Terms of Use

These terms of use (the Terms) (together with the documents referred to in it) explain to you the terms on which you may make use of our Perspective web app - teams.gainperspective.ai

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In these Terms, we refer to our Perspective web app as "Perspective". Perspective is owned and operated by Emoquo Limited, a company registered in England and Wales under number 07352321 with its registered office at 1st Floor, Midas House, 62 Goldsworth Road, Woking, Surrey GU21 6LQ ("we", "our", and "us").

Please read these Terms carefully before you start to use Perspective, as these will apply to your use or any third party’s use of Perspective should you share or make available Perspective to any third party as part of a face-to-face interaction or otherwise. By using Perspective, you confirm that you accept these Terms and that you agree to comply with them and will use your reasonable endeavours to ensure that any third party with whom you share your use of Perspective will also comply with them. If you do not agree to these Terms, you must not use Perspective.

In particular, please make sure you read the following carefully:

Perspective’s Privacy Policy which tells you how we use your registration data and other information we collect about you;

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These terms

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These Terms constitute the agreement between you and us for the use of Perspective and the contents and services available through it.

We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on Perspective and, where appropriate, notified to you by email. Please review this page frequently to see any updates or changes to these Terms.

Your right to access Perspective

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Your right to access Perspective and the content and features available to you will depend on the subscription level for which your Organisation has registered or the access provided to you by us. No matter how you access Perspective, your use of Perspective is subject to these Terms.

Subscriptions

Community Subscription. You may have the right to access Perspective if we have entered into an agreement with your employer or other organisation (the "Community Organisation") of which you are a member including but not limited to a workplace, university or college (a "Community"). With a Community Subscription, you will receive access to all content and features that we have agreed to make available to your Community. You will have access to all content for a certain period of time subject to the terms of our agreement with the Community Organisation.

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Under a Community Subscription, your right to use Perspective may be withdrawn if the agreement between us and the Community Organisation ends, or if your access is no longer permitted under our agreement with the Community Organisation. If our agreement with your Community Organisation ends or you leave your Community Organisation for whatever reason, you will continue to have access to all content for up to a maximum of 30 days from when our agreement with your Community Organisation ends or you leave your Community Organisation. At the end of this period, you may only have limited access to content on Perspective or you may close your account.

Your Community Organisation may supplement these Terms with their own terms and conditions. In this case, the Community Organisation’s terms and conditions shall also apply to your use of Perspective and the contents and services available through it in addition to these Terms. In the event of any conflict between these Terms and the Community Organisation’s additional terms, these Terms will prevail.

Using Perspective

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The Perspective team is always looking for ways to develop and improve and we may, therefore, release new features. We provide Perspective on an "as is" and "as available" basis with all faults. We do not guarantee that Perspective, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of Perspective, or any features on it for business or operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal.

You agree that your use of Perspective is at your own risk. We will not be liable to you if for any reason any of Perspective is unavailable at any time or for any period.

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When you access Perspective on any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

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Device and system requirements

To use Perspective, you will need to use either Google Chrome or Firefox web browsers, as these work best with our website. If you’re not sure which internet browser you are using, you can check here: http://www.whatsmybrowser.org/.

You acknowledge that access to Perspective is dependent on you being able to receive data via WiFi, 3G, 4G or 5G. You are responsible for making all necessary payments including in respect of internet and network connections. We are not responsible for the availability of the internet, or any errors in or damage to connections, equipment, or software that may occur in relation to your use of Perspective.

Your account and password

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You must be 16 years or older to be eligible to register with us, and to use Perspective. By using Perspective, you represent and warrant that you are 16 years or older.

If you are under 16 years of age, you must read these Terms with your parent or guardian before using Perspective. Your use of Perspective will be confirmation that you and your parent or guardian understand and agree to these Terms. If we think that you have not told us your true age, we may stop you from using Perspective until you have given us proof of your age.

If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.

You are responsible for maintaining the confidentiality of your account details, including any user passwords or any other piece of information that forms part of our security procedures, and you must not disclose these to any third party.

You are responsible for all activity under your account even if someone else uses your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

You acknowledge that we may, at any time and at our sole discretion, request that you validate your account details with Perspective.

Closing your account

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You can ask us to close your account at any time by emailing support@gainperspective.ai from the email address registered to your account. We will verify this request with your Organisation before acting.

We will also close your account automatically if it remains inactive for three years. When your account is closed, all content added by you is anonymized and will remain useable by your Organisation until your Organisation account is closed.

Privacy

Our Privacy Policy will apply to your use of Perspective. Our Privacy & Data Security Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Perspective, you acknowledge the contents of the Privacy & Data Security Policy and assure us that all data provided by you is accurate.

Acceptable use restrictions

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You must not:

use Perspective in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Perspective or any operating system;
post any material on Perspective that depicts or encourages violence, or that is pornographic, obscene, hateful, offensive or otherwise objectionable;
use Perspective to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate any person;
infringe our intellectual property rights or those of any third party in relation to your use of Perspective, including by the submission of any material (to the extent that such use is not licensed by these Terms);
use Perspective in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
collect or harvest any information or data from Perspective or our systems or attempt to decipher any transmissions to or from the servers running any Service.

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Perspective face-to-face and virtual

Perspective materials, content, and/or training documents may be used as guides in group discussions that take place in person or virtually outside of Perspective. Any use of Perspective and/or the Perspective materials, content, and/or training documents in connection with face-to-face or virtual services or conversations (whether facilitated by Perspective or not) is subject to these Terms.

Account suspension

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Perspective reserves the right to suspend and/or disable your account and access to Perspective if you fail to comply with these Terms, or if we have reasonable grounds to believe such a failure has occurred.

Intellectual property rights and use of Perspective

When you access Perspective, we grant you a non-exclusive, non-transferable licence to use Perspective for the purposes of the services offered by Perspective only.

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We are the owner or the licensee of all intellectual property rights in Perspective, and in the material published on it ("Works"). The Works are protected by copyright, trademarks, database rights and other intellectual property rights owned by us or our licensors (which may include the Community Organisation). All such rights are reserved. You may not, without our prior written consent (except to the extent required in order to use Perspective in accordance with these Terms) copy, sell, reproduce, publish, modify, or distribute any of the content published, displayed or performed on or within Perspective or systematically extract such content or in any way use or commercially exploit any such content.

You acknowledge that we are the sole and exclusive owners of any and all anonymised data relating to your use of Perspective and that such anonymised data can be used by us for commercial, development and research purposes.

Disclaimer

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We do not guarantee that Perspective, or any content on it or otherwise provided by us, will be free from errors or omissions.

To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that Perspective and the information and services available through it or otherwise provided by us are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

Any content and materials available on or through Perspective, or otherwise provided to you by us, are not advice, nor intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any engagement with Perspective or by anyone who may use or be informed of any of its contents.

You acknowledge that we have no duty to take any action regarding: what content you access via Perspective; what affect such content may have on you (or any third party); how you (or any third party) may interpret or use such content; or what actions you (or any third party) may take as a result of having been exposed to such content.

We are not responsible for any dialogue or other interaction between Perspective users in the context of face-to-face or virtual engagements, which may take place in connection with Perspective or the use of Perspective materials. You acknowledge that we have no control over and no duty to take any action regarding: such face-to-face meetings; what affect such meetings may have on you or any third party taking part in such meetings; how you (or any third party) may interpret or use the information shared, or interactions taking place, during such meeting; or what actions you (or any third party) may take as a result of having been exposed to such information and/or interactions.

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We have no obligation to verify the identity of any individuals registering to use Perspective. We have no obligation to monitor the use of Perspective and its services by other users. As such, we disclaim all liability for identity theft or any other misuse of your identity or information.

Limitation of our liability

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We are not responsible to you for any loss or damage that is not a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. If you use Perspective for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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The information provided on Perspective is for general information only. We do not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by Perspective, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We are not liable for how a Perspective user chooses to use the services or materials available on or through Perspective outside of Perspective, including in their interactions with other Perspective users or individuals.

We are not responsible for events outside our control. If our provision of the services available through Perspective or support for Perspective is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

Viruses

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We do not guarantee that Perspective will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, device, computer programmes and platform in order to access Perspective. You should use your own virus protection software.

You must not misuse Perspective by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Perspective, the server on which Perspective is stored or any server, device, computer or database connected to Perspective.

You are responsible for taking suitable precautions to protect your physical device from access by unauthorized users when using Perspective, such as; locking devices with password entry codes, protecting screens from view by an unknown party, using secure connections when connecting to the internet and a secure Virtual Private Network (VPN) when using public networks.

Third party links

Where Perspective contains links to information, websites and resources provided by third parties ("Third Party Websites"), these links are provided for your information only. We have no control over the contents of those websites or the performance of the services. Your dealings with, and interest in, third parties found on or via Perspective is solely between you and the third party with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Your use of any Third Party Website may be subject to specific terms and conditions or privacy policies, which apply to those websites. The inclusion of any hyperlinks to Third Party Websites on Perspective does not mean that we approve or endorse them.

Miscellaneous

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If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.

If any part of these Terms shall be unlawful or unenforceable for any reason, this shall not affect the remainder of these Terms and that part shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

If we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms to that third party or the newly merged entity.

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All legal notices in relation to Perspective or these Terms should be given in writing and addressed to info@gainperspective.ai.

Applicable law

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These Terms are governed by English law and you can bring legal proceedings in respect of Perspective in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Questions, comments, complaints and requests regarding these Terms or Perspective should be sent by email to support@gainperspective.ai.