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ACCUMATCHBI END USER LICENSE AGREEMENT

Last Updated 27th February 2021

PLEASE READ THIS APPLICATION LICENSE AGREEMENT ("AGREEMENT", OR "LICENSE", AS THE CONTEXT REQUIRES) CAREFULLY BEFORE INSTALLING OR USING THE ACCUMATCH BEHAVIOR INTELLIGENCE COACH CERTIFICATION TRAINING AND ASSESSMENTS APPLICATION OR COACHING PROGRAMS OFFERED (“ACCUMATCHBI APPLICATION”) (INCLUDING ANY APPLICATION UPDATE) ACCOMPANYING THIS LICENSE. YOUR USE OF ACCUMATCHBI APPLICATION, AND SERVICES AND WEBSITE (REFERRED TO COLLECTIVELY AS THE “SERVICES”) IS SUBJECT TO THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE OR DOWNLOAD OR INSTALL THE ACCUMATCHBI APPLICATION.

  1. General
    1. The AccuMatchBI Application is only licensed, not sold, to you by AccuMatchBI for use only under the terms of this License. AccuMatchBI reserves all rights not expressly granted to you. The terms of this License will govern any upgrades provided by AccuMatchBI that replace and/or supplement the original AccuMatchBI Application.
    2. AccuMatchBI at its discretion may make available future updates to the AccuMatchBI Application.
  2. Permitted License Uses and Restrictions.
    1. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install and use the AccuMatchBI Application, including any updates on a single device, or restore the same on a device that you own or control. You may not make the AccuMatchBI Application available over a network where it could be used by multiple computers or devices at the same time. YOU MAY NOT RENT, LEASE, LEND, REDISTRIBUTE, ASSIGN OR SUB-LICENSE THE ACCUMATCHBI APPLICATION UNDER ANY CIRCUMSTANCES.
    2. This License does not grant you any rights to use AccuMatchBI Application and other intellectual property in the design, development, manufacture, licensing or distribution to third party devices, accessories.
    3. You may make one copy of the AccuMatchBI Application training material for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not and you agree not to, or to enable others to, copy, decompile, modify, or create derivative works of the AccuMatchBI Application or any part thereof. Any attempt to do so is a violation of the terms of this License.
    4. You agree to use the AccuMatchBI Application and the Service in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the AccuMatchBI Application and Service.
    5. You shall not exploit the AccuMatchBI Application or Service in any unauthorized way.
    6. Depending on your activities when using the AccuMatchBI Application or Services or any part of them, you may be required to agree to additional terms and conditions as will be indicated by the AccuMatchBI.
    7. You must ensure that accurate information is provided to us upon signing up for the AccuMatchBI Services. If you signup using social plug-ins such as Facebook or Google it is your responsibility to ensure that the information contained in those services are current and accurate. If you provide information that is inaccurate, not current or incomplete, or AccuMatchBI has reasonable grounds to suspect is inaccurate, not current or incomplete, AccuMatchBI may, in its sole discretion, suspend or terminate your access to and use of the AccuMatchBI Application and/or the Services. This does not prejudice any of AccuMatchBI’s other rights under this Agreement.
    8. The contents of AccuMatchBI Application is restricted to coaches undergoing AccuMatch certification or are certified in the use of the AccuMatchBI Application and have an active subscription.
      1. The AccuMatch assessment and survey system can ONLY be accessed and used by a certified coach. (This strictly enforced condition of use to protect the integrity of the product for the people using and those they coach.)
    9. AccuMatch training and Certification is allowed to be delivered ONLY by an AccuMatch approved master trainer. Copyright terms of use prohibit any third party from delivering such training or reselling the AccuMatch training unless they are an approved licensed train
  3. Fee
    1. AccuMatchBI Application is provided for a fee.
    2. The fees for your plan are billed in advance.
    3. You agree to pay the applicable fees.
    4. Fees paid are non-refundable.
    5. In the event you fail to pay the agreed upon fees, AccuMatchBI shall have all legal rights to recover it from you.
  4. Consent to Collection and Use of Data.
    1. You agree that AccuMatchBI and its subsidiaries and agents may collect, maintain, process and use, technical and related information, including but not limited to technical information about your email address(es), and your telephone number, age and sex. You agree that such data may also be used to verify compliance with the terms of this License.
    2. AccuMatchBI may use this information, as long as it is in a form that does not personally identify you, to improve or to provide AccuMatchBI services to you.
  5. Right to disable or block access to or make changes to or terminate the Service
    1. AccuMatchBI reserves the right to change, suspend, remove, modify, or disable access to, any part or all of the AccuMatchBI Application at any time without notice. In no event will AccuMatchBI be liable for any such action.
    2. AccuMatchBI may post on our website and/or will send an email to the primary address associated with your Account to provide notice of any material changes to the Service. It is your responsibility to check your email and/or primary email address registered with AccuMatchBI, and the AccuMatchBI website, for any such notices. You agree that AccuMatchBI shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment.
  6. Consent for use of any feedback provided.
    1. You may provide feedback to AccuMatchBI about the AccuMatchBI Application or the Service, or your use of the same, including comments, suggestions, ideas, concepts and changes ("collectively, Feedback"). You will not knowingly provide AccuMatchBI any Feedback that is subject to third party intellectual property rights. Unless AccuMatchBI otherwise agrees in writing, you hereby agree that AccuMatchBI shall own all feedback and you hereby assign to AccuMatchBI all of your right, title and interest thereto.
    2. You further accept and agree that AccuMatchBI has no obligation to you, howsoever arising, and further, that AccuMatchBI can use the Feedback as it sees fit, including sharing it with third parties as necessary or desirable in the course of its business. In particular, AccuMatchBI may in relation to the Feedback:
      1. Make, use, copy, modify, sell, assign, distribute, sub-license, and create derivative works of, the Feedback as part of any AccuMatchBI product, technology, service, specification or other documentation; and
      2. Publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any AccuMatchBI Application or the Services.
  7. Ownership of works.
    1. You agree and accept that AccuMatchBI has ownership of the AccuMatchBI Application and any content images, photographs, logos, animations, video, audio recordings or other media related to the same, including as generated from or incorporating data and/or information gathered or received from you.
  8. Your AccuMatchBI account ID and password
    1. It is your sole responsibility to safeguard your AccuMatchBI account ID and password (Credentials). We expressly disclaim any and all liability resulting any loss or damage of any nature from your failure to safeguard your Credentials.
    2. If you believe your Credentials have been compromised, please contact us as soon as possible affiliates@AccuMatchBI.comwith as much information as possible about any suspected unauthorized access. We will endeavor to assist you to secure your account as soon as commercially reasonable.
  9. Termination
    1. This License is effective for the term of your subscription.
    2. Your rights with respect to the AccuMatchBI Application, shall commence on the date you accept the terms and conditions of this Agreement. Your rights under this License will terminate automatically without notice from AccuMatchBI if you fail to comply with any term(s) of this License.
    3. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice of 30 days thereof.
    4. Upon the termination of this License:
    5. You shall cease all use of the AccuMatchBI Application and delete or destroy all copies, full or partial, of the AccuMatchBI Application and delete or destroy all copies, full or partial, of the AccuMatchBI Application.
    6. The rights and licenses granted to you under this Agreement shall immediately terminate.
    7. All rights and entitlements of AccuMatchBI under this Agreement shall survive termination of this Agreement including but not limited the right to payment for Services.
    8. AccuMatchBI shall have the right to block any transmission of AccuMatchBI Application data to and from such account, without notice to you.
    9. You authorize AccuMatchBI to delete any files, programs, data and email messages associated with such account, without notice to you.
    10. In the event of the termination of this Agreement by AccuMatchBI pursuant to provisions of this Agreement, where a breach by you is involved, you shall pay to AccuMatchBI all fees (including reasonable lawyers' fees and costs) and related expenses expended or incurred by AccuMatchBI in the enforcement of its rights hereunder.
  10. Limited Warranty on Media
    1. AccuMatchBI warrants the media (if any) on which the AccuMatchBI Application is recorded and delivered by AccuMatchBI to be free from defects in materials and workmanship. In the event that there are any defects in the media on which the AccuMatchBI Application is recorded and delivered to you, AccuMatchBI may in its sole and absolute discretion offer a replacement copy of the AccuMatchBI Application to you, whether by way of a download or recorded on media.
  11. Disclaimer of Warranties
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ACCUMATCHBI APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
    2. YOU ALSO AGREE THAT THE ACCUMATCHBI APPLICATION AND SERVICES ARE PROVIDED "AS IS", AND ACCUMATCHBI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ACCUMATCHBI APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
    3. ACCUMATCHBI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ACCUMATCHBI APPLICATION OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE ACCUMATCHBI APPLICATION OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ACCUMATCHBI APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
    4. AccuMatchBI shall use reasonable skill and due care in providing the AccuMatchBI Application, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCUMATCHBI DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO UNININTENTIONAL DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND ACCUMATCHBI SHALL NOT BE RESPONSIBLE TO SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data.
    5. The Services provided by AccuMatchBI involve the use of third party providers and suppliers. For example, a payment gateway which facilitate the transfer of information between a device such as a mobile phone and a bank. Whilst AccuMatchBI does all that is possible to ensure the Services are provided to you in the best manner possible, functions and other activities by third party providers and suppliers are out of our control and we expressly disclaim any and all liability as a result of any actions or omissions by such third parties.
  12. Limitation of Liability
    1. AccuMatchBI shall not be liable, in the event of force majeure, for the failure of, or damage or destruction to, the computer or other device used the access the AccuMatchBI Application or Services and any records contained on such device, or for delays, losses, errors or omissions resulting from failure of any telecommunications or other data transmission system or for any loss of income, revenue, business arising from same.
    2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ACCUMATCHBI BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ACCUMATCHBI APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ACCUMATCHBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU.
  13. Indemnity
    1. You agree to defend, indemnify, and hold harmless AccuMatchBI from and against all claims, suits, proceedings, losses, liabilities, and expenses, including reasonable lawyers' fees and costs, whether in tort, contract, or otherwise, that arise out of or relate, in whole or in part, to your breach of this Agreement or any activity by you in relation to the AccuMatchBI Application or your use of AccuMatchBI Application or Service.
  14. Governing Law and Severability
    1. This License will be governed by and construed in accordance with the laws of the Canada, as applied to Agreements entered into. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
  15. Assignment and Delegation.
    1. AccuMatchBI may assign this Agreement without notice to you. You shall not assign this Agreement in whole or in part without the prior written consent of AccuMatchBI (such consent may be withheld or conditioned at AccuMatchBI's discretion). AccuMatchBI may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractor or subcontractors, subsidiaries, associates or affiliates.
  16. Complete Agreement; Amendments; Governing Language.
    1. This License constitutes the entire Agreement between you and AccuMatchBI with respect to the use of the AccuMatchBI Application license hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
    2. No amendment to or modification of this License will be binding unless in writing and signed by AccuMatchBI.
    3. AccuMatchBI may amend this Agreement from time to time without notice to you. The prevailing version of the Agreement shall be accessible from the AccuMatchBI website (www.com) It is your responsibility to check for any amendments to this Agreement. Your use of the AccuMatchBI Application and/or the Service at any time constitutes and signifies your acceptance of the prevailing version of the Agreement.
  17. Contact Information.
    1. Contact AccuMatchBI at: admin@accumatchbi.com, including for any queries relating to the gathering and use of your personal and usage data.