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 the following definitions apply:
- “AGILEVALUE” refers to the provider of the SERVICE: AgileValue GmbH, Körnerstr. 12, 60322 Frankfurt.
- “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 accessible in SaaS mode through the internet.
- “FREE VERSION” refers to the free of charge version “Starter” of our SOFTWARE described on our pricing page.
- “LICENSEE” is the company that subscribes to the SERVICE.
- “USER(S)” are individuals using the SERVICE.
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
4.1 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.
4.2 AGILEVALUE is constantly improving the SOFTWARE. USERS must therefore note that the appearance and functionality of the SOFTWARE will change over time. This change may result in functionalities being expanded, changed or omitted.
5. SERVICE AVAILABILITY
5.1 Access to the SERVICE is available 24/7, including Sundays and holidays, subject to these General Terms of Service.
5.2 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.
5.3 In the event of force majeure, AGILEVALUE shall be released from its obligation to provide the services. Force majeure shall include fire, explosion, flood, war, mutiny, blockade, embargo and industrial action for which AGILEVALUE or a subcontractor is not responsible.
6. LIMITATION OF LIABILITY
6.1 AGILEVALUE is only liable for premeditation and gross negligence. Further claims for damages and reimbursement of expenses on the part of the USER, irrespective of the legal grounds, in particular for breach of duties arising from the contractual obligation and from tort, are excluded.
6.2 AGILEVALUE shall only be liable if a defect of the SERVICE is fraudulently concealed from the user. Any further liability or warranty of the SERVICE is excluded.
7. REGISTRATION AND AUTHENTICATION
7.1 USERS must accept these General Terms of Service during the registration process.
7.2 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
8.1 Subscriptions to the SERVICE can be done on a monthly or annual basis and are invoiced on the first day of the subscription period.
8.2 AGILEVALUE reserves the right to adjust its prices in the future in order to meet the quality requirements of its customers in a cost-covering manner. If a LICENSEE has an annual subscription at the time of the price adjustment, the new price only applies to the next contract year.
9. FREE VERSION
9.1 The FREE VERSION is provided to the LICENSEE to test our SOFTWARE. Functionalities of the FREE VERSION are described on our pricing page.
9.2 AGILEVALUE reserves the right to cancel the subscription of the LICENSEE to the FREE VERSION or modify its features at any time.
10. CANCELLATION
10.1 The LICENSEE can cancel the subscription at any time through their account profile or via email.
10.2 No prorated refunds are provided for subscription cancellations.
10.3 When the termination takes effect, AGILEVALUE reserves the right to block access to the SERVICE and delete all USER’s data.
11. PERSONAL DATA
11.1 AGILEVALUE 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.
11.2 USERS can object to the processing of their personal data. Detailed information about data processing and USER’s rights can be found in our Data Protection Policy.
12. DATA SECURITY
12.1 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.
12.2 USERS are responsible for safeguarding their equipment to access the SERVICE 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
13.1 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.
13.2 If a USER provides AGILEVALUE with feedback or suggestions regarding the SOFTWARE, AGILEVALUE may use them without restriction or obligation.
14. PUBLISHED CONTENT
14.1 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.
14.2 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 SERVICE.
14.3 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. SUPPORT
15.1 USERS can request support services via the feedback feature of the SOFTWARE or by email at the address support@agilevalue.com.
15.2 AGILEVALUE will generally respond to support requests within 48 hours. Defects are prioritized and processed free of charge according to the current capacity.
16. 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.
17. TRANSFER
17.1 AGILEVALUE is entitled to transfer the contract to a legal successor or a group company affiliated with AGILEVALUE without the LICENSEE’s consent.
17.2 A transfer of the contract to a third party requires the prior consent of the LICENSEE. In the event of an objection, the contract shall continue unchanged. The objection shall constitute good cause for extraordinary termination of the contract by AGILEVALUE.
18. AMENDMENTS
AGILEVALUE may amend these Terms of Service at any time and communicate the changes. If the LICENSEE does not object to the validity of the new Terms of Service within 2 weeks of this notification, the new Terms of Service shall take effect. In the event of an objection, the old Terms of Service shall continue to apply. In this case, however, AGILEVALUE has the right to terminate the contract with a notice period of 4 weeks and, in the case of an annual contract, to reimburse the subscription on a pro rata basis.
19. APPLICABLE LAW – COURT OF COMPETENT JURISDICTION
19.1 This agreement and its interpretation are governed by the laws of Germany. The applicability of mandatory laws as well as any statutory provisions limiting the choice of law shall not be affected.
19.2 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 1.4, 16.02.2024