Terms of Service
Effective March 15, 2020
Welcome to qChange
qChange offers a new leadership experience that accelerates leader growth, team performance and company culture. Our Behavior360™ platform delivers behavioral nudges and accelerates leader growth by connecting the nudges to direct feedback (both quantitative and qualitative). We have the unique ability to measure behavior growth in real-time and provide highly relevant learning opportunities based on leader and influencer perceptions.
This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with qChange Software Solutions (qChange) service and features (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”). This Agreement applies to organizations that use our Service (each a “Client”), as well as all visitors, users, and others who access the Service (“Users”).
You may use the Service only if you can form a binding contract with qChange, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 16 is strictly prohibited from using the Service. The Service is not available to any Users previously removed from qChange, whether for violation of this Agreement or otherwise.
The materials on qChange are provided on an ‘as is’ basis. qChange makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, qChange does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to the service.
Accuracy of Materials
The materials appearing on qChange could include technical, typographical, or photographic errors. qChange does not warrant that any of the materials on its website are accurate, complete or current. qChange may make changes to the materials at any time without notice. However, qChange does not make any commitment to update the materials.
qChange has not reviewed all of the sites linked to its service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by qChange of the site. Use of any such linked website is at the user’s own risk.
We do our best to keep qChange safe, but we cannot guarantee it. We need your help to keep qChange safe, which includes the following commitments by you:
You will not collect Users’ content or Personal Data, or otherwise access qChange, using automated means (including, but not limited to, harvesting bots, robots, spiders, or scrapers) without our prior written permission.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any User.
You will not post content on qChange that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate on qChange a third-party application containing alcohol-related, dating or other mature content.
You will not use qChange to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of qChange, such as a denial of service attack or interference with page rendering or other qChange functionality.
You will not facilitate or encourage any violations of this Agreement or our policies.
Registration and Account Security
qChange Users provide their real names and information, and we need your help to keep it that way. You may never use another User’s account without their permission. When creating your own account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify qChange immediately of any breach of security or unauthorized use of your account. qChange will not be liable for any losses caused by any unauthorized use of your account. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false Personal Data on qChange, or create an account for anyone other than yourself.
If we disable your account, you will not create another one without our written permission.
You will not use qChange if you are under 16.
You will keep your contact information accurate and up-to-date.
You will not let anyone else access your account without your permission, or do anything else that might jeopardize the security of your account.
By providing qChange your email address, to the extent permitted by law, you consent to our use of that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
You may control your User profile and how you interact with the Service by changing the settings in the qChange service.
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
You will not post content or take any action on qChange that infringes, misappropriates or violates someone else’s rights or otherwise violates applicable laws, rules or regulations.
We can remove any content or Personal Information you post on qChange if we believe that it violates this Agreement or our policies.
If you infringe other people’s intellectual property rights, we reserve the right to disable your account when we, in our sole discretion, deem it appropriate.
You will not use our copyrights or trademarks without our express written consent.
We always appreciate your feedback or other suggestions about qChange, but you understand that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them to us.
Mobile and Other Devices
Please be aware that your carrier’s normal rates and fees, such as text messaging fees and data fees, will still apply.
Special Provisions Applicable to Software
If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
If we make material changes to this Agreement, we will notify you by posting an announcement on our Service or by sending you an email to the address you have registered with us. Your continued use of qChange following any changes to this Agreement constitutes your acceptance of such changes.
Limitation of Liability
qChange is not responsible for addressing any claims you have or any claims of any third party relating to the Service, the qChange app or your possession and use of the qChange app, including, but not limited to: (i) product liability claims; (ii) any claim that the qChange fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Neither qChange nor its suppliers shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, service, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusion set forth above may not apply to you.
If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of qChange Services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Agreement or qChange exclusively in a state or federal court located in the State of Washington. The laws of the State of Washington will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Washington for the purpose of litigating all such claims.
YOU USE QCHANGE AT YOUR OWN RISK. WE ARE PROVIDING QCHANGE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT QCHANGE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT QCHANGE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. QCHANGE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Special Provisions Applicable to Users Outside the United States
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on qChange (such as advertising or payments).
By "content" we mean anything you or other Users post on qChange that would not be included in the definition of Personal Data.
By "data" or "User data" or "User’s data" we mean any data, including a User’s content or Personal Data that you or third parties can retrieve from qChange or provide to qChange.
By “app” or "application" we mean any application or website that uses or accesses qChange, as well as anything else that receives or has received data from us. If you no longer access qChange but have not deleted all of your data from us, the term app or application will apply until you delete the data.
This Agreement makes up the entire agreement between the parties regarding the Services, and supersedes any prior agreements, whether written or oral.
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any provision of this Agreement, it will not be considered a waiver of that provision or of any other provision of this Agreement.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent us from complying with applicable laws, rules or regulations.
This Agreement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing qChange.
qChange Terms for Paid Services
These qChange Terms for Paid Services (the “Paid Service Terms”) apply to your purchase and use of any paid qChange services, including automatically renewing subscription services such as leader experience programs (“Programs”), personalized coaching services (“Coaching Services”), and one-time purchases (collectively the “Paid Services”).
By purchasing or using a Paid Service, you agree to be bound by the qChange Terms of Service, which incorporate these Paid Service Terms, and any separate terms and conditions presented to you in conjunction with your use of the Paid Services. If you do not accept these terms, do not purchase, access, or use our Paid Services.
Paid Services include content and personalized, interactive services. They may be one-time purchases or automatically renewing subscription services, like our Programs and Coaching Services (“Subscriptions”). Please see the product page for your specific Paid Services for more information. We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and we have the sole discretion to determine which portions of the qChange Service require payment.
Automatically Renewing Subscriptions. Your Subscription term may vary, for example, with monthly or annual automatic renewal terms (a “Subscription Term”), as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel it or we suspend or stop providing the Subscription in accordance with our Terms of Service. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal term. Before charging you for a Subscription Term, we will notify you of the applicable fees, and the renewal will occur at the price then in effect for the Paid Service.
Subscription Cancellation. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.
In the event you cancel your Subscription, note that we may still send you promotional communications about qChange, unless you opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
No Refunds on Subscriptions. When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
Free Trials. From time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.
Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
Certain Paid Services are one-time purchases, and not subscription-based. One-time purchases may not be canceled and you are not entitled to a refund for such services.
Payment and Billing
You authorize qChange to charge your chosen payment method for the Paid Services. By providing a payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your use of the Service.
Please note that if you accept a promotional offer or make changes to your Paid Services, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
For any comments or questions regarding this Agreement, please contact us:
Bend, Oregon 97703