Last modified: November 30, 2018
This website and associated services (collectively, the “Services”) are hosted and managed by Teamatics LLC ("Company," "we," or "us"). The following terms and conditions govern your access to and use of our Services, including any content, functionality, and services provided on or through this Website and any associated software, whether as a guest or registered User.
The term “Users” refers to people who (a) register an organization for our Services (“Administrators”), (b) manage a team via our Services (“Managers”), (c) are employees of an organization (“Team Members”), and (d) are potential candidates of an organization (“Candidates”).
Teamatics is a web-based software as a service that allows Team Members to build roadmaps for growth and development by aligning their strengths, interests and passions with the needs and opportunities of the organization. We collect information from Administrators, Managers, Team Members, and Candidates, then use proprietary surveys and analytics to provide key insights to Users. If you ever have questions about how our Services work, you can contact us at firstname.lastname@example.org.
RIGHT TO USE
- Are at least 18 years of age or older;
- Are solely responsible for any information or content that you provide to us via the Services (collectively, “User Content”), as further described below.
USER CONTENT LICENSE GRANT
The Services allow Users to provide User Content that may be viewable by other Users, including, but not limited to, your name, job title, company name, trademarks, logos, skills, interests, goals, and other content or information voluntarily provided. User Content is the sole responsibility of the person or entity that provides the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing, or publishing it.
You represent and warrant that you have the right, power, and authority necessary to grant us the rights described in this section for all User Content that you submit, provide, make available or post via the Services. If you are an Administrator, you represent and warrant that you have all requisite consent and authority to provide personal and job information regarding the applicable Team Members.
SCOPE OF SERVICES; ACCESSING THE SERVICES; AND ACCOUNT SECURITY
We reserve the right to suspend or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice or liability to you. While we make a reasonable effort to keep the Services running at all times, we cannot foresee all possible issues, and we will not be liable if for any reason if any part of the Services is unavailable at any time or for any period. We may, but are not required to, upgrade or update the Services from time to time to fix bugs and add additional features. If you are a subscribing Administrator, we may modify the scope of Services available under your subscription plan upon advance written notice.
To access the Services, you will be asked to provide a valid email address and, in some cases, a password. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You must treat password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your email address, password, or other security information. You agree to notify us immediately of any suspected unauthorized access to or use of your account.
We reserve the right to disable any account at any time in our sole discretion (except where prohibited by law). You may cancel your use and subscription to the Services at any time by sending an email to email@example.com.
Our Services are available to Administrators for a monthly subscription fee (billed monthly or annually at the election of the Administrator) based on the number of participating Team Members. We offer a free starter package for new customers. If you are an Administrator, you agree to the pricing and payment terms for the subscription Services as detailed here, in any applicable invoice terms, and on our websites at https://www.teamatics.com/pricing. Recurring charges are billed in advance of service. Any change to the fees for paid Services shall become effective in the billing cycle following notice of such change to you.
You may cancel your subscription to the Services at any time. However, you acknowledge that you will not receive a refund of any pre-paid fees if you stop using our Services. In the event that the Company suspends, limits, conditions, or terminates your access to the Services or your account due to your breach of this Agreement or any other agreement that you have with the Company, you understand and accept that you will not receive a refund for any unused services with respect to fees that you have pre-paid and to the extent that you have not paid the applicable fees, you will remain liable to pay Company the entire fees due for the services, as applicable.
Payment Information; Taxes; Delinquent Payments
We process payments through a third-party provider, Chargebee. When you provide payment information for a Teamatics subscription, you are providing such information directly to Chargebee. For more information about Chargebee and its practices with respect to data you provide through their platform, please visit https://www.chargebee.com/privacy/.
All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges, processing fees, and taxes incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction. If we are at any time required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to Company upon written notice. If you are using a credit or debit card to make payments, you acknowledge your consent to the applicable cardholder agreement, and you personally represent and warrant that you have all requisite right and authority to charge the applicable credit or debit card.
Delinquent payments may bear interest at the rate of up to 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by Company in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
INTELLECTUAL PROPERTY RIGHTS
The Services and their contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, the Teamatics mark, the Company’s logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors (collectively the “Company Marks”). You agree that you will not use the Company Marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Services. The Company may terminate this license at any time and for any reason, or no reason.
Other than as may be specifically and automatically performed by the Services, you agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except to the extent permitted by the Services’ functions and features.
You agree that you will not access, use or modify any part of the Services or any services or materials available through the Services for any purpose other than the intended use of the Services. You agree that you will not delete or alter any copyright, trademark or other proprietary rights notices from any copies of materials from the Services, whether in digital format or hard copy. You agree that you will not attempt to reverse-engineer, decompile, or attempt to derive the source code, algorithms, or modules of our Services.
- In any way 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);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To send, knowingly receive, upload, download, use or re-use any material which does not in its entirety comply with all applicable federal, state, local and international laws and regulations;
- To submit or knowingly receive any material through the Services that does any of the following (“Content Standards”):
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Deceive or attempt to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
LINKS FROM THE SERVICES
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to via the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Please respect the intellectual property of others. If you are a copyright owner or an owner's agent and find any content on the Services that infringes upon your copyright, you may submit a notification under the guidelines of the Digital Millennium Copyright Act (DMCA). Upon receipt of the notification, we will take down the allegedly infringing material immediately until we are instructed otherwise. For a complete notification, please provide our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (see 17 U.S.C 512(c)(3) for further detail). Company’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The Company and owner of the Services is based in the United States. Access to the Services is prohibited by any person(s) or organization(s) designated by the United States government as a foreign terrorist pursuant to section 219 of the Immigration and Nationality Act or otherwise in violation of any US export control restrictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SERVICES OR OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE WARRANTIES MAY BE LIMITED BUT NOT EXCLUDED, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAW, OR $100.00 IF SUCH AMOUNT IS NOT PROVIDED FOR BY SUCH LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to:
15127 NE 24th Street, #497
Redmond, WA 98502
Open Monday through Friday, 9 AM to 5 PM PST.