1. PREAMBLE
Welcome to teammeter, developed and provided by AgileValue. Our mission is to assist businesses in the development of people and organizations. These General Terms of Service define the rules and regulations that apply to the use of our SERVICE. By using it, you acknowledge that you have read and agreed to these terms.
2. DEFINITIONS
In this agreement:
- “SOFTWARE” refers to the software TEAMMETER and includes all programs, processes, rules, and documentation related to the data processing set.
- “SERVICE” refers to the SOFTWARE software accessible in SaaS mode through the internet.
- “FREE VERSION” refers to a restricted SERVICE provided for testing purposes.
- “LICENSEE” is the company that subscribes to the SERVICE.
- “USER(S)” are individuals using the SERVICE.
- “CONTROLLER” refers to the entity that determines the purpose and means of processing personal data, as defined in Article 4.7 of the GDPR.
- “GDPR” stands for the General Data Protection Regulation, which is the EU Regulation (EU) 2016/679 that protects individuals’ personal data.
3. OBJECTIVE
The purpose of these General Terms of Service is to define the access and usage rights to the functionalities of the SERVICE for all users, whether they consult, produce, or transmit content.
The LICENSEE is fully responsible for the compliance with these Terms of Service by its respective USERS.
4. DESCRIPTION OF THE SERVICE
The SERVICE is available on Internet from the servers of a cloud service provider. The SOFTWARE collects and processes employees information including self-assessments and feedback from other employees. With the necessary authorizations from their organization, USERS can access this content.The SERVICE is accessible on both mobile and desktop devices and is optimized for specific web browsers.
5. SERVICE AVAILABILITY
Access to the SERVICE is available 24/7, including Sundays and holidays, subject to these General Terms of Service. Occasional suspensions of the SERVICE or its functionalities may occur for maintenance purposes. AGILEVALUE is not liable for any consequences resulting from the service’s unavailability during maintenance or updates.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AGILEVALUE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER SUCH CLAIMS ARISE FROM CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AGILEVALUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AGILEVALUE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AGILEVALUE FOR THE SERVICE DURING THE TERM OF YOUR USE OF THE SERVICE.
7. REGISTRATION AND AUTHENTICATION
USERS must accept these General Terms of Service during the registration process. Access to the SERVICE is protected by a confidential password assigned to each USER. USERS are responsible for the security of their login information and must report any unauthorized use immediately.
8. PRICING
Subscriptions to the SERVICE are payable in advance on a monthly or annual basis, based on the number of USERS. Prices are subject to change. No prorated refunds are provided for subscription cancellations.
9. FREE VERSION LIMITATIONS
The FREE VERSION is provided to the LICENSEE for testing purposes. Functionalities of the FREE VERSION are described on our Pricing page. AGILEVALUE reserves the right to cancel the registration of the LICENSEE to the FREE VERSION or change the functionalities of the FREE VERSION at any time.
10. CANCELLATION
USERS can cancel their subscription at any time through their account profile. No prorated refunds are given for ongoing subscriptions.
11. PERSONAL DATA
AGILVALUE and its partners will process the USERS personal data, including contact details, product usage, subscription, and payment information, for purposes such as providing software, services, and information, protecting against piracy and unlawful use, improving offerings, internal record-keeping, promoting products, and fulfilling legal obligations.
The User can object to the processing of their personal data for certain purposes. Detailed information about data processing and User’s rights can be found in our Data Protection Policy.
12. DATA SECURITY
AGILEVALUE implements technical and organizational measures to protect data from unauthorized access, loss, or destruction. However, it is not liable for problems arising from the user’s internet connection, computer viruses, or malicious attacks. The continuity of the SERVICE cannot be guaranteed if accessed through a remote connection.
USERS are responsible for safeguarding their equipment to access the SOFTWARE and protect their data against any malicious attacks. AGILEVALUE is not liable for damages to the USER’s equipment or data through the internet or other means.
13. INTELLECTUAL PROPERTY
The content of the SOFTWARE, including graphics, images, texts, videos, and logos, is the exclusive property of AGILEVALUE. Any unauthorized use or reproduction is strictly prohibited. If a USER provides AGILEVALUE with feedback or suggestions regarding the SERVICE, AGILEVALUE may use the feedback or suggestions without restriction or obligation.
14. PUBLISHED CONTENT
When using the employees of the USERS may provide or upload content in or as part of the Services such as texts, photos, graphics, etc. (“Content”). In general, all copyrights, trademarks, and other intellectual property rights in and relating to such Content shall be owned by or licensed by the USERS. USERS grants to AGILEVALUE for the term of the agreement a world-wide, non-exclusive, royalty-free, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute Content on and through the Services. The USER is responsible for ensuring that no content is posted that may harm employees’ safety, health, dignity, or morality. Any content contrary to the interest of specific individuals must be promptly notified to AGILEVALUE.
15. COMMUNICATION OF COLLABORATION
By agreeing to these terms, the LICENSEE authorizes AGILEVALUE to disclose their collaboration and use their trade name and logo in communication materials.
16. AMENDMENTS
AGILEVALUE may amend these General Terms of Service at any time. Users will be informed of such changes via email and must accept them before using the SERVICE.
17. APPLICABLE LAW – COURT OF COMPETENT JURISDICTION
This agreement and its interpretation are governed by the laws of Germany, with the Convention of the United Nations on Contracts for the International Sale of Goods (CISG) expressly excluded.
Any statutory provisions limiting the choice of law or the applicability of mandatory laws, especially those related to the state where a consumer has their usual place of residence, shall not be affected.
The registered office of AGILEVALUE shall be the exclusive place of jurisdiction for any legal dispute arising from or in connection with this contract.
Version 1.1, 06.09.2023