).
Anything that you add is referred to as "User Data".
How Unleash Enterprises Can use your content
You grant Unleash Enterprises a royalty free, non-exclusive, transferable, worldwide licence to store, use and save User Data on Unleash Enterprises solely for the purposes of operating, developing, providing and using the Unleash Enterprises’s products.
How other users can use your content
You grant your organisation a royalty free, exclusive, non-transferable, worldwide licence to display, store, use, save, distribute and export your non-personal aggregate User Data solely for the purposes of operating, developing, providing and adding value to the organisation.
We reserve the right to remove or modify User Data for any reason, including User Data that we believe violates our terms or policies.
Account Removal or Suspension
When your account is deleted from Unleash Enterprises all personal data is removed, however User Data will remain for processing, backup, archiving or audit purposes
Unleash Enterprises and your organisation will continue to use any of your User Data that others have stored on Unleash Enterprises.
Upon account removal or suspension, you continue to be bound by these Terms.
If you are using Unleash Enterprises or its services for commercial purposes you agree to indemnity and hold harmless Unleash Enterprises LTD and it’s directors, employees and agents, from and against any claims, suits, disputes, demands, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, in any way related to your access or use of our products, your User Data or your breach of any of these terms.
The products and all content included are provided on an ‘as is’ basis without any kind of warranty, whether it has been expressed or implied.
Unleash Enterprises specifically disclaims any and all warranties and conditions of merchantability, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Unleash Enterprises takes no responsibility or liability for any User Data that you or any other third party posts on our products.
You must understand and agree that you may be exposed to User Data that is inaccurate, inappropriate and objectionable.
Limitation of Liability
To the maximum extent permitted by law, Unleash Enterprises will not be liable for any indirect, incidental, consequential damages, or any loss of revenue of profit.
This applies whether incurred directly or indirectly, or if there is any loss of data, use or other intangible losses, resulting from you accessing or using Unleash Enterprisess products, or any conduct or content of any third party.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Unleash Enterprises's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision..
These Terms are a contract between you and Unleash Enterprises LTD (company number 11471736)
We want to provide a great service to our users while complying with Intellectual Property Law.
We respect the Intellectual Property rights of others and we expect other Unleash Enterprises users to do the same.
We care about your security and the security of all our users.
Whilst we work hard to protect your content and account security, Unleash Enterprises cannot guarantee that unauthorised third parties will not be able to work around our security measures.
If this happens to you, please notify us immediately of any unauthorised use of your account.
Unleash Enterprises provides business optimisation products and services.
To provide this Service, we need to be able to identify you and the user data you provider.
You may choose to stop using the Unleash Products and terminate these Terms (including all Orders) at any time for any reason upon written notice to us, but, unless you are exercising your right to terminate early pursuant to our return policy, upon any such termination (i) you will not be entitled to a refund of any pre-paid fees and (ii) if you have not already paid all applicable fees for the then-current License Term or related services period (as applicable), any such fees that are outstanding will become immediately due and payable..
Effects of Termination
Upon any expiration or termination of these Terms, you must cease using all Unleash Products and delete (or at our request, return) all Confidential Information or other materials of ours in your possession, including on any third-party systems operated on your behalf. You will certify such deletion upon our request. You will not have access to Your Data (and we may delete all of Your Data unless legally prohibited) after expiration or termination of these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the United Kingdom and European Union.
Third Party Links, Sites and Services
Unleash Enterprises may link content to third-party websites, services, advertisers, events, activities, content and special offers ("Third Party Services").
These Third Party Services are not controlled or owned by Unleash Enterprises and we do not assume any responsibility for the third parties site, information, products etc.
If you access any Third Party Services through Unleash Enterprises, then you do so at your own risk and you are in agreement that Unleash Enterprises have no liability arising from your use of and access to any Third Party Services.
We warrant, for your benefit only, that we use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials into the Unleash Products (but we are not responsible for harmful materials submitted by you or End Users)
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY SECTIONS, ALL CLOUD PRODUCTS, SUPPORT AND ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE CLOUD PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
For any dispute you have with Unleash Enterprises, you agree to first contact us and attempt to resolve the dispute with us informally.
If Unleash Enterprises has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of, in connection with or relating to these Terms by binding arbitration by the International Chamber of Commerce (ICC) or the London Court of International Arbitration (LCIA).
Unless you and Unleash Enterprises agree otherwise, the arbitration will be conducted in the county where you reside.
Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the LCIA or ICC.
The award rendered by the arbitrator shall include costs of arbitration, reasonable legal fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorised access to the Service.
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Unleash Enterprises ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent any claim, dispute or controversy regarding Unleash Enterprises or our Products isn’t capable of arbitration under applicable laws or otherwise: you and Unleash Enterprises both agree that any claim or dispute regarding Unleash Enterprises will be resolved exclusively in accordance with 'Governing Law and Jurisdiction' section of these Terms.