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Copyright © 2019 LaunchPeople

Effective starting: November 5, 2019

If you accept this Agreement, not as an individual, but on behalf of your company, you will bind your company to this Agreement. LaunchPeople may change this Agreement from time to time in accordance with the terms below.

1. Application of the Agreement

This Agreement governs your original purchase as well as any future purchases made by you referring to this Agreement. This Agreement includes our acceptable use policy, any orders and other policies.

2. Types of Products

This Agreement applies to LaunchPeople's Products and Support.

The Products and their permitted use are further described in the Software Terms which apply specifically to Software, and the Terms of Hosted Services which apply specifically to Hosted Servises. Unless otherwise stated, the other provisions apply to all Products.

3. Orders

3.1 Directly with LaunchPeople.

In the Order, you specify an Authorized Scope of the Products, and the Order includes information on relevant Product upgrades, Support or purchases that you may need to increase or upgrade your Scope.

 

3.2 Authorized users.

Authorized users can access and use the Products. Some Products allow you to designate different types of Authorized Users, prices and functionality may vary depending on the type of Authorized User.

 

Authorized users may be you or affiliates, representatives, consultants, contractors, agents or third parties acting in your favor or on your behalf. You can also allow your customers to have limited access to certain Products such as Authorized Users.

You can increase the number of Authorized Users who must have access to the Product at any time by placing a new order or in some cases directly through the Product. In all cases, you must pay a fee for the increased number of Authorized Users.

You are responsible for compliance with this Agreement by all Authorized Users at all times. All use of Products by you and your Authorized Users shall be within the scope and solely for the benefit of you or your affiliates with more than 50% ownership and influence.

 

4. Terms of Software

 

4.1 License rights.

Subject to the terms and conditions of this Agreement, LaunchPeople grants you a non-exclusive, non-sublicensable and non-transferable software license to install and use for the applicable license term in accordance with this Agreement and your applicable scope. The duration of the license period is stated in the Order.

Unless otherwise stated in your order, you may install the Software on systems owned or operated by you (or a third party service provider, as long as you are responsible for their compliance with the terms of this Agreement.

5. Terms of Hosted Services

 

5.1 Access to Hosted services.

Subject to the terms and conditions of this Agreement, LaunchPeople grants you a non-exclusive right to access and use the Hosted Services during the applicable Subscription Term in accordance with this Agreement and your applicable scope.

If LaunchPeople offers client software (such as a desktop or mobile application) to the Hosted Service, this Software may be used solely with the Hosted Service subject to the terms and conditions of this Agreement. You acknowledge that our Hosted Services is an online, subscription-based product and that we make changes to the Hosted Services from time to time.

 

5.2 Subscription terms and renewals.

Hosted Services are delivered as subscriptions over a specified period specified in your order. Unless otherwise specified in your Order, all subscriptions will automatically renew for periods corresponding to your original Subscription Period and you will be charged the current rates unless you cancel your subscription through your account at your-instance.trainingtube.com or send an email to sales@launchpeople.com within 30 days of the end of your current subscription.

 

If you cancel or cancel your subscription before the end of the current billing period, you will not be entitled to any credit or refund for any amounts accrued or paid prior to such cancellation.

5.3 Your data.

You retain all rights, title and interest in and to Your data in the form provided to LaunchPeople.

 

As your data may be confidential, LaunchPeople should:

  • Keep Your Data in the strictest confidence and protect it in accordance with what is necessary to protect their character;

  • Use Your Data only to fulfill and fulfill the purposes and obligations required by the Agreement, unless otherwise agreed in writing;

  • Do not copy or duplicate Your data, or knowingly allow others to copy or duplicate the information without your written consent, provided the written approval is not required if the duplication is for the purpose of performing the obligations under the Agreement.

 

Subject to the terms of this Agreement, you hereby grant LaunchPeople a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transfer, modify your data in each case only to the extent necessary for to provide the relevant Hosted Service to you and (b) to Hosted Services that allow you to share your data or interact with other people, to distribute and publicly disclose and display Your data that you (or your Authorized Users) directly or enable through the Hosted Service.

LaunchPeople can access your account to respond to your support requests.

 

5.4 Security.

LaunchPeople implements security procedures to help protect your data from security attacks. However, please note that use of the Hosted Services necessarily involves the transmission of Your data over networks that are not owned, operated or controlled by LaunchPeople, and LaunchPeople is not responsible for Your data being lost, altered, intercepted or stored across of such networks. We cannot guarantee that our security procedures will be error-free, that the transmission of Your data will always be secure, or that unauthorized third parties will never be able to bypass our security measures or those of our third-party providers.

5.5. Storage Limits.

There may be restrictions on storage options associated with a particular Hosted Service. LaunchPeople reserves the right to charge additional storage fees or if the price exceeds the prices stated on our site. We may impose new or change existing stock limits for the Hosted Services at any time in our sole discretion, with or without notice to you.

 

6. Responsibility for your data

6.1 General.

You must ensure that the use of Hosted Services and all Your data at all times is in accordance with our applicable usage policies, laws and regulations.

 

You represent that (i) you have obtained all necessary rights, releases and permissions to provide all of Your data to LaunchPeople and to grant the rights granted to LaunchPeople in this Agreement and (ii) Your data and their transfer to and use of LaunchPeople as authorized by you under this Agreement does not infringe any laws or third party rights, including without limitation, intellectual property rights, privacy or advertising rights, and any use, collection and disclosure authorized herein , does not violate the terms of applicable laws and policies. Except for security obligations, LaunchPeople assumes no responsibility for Your data and you are solely responsible for Your data and the consequences of using, disclosing, storing or transmitting it.

6.2 Compensation for your data.

You represent and warrant to indemnify LaunchPeople for any loss, costs, liability or damages, including attorney fees, as to Your data, including any claim by a third party that claims that your data or your use of the Hosted Service infringes or abuses third parties intellectual property rights or violate applicable law.

6.3 Removal and Suspension.

LaunchPeople is under no obligation to monitor any content uploaded to the Hosted Services. Nevertheless, only if we find a violation of this Agreement or in response to removal requests that we receive pursuant to our copyright and trademark infringement reporting policies can we (1) remove your data from the Hosted Service or (2 ) suspend your access to the Hosted Service. We will generally warn you when we take such action and provide you with a reasonable opportunity to change your violation, but if we decide that your actions jeopardize the operation of the Hosted Service or other users, we may immediately suspend your access and without notice. You will continue to be charged for the Hosted Service during the suspension period. We have no responsibility to you for the removal or deletion of your data from or suspend your access to the Hosted Services described in this section.

6.4 Deletion after the subscription period and termination assistance.

LaunchPeople shall within thirty (30) days of Your or LaunchPeople's notice of termination, in accordance with the Agreement, where applicable; provide the customer with the following:

  1. a full description of the data structures in which the customer's data is stored, in the form of a data model or equivalent;

  2. A proposal for a data migration method, and

  3. A test plan to test the integrity and completeness of the transmitted data based on the proposed migration method.

 

LaunchPeople shall comply with Customer's requests and policies regarding data removal / deletion and shall, upon Customer's request, confirm in writing that such requests or policies have been complied with.

 

LaunchPeople may not retain any data stored by LaunchPeople under this Agreement for any reason or termination.

Termination assistance is billed according to time spent and at the standard rates for online assistance.

 

7. Right of return and financial conditions

 

7.1 Return Policy.

As part of our customer satisfaction, we allow customers to return a product within 30 days of initiating a subscription and to receive a refund of the amount paid.

For Software, a return means that we disable the license key that allowed the Software to work and for Hosted Services, a return means that we disable access to content uploaded by the customer in the Hosted Service.

We do not accept a return after 30 days.

7.2 Payment.

Unless otherwise stated in your Order, you will pay all amounts in EURO and at the time you place your Order.

Except as expressly provided under Return Policy, all amounts are non-refundable and purchases cannot be canceled or credited.

7.3 Limitations.

Unless otherwise agreed, you may not: (a) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer or access the Products to any third party; (b) use the Products for the benefit of (c) incorporate Products into a product or service you provide to a third party; (d) interfere with license key mechanisms in the Products or otherwise circumvent mechanisms in Products intended to limit your use; (e) separate, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs for Products; (f) remove or hide any proprietary or other notices contained in any Product.

7.4 Ownership and Feedback.

The Products are made available on a limited license or access basis and no ownership is transferred to you, regardless of the use of terms such as "purchase" or "sale". LaunchPeople and its licensors own and retain all rights, title and interest, including all intellectual property rights, in and to the Products (including all Products at no charge), their "look and feel", any and all related or underlying technologies.

 

In connection with any of its Products or Services, LaunchPeople may freely use, copy, disclose, license, distribute and exploit any feedback in any way without any obligation, royalty or limitation based on intellectual property rights or otherwise. No feedback is considered your confidential information and nothing in this Agreement restricts LaunchPeople's right to independently use, develop, evaluate or market products, whether or not they incorporate feedback.

 

7.5 Termination and Termination.

This agreement is valid as long as you have a valid license period or Subscription period unless prior termination is agreed. Either Party may terminate this Agreement before the end of the term of validity if the other party violates any of the terms of this Agreement and does not amend the breach within thirty (30) days of any written notice of the breach.

You may terminate this Agreement at any time with notice to LaunchPeople, but you shall not be entitled to any credit or refund of the prepaid unused Products or Subscription.

Upon termination of this Agreement, you (and your Authorized Users) will no longer have the right to use or access any Products, or any information or material that we make available to you under this Agreement, including confidential information about LaunchPeople. You are required to delete your systems (including any third party systems operated on your behalf) and provide written certification to us that you have done so at our request.

8. Warranty and Disclaimer

8.1 Limitation of Liability.

Under no circumstances shall LaunchPeople be responsible for any loss, alteration or quality of Your data or requirements resulting from the use, distribution or storage of Your data, nor shall LaunchPeople be responsible for the use of Software, including its interaction, impact or problem.

8.2 Supplier of third party products.

LaunchPeople or third parties may from time to time make available to you third-party products or services, including but not limited to additions and plugins, as well as implementation, customization, training and other consulting services. If you acquire any of these third party products or services, you do so under a separate agreement (and exchange of data) solely between you and the third party vendor. LaunchPeople does not guarantee or endorse LaunchPeople's Products or Services, whether designated by LaunchPeople as "verified" or otherwise, and disclaims any responsibility for such products or services. By installing or enabling third-party products or services for use with LaunchPeople Products, you acknowledge that LaunchPeople may provide suppliers of these products and services with access to Your data as required to interoperate and support such additions with the Products. LaunchPeople is not responsible for the transmission, modification or deletion of Your data resulting from such access by third party providers.

8.3 Public Use Rights.

We may identify you in our promotional material. You can request that we stop doing so by emailing sales@launchpeople.com at any time. Please note that it may take up to 30 days to process your request.

8.4 Improving our products.

We always strive to improve our Products. To do so, we need to measure, analyze and aggregate how users interact with our Products, e.g. usage patterns and characteristics of our user base. We collect and use analysis data regarding the use of our Products.

8.5 Disputes.

Any dispute that cannot be settled amicably must be brought before the Maritime and Commercial Court in Copenhagen and is subject to Danish law.

 

9. Amendments to this Agreement.

We may update or amend this Agreement from time to time, including any referenced policies and other documents. If an audit significantly reduces your rights, we will make reasonable efforts to notify you (for example, by sending an invoice or technical contact you designate in the applicable order through your TrainingTube account or in the Product itself.

If we change the Agreement during your License Period or Subscription Period, the revised version will take effect on your next renewal of a License Period, Support and Maintenance Period or Subscription Period.

9.1 General provisions.

Any notice under this Agreement shall be in writing. We may notify you via email or through your account. Our communications to you will be considered the first business day after we send it. You can notify us by mail to LaunchPeople ApS, Tingbakken 39, 8883 Gjern, Denmark, Att: General Counsel. Your messages to us are considered to have been given upon receipt.