Last updated: January 13, 2021
Table of Contents
Thank you for visiting http://www.impro.ai (the “Site”) and/or downloading the Impro mobile and/or desktop application(s) (the “App”).
Impro.ai Inc. and its affiliates (“Impro”, “we”, or “us”) operate the Site and App to provide information about Impro and to grant users (“you”) access to Impro’s online coaching products, interactive platform, and tools (collectively, the “Services”). Our Site, App, and Services are intended to help companies and organizations provide personalized, data-driven performance coaching to their team members, and to help individuals elevate their performance at work.
You understand and agree that Impro and its coaches do not provide medical or psychotherapeutic advice. You agree that you will not make any financial, legal, or medical decisions based in whole or in part on anything contained on our Site, App, or Services.
USE OF THE PLATFORM
You must complete our onboarding process to use our App and Services. By completing our onboarding process and using the Services, you certify that (i) you have reached the age of majority in your jurisdiction of residence; (ii) any information you provide to us, both when you complete the onboarding process and in the future, is and will be true, accurate, current, and complete; (iii) you will keep all information up to date; and (iv) your account is solely for your own personal use.
You are responsible for maintaining the confidentiality of your account login credentials and for all access to and use of the Site, App, and Services through such login credentials (whether or not authorized by you). You may not share your account with anyone, and you agree to immediately notify us of any unauthorized use or disclosure of your login credentials.
You agree that we may deny access, use, and/or registration privileges to any user of the Site, App, or Services, at any time and in our sole discretion, including if we have reason to believe an account was created with false information or otherwise used for fraudulent purposes.
CONDITIONS OF USE
You agree to use the Site, App, Content, and Services for lawful purposes only and in a manner consistent with all applicable local, national, or international laws, rules and regulations.
You agree that you will not, directly or indirectly, at any time:
- share your account credentials with anyone;
- publish or make available any information or content accessed through the Site, App, or Services in any way (including on social media) without our express written permission;
- bypass or breach, or attempt to bypass or breach, any security device or protection used in connection with the Site, App, or Services;
- interfere with or disrupt the integrity or performance of the Site, App, or Services;
- input, upload, transmit, or otherwise provide to or through the Site, App, or Services any information or materials that are unlawful or injurious, or contain, transmit, or activate any software, hardware or other technologies, devices, or means which may permit unauthorized access to, or destroy, disrupt, disable, distort, or otherwise harm or impede in any manner the Site, App, or Services;
- introduce any harmful code to prevent anyone from accessing or using the Site, App, or Services, including any virus, bug, Trojan horse, worm, backdoor, malware or other malicious computer code, and any time bomb or drop-dead device;
- access or use the Site, App, Services, or Content in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law;
- frame the Site or any part thereof on any commercial or non-commercial internet website; or
- use the Site, App, or Services in any manner that is, in Impro’s sole discretion, abusive, offensive, inappropriate, or likely or intended to cause harm to any person.
Certain links provided on the Site, App, or Services may take you to websites that are owned and operated by third parties (“Third Party Sites”). We provide these links as a convenience only, and do not endorse or have any control over any Third Party Sites or their content, or any products, services, or information they provide. If you decide to visit any Third Party Site, you do so at your own risk and waive any claims against Impro.
You acknowledge and agree that Impro may monitor and analyze your use of and experience with the Site, App, and Services, compile statistical and performance information related to the provision and operation of the Site, App, and Services, and create de-identified data sets for the purpose of such analysis and compilation (“Resultant Data”). You acknowledge and agree that we may make such Resultant Data publicly available in a de-identified and aggregated manner, and that Impro retains all intellectual property rights in such Resultant Data. You hereby unconditionally and irrevocably grant to Impro an assignment of all right, title, and interest in and to the Resultant Data, including all intellectual property rights relating thereto, and waive all “moral rights” in and to the Resultant Data.
In connection with your use of the Site, App, and/or Services, you may choose to provide us with information or materials such as feedback, questions, comments, or suggestions for features, functionalities, or the like (collectively, “Feedback”). To the extent that Feedback does not contain information that identifies you, or otherwise cannot reasonably be used to identify you (including information or materials that we have de-identified), such Feedback shall be the exclusive property of Impro, and you unconditionally waive all “moral rights” that your may now have or have in the future relating to such Feedback.
The Site, App, and Services are made available on an “as is” and “as available” basis, without any representation or warranty any kind, either express or implied, or any guarantee or assurance the Site, App, or the Services will be available for use, or that all features, functions, services or operations will be available or perform as described. To the fullest extent permitted by law, Impro disclaims all implied representations, warranties, and conditions relating to the Site, App, Services, and Content, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or availability of service. Impro does not warrant that the Site, App, or the provision of Services will meet your requirements or that the operation of the Site, App, or the provision of Services will be uninterrupted or error-free, nor does Impro make any warranty as to the result that may be obtained from the use of the Site, App, or the Services or as to the accuracy, reliability, suitability or content of the Site, App, or Services. You agree that access to and use of the Site, App, Services, and Content is at your own risk. Neither Impro nor any supplier, licensor, coach, or agent contributing to the Site, App, or Services is responsible for any errors or omissions in any information provided or any reliance on such information, the Site, App, Services, or Content.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site, App, or Services. You understand, acknowledge, and agree that you are assuming the entire risk including, without limitation, for accuracy, performance, quality, or security of any features or functions of the Site, App, Services, or Content or loss of data associated with your use of the Site, App or Services.
LIMITATION OF LIABILITY
IN NO EVENT WILL IMPRO AND/OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE, LICENSORS, SUPPLIERS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, APP, OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMPRO HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST IMPRO ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Benefit of the Agreement
The parties confirm that it is their wish that this Agreement be written in the English language only. Les parties confirment leur volonté que la présente convention soit rédigée en anglais seulement.