Last updated: April 24, 2024
These BalancedWork Platform License Terms and Conditions (together, the “Agreement”) are entered into by and between BalancedWork Inc., a Delaware corporation (“BalancedWork”) and the person or entity agreeing to these terms (the “Customer”) and govern Customer’s access to and use of the BalancedWork Platform (the “Platform”).
This Agreement is effective when Customer clicks to give Customer’s consent to use the Platform (the “Effective Date”). If you are accepting on behalf of a Customer who is not a natural person (such as a corporation), you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.
BalancedWork grants to Customer a limited, non-exclusive, non- transferable, non-assignable and non-sublicensable worldwide license to access and use the Platform for the purpose of sharing data, which BalancedWork will analyze to provide insights and recommendations. BalancedWork makes no representation of any type (including as to quality, reliability or availability) regarding the Platform.
The Platform allows the Customer to share data, which BalancedWork will analyze to provide insights and recommendations. These can be online calendars of the Customer and/or its employees that the Customer grants BalancedWork permission to access through the Platform. Where the Customer provides access for calendar review via the Platform a) the Customer represents and warrants that it has full authority and permissions to provide such access and use the resultant data from it in connection with the services comprising the Platform without violating any fiduciary duty, duty of confidentiality, contractual obligation or applicable laws and b) the Customer retains copyright and any other intellectual property rights it has in the uploaded calendar data and related information and it grants to BalancedWork (and its affiliates and contractors) the right to host, reproduce, distribute and communicate the data solely as needed to deliver, and collect calendar information in relation to, the Platform and perform BalancedWork’s analysis of such information.
BalancedWork may terminate or modify this Agreement at any time with or without notice to Customer, including terminating or suspending access to the Platform, in its sole and absolute discretion. This Agreement and any updates to its terms from time to time will be posted on BalancedWork’s website at www.balancedwork.ai/terms-of-service. This Agreement applies only to the Customer’s use of the Platform and if Customer signs up for a free trial of, or purchases, any other BalancedWork product or service then any such free trial or purchase will be governed by the specific terms and conditions that apply to that trial or purchase. This Agreement represents the entire agreement of the parties as to the Customer’s use of the Platform.
Customer will not: (i) copy, modify, distribute, sell, sub- license or create a derivative work of the Platform; (ii) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Platform; (iii) bypass any measures BalancedWork uses to restrict access to its services; (iv) use the Platform to store or transmit malicious code, or to transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (v) use the services or documents comprising the Platform in violation of any applicable laws or third party rights, or (vi) use the Platform to promote a competing product or service.
Customer shall indemnify, defend and hold harmless BalancedWork, its affiliates and its and their officers, directors, employees and agents from any and all lawsuits, damages, liabilities, costs, charges, and expenses, including reasonable attorneys’ fees, resulting from any third-party claim related to the Customer use of the Platform, including in relation to any calendar access or other information provided by the Customer for access by the Platform. BalancedWork and its affiliates shall have sole discretion and control to defend, compromise or settle any such claim and the Customer shall cooperate reasonably with BalancedWork in such efforts.
BalancedWork shall have no liability to the Customer whatsoever, whether in contract, tort or otherwise, relating to this Agreement or the Customer’s use of the Platform or any consequences thereof, including direct, indirect, special, incidental or consequential damages (including loss of profits, loss of revenues, data loss or usage or loss of opportunities) arising out of or relating to this Agreement or the use of the Platform.
Customer may receive periodic communications from BalancedWork at the contact information submitted/linked during sign-up for use of the Platform and associated with Customer’s account, such as training and on-boarding materials, product tips and updates and special offers. Customers can stop receiving email communications by opting out via the unsubscribe link in the emails.
Personal data we collect is subject to BalancedWork’s Privacy Policy: www.balancedwork.ai/privacy.
8.1 Sections 2 to 7 inclusive and 8.4 will survive any expiration or termination of Customer’s use of the Platform.
8.2 This Agreement is not transferable by the Customer in any way to any other person. Any purported assignment made in conflict with this provision shall be void.
8.3 A waiver of rights under this Agreement will not be effective unless it is in writing and signed by an authorized representative of the party that is waiving the rights.
8.3 If any provision of this Agreement is found to be invalid, unlawful or unenforceable to any extent, then such provisions or portions will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable laws.
8.4 This Agreement, and any and all disputes directly or indirectly arising out of or relating to these Terms and Conditions, will be governed by and construed in accordance with the laws of the State of Delaware, without reference to the choice of law rules thereof. The Parties agree to submit to the exclusive jurisdiction over all disputes hereunder of the courts in the federal and local courts in the District of Columbia.
