Terms of Service

Effective Date: December 1, 2018

1. Definitions

   The following terms as used in these Terms of Service have the following meanings:

   • "Teamplify" ("we", "us", "our") is a program designed to help teams organize information about work activity. Teamplify aggregates and presents information from various sources, and then issues notifications and recommendations based on this information and on the rules set by the user.
   • "Customer" is the organization which you represent when agreeing to the Contract. If the workspace has been created by someone who is not formally affiliated with an organization, then "Customer" refers to the individual who created the workspace;
   • "User(s)" means the Customer's employees, representatives, contractors, agents or other persons who are authorized to use the Service and have been supplied user identifications by the Customer (or by Teamplify at the Customer's request);
   • "You" means all Customers and Users;
   • "Service(s)" means Teamplify's hosted or cloud-based solutions and its commercially available downloadable software products;
   • "Site" means teamplify.com;
   • "Data" or "Content" means any text, documents, audio files, video files, image files, messages, comments, and/or any other Content which Customers and Users submit by connecting their accounts to the Service, or which we must access, in order to provide the Service to Customers and Users. Except as otherwise set forth in these Terms, we do not claim ownership over any of your Content. Customers and Users are solely responsible for any Content that you provide to us via the Software or Service;
   • "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights (including rights in computer software), trademarks, service marks, trade names, domain name rights, database rights, design rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

2. Who and What Do These Conditions Apply to

   1. These Terms of Service ("Terms") contain important information about your rights and obligations, as well as the means of legal protection. By using our Services, you are agreeing to these Terms. Please read them carefully.
   2. These Terms apply to your use of Teamplify with all content, functions, services, and rules for the contractual relationship between you and us. Your own General Terms and Conditions of Business will only become part of this agreement if we have explicitly agreed upon this in writing.
   3. By using Teamplify's Site or Services you agree to comply with and be legally bound by the terms and conditions of the Terms, whether or not you become a registered user of the Services. If you do not agree to these Terms, you have no right to obtain information from, or otherwise continue using, the Site or Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
   4. Occasionally we may, in our discretion, make changes to the Terms. When we make changes, we'll notify you through the Service. Your continued use of the Site after the Effective Date constitutes your acceptance of these Terms, as amended.
   5. We reserve the right to offer additional services. These Terms are aimed at both end users and businesses. End users are persons who conclude legal transactions for a purpose that can be ascribed neither to their commercial nor self-employed professional activities. Businesses are either natural persons, legal entities or legally capable partnerships who exercise their commercial or self-employed professional activities when concluding a legal transaction.

3. Service Scope

   1. The purpose of this agreement is the paid or free of charge use of Teamplify, which can be retrieved via teamplify.com as a web application. All data are stored in the Cloud and can thus be retrieved at any time by the web application.
   2. Subject to the Terms, Teamplify grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use the Service. This license and all rights granted hereunder are revocable by Teamplify at any time. We may modify, update, interrupt, suspend or discontinue the Service at any time without notice or liability.
   3. Teamplify will be available for use 24 hours a day, 365 days a year. If maintenance work is necessary and if Teamplify is not available for maintenance reasons, we will duly inform you. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which Teamplify cannot be accessed due to technical or other problems outside our area of influence, e.g. a force majeur, or a fault of third parties.

4. General Rights and Obligations

   1. To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age and are the intended recipient of Customer's invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
   2. To register with Teamplify, you must supply the required data truthfully and fully if these are not voluntary details.
   3. Except as otherwise expressly permitted in these Terms or as may be expressly permitted by applicable law, you will not:
      1. reproduce, modify, adapt or create derivative works of Teamplify;
      2. rent, lease, distribute, sell, sublicense, transfer or provide access to Teamplify to a third party;
      3. use Teamplify for the benefit of any third party;
      4. incorporate Teamplify into a product or service you provide to a third party;
      5. interfere with or otherwise circumvent mechanisms in Teamplify intended to limit your use;
      6. 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 Teamplify, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);
      7. remove or obscure any proprietary or other notices contained in Teamplify;
      8. use Teamplify for competitive analysis or to build competitive products;
      9. publicly disseminate information regarding the performance of Teamplify;
      10. encourage or assist any third party to do any of the foregoing;
      11. upload, or publish in any other way, any Content which is illegal, harmful, threatening, offensive, or libelous; which infringe the copyright of a third party; which incites hatred and/or discrimination based on race, ethnicity, gender, or social status; which contain pornography; which violates the rights of a third party or incites others to violate the rights of a third party; which defames any persons or discredits their business reputation; which violates the rights of minors and/or is damaging to minors in any way; and any other similar materials.
   4. If you are a User, you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign workspaces, consolidate your workspace with other workspaces, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.
   5. If you are a Customer, you must comply with the Contract and ensure that its Users comply with the Contract and these Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren't responsible for the content of any Customer Data or the way Customer or its Users choose to use the Services to store or process any Customer Data.
   6. If we believe that there is a violation of the Contract that can simply be remedied by Customer's removal of certain Customer Data, we will, in most cases, ask Customer to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, Users, or any third parties.

5. Responsibility for Content

   1. We accept no responsibility for texts, content, images, data and/or information uploaded by you or other Teamplify users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from Teamplify. In particular, we give no guarantee that the content showed in Teamplify is true, fulfills any particular purpose or can serve any particular purpose.
   2. If you notice or suspect any illegal or non-contractual use of Teamplify, you can report this to us at any time via this email address: support@teamplify.com.

6. Free Use of Teamplify

   1. The agreement on the free use of Teamplify is for an indefinite period.
   2. You can terminate the agreement at any time by selecting the "delete your account" option in the account settings, thereby deleting your account. On termination, unsecured data will be lost as we will delete your account completely. We will inform you of this again separately before we delete your account.
   3. We can terminate this agreement in writing with a notice period of two (2) weeks (email will be sufficient).

7. Use of Paid Accounts

   1. Depending on the Paid Account payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term.
   2. Both parties may terminate the agreement at any time.
   3. Agreements with a minimum term will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand by deleting it in accordance with No. 6.2 or by downgrading it to free use. If you terminate your Account, the original agreements will run to the end of the agreed term and will not be renewed. Reimbursement of already-paid fees for the current term is not possible.
   4. In addition, the agreement may be terminated for just cause. Just cause, which would entitle Teamplify to terminate the agreement, would be if you breach your contractual obligations, in particular, the rules of use described in Section 4 or if you are delayed with your payment obligations.