Terms and Conditions – Human Language

Most of the key terms are here, but this is our contract, so please make sure you read everything.

  • Our Services vs. Your services – Services you provide to your company’s employees are based on the agreement between you and your company, we are not a party to it. We only provide you with access to the platform and limited right to use the platform and receive our materials, support, and guideline services. 
  • Data protection – You will protect your company’s data based on your own company’s policies, if you provide us with data, you will also be obligated by our policies.
  • Termination – You can stop using the Platform at any time.
  • Confidentiality – You are obligated by your own company’s confidentiality policy. If you receive confidential information from us, you are also obligated by additional confidentiality obligations to Growth Space. You should only share your company or other individuals’ confidential information with us if that is required for us to provide you with our services or for you to provide services to your company’s employees through Growth Space’s platform. 
  • Special recommendations for one-on-one sessions
    • We recommend providing five one-hour time slots for each employee with whom you are matched in each week of the program.
    • We will provide you with our programs and processes, which will be sent to you before you start the program. We recommend using it as a guideline.

Terms and Conditions – Legal Language

Growth Space Ltd. (or one of its subsidiaries, if applicable) (“Growth Space“) is pleased to offer you the opportunity to use our services in accordance with the terms and conditions hereof. Please read these Terms and Conditions (“Terms“) carefully. By clicking the button marked “I agree”, you signify your assent to these Terms. “You” means any Internal Mentor (as defined below) approved by Customer and Growth Space and accepting these Terms. 

Background: The company by which you are employed (“Company” or “Customer”“) has engaged Growth Space in order to provide mentoring services to certain employees of the Company (“Employees“) through Growth Space’s designated platform (“Platform“). You have been designated by the Customer as an Internal Mentor who will provide such mentoring services to Customer’s Employees, using Growth Space’s Platform (“Internal Mentor”).

1. Provision of Services

2. No Compensation from Growth Space

As Internal Mentor’s Services are provided internally within a Customer’s organization, you are not considered as an independent contractor of Growth Space. Growth Space will not pay you.

3. Representations and Warranties

You represent and warrant that your acceptance of these Terms and the provision of the Internal Mentor Services does not and will not constitute a default under or conflict with any agreement, law, or other instrument or restriction to which you are a party or by which you are bound or preclude your entering into these Terms and perform the obligations hereunder (including, but not limited to, any confidentiality or non-competition agreements) and does not require the consent of any person or entity. You agree and undertake to inform Growth Space immediately after becoming aware of any matter that may in any way raise a conflict of interest between you and Growth Space and/or an Employee or Customer. You acknowledge that you shall be held solely responsible for the conduct of the Sessions, and the results of any Sessions or Internal Mentor Services provided to Employees.

4. Intellectual Property

Growth Space or its licensors, as the case may be, have all rights, title, and interest in the Platform, Curricula, and any other content or materials provided by Growth Space or used in connection with the Services (“GS Materials“), including overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights in the GS Materials and the trademarks, service marks, and logos contained therein, whether registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit, or otherwise use the content of the GS Materials or any part thereof for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the GS Materials if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or on the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Growth Space or any third party. If you provide the Growth Space with any feedback regarding any content on the Platform or Curricula or anonymized feedback regarding the Sessions, including without limitation session scoring, Growth Space may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. 

5. Confidential and Proprietary Information

6. Data Protection

As part of the provision of the Services, you may be provided with Personal Data of Employees, Customer representatives, and other individuals. With respect to any such data, you are obligated by your Company’s internal compliance guidelines, processes, and Customer data processing agreements. “Personal Data” means information referring to, related to, or associated with an identified or identifiable person or as otherwise defined in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR“)). With respect to such Personal Data that is available via Growth Space Platform or otherwise provided to Growth Space, Growth Space serves as a Processor (as defined in the GDPR) on behalf of its Customers, who serve as Controllers (as defined in the GDPR) of such Personal Data and you, as an employee of the Company, serve as an agent of the Company working on its behalf (as detailed in the GDPR). You explicitly consent to (i) providing information required by GrowthSpace in order to enable you to provide Sessions or ancillary services via the Platform or in order for GrowthSpace to provide its Services to you and (ii) for you or the Company to provide Growth Space with your Personal Data to allow Growth Space to process and share such data with relevant Employees, all (i) and (ii) are subject to your company’s privacy policy, and Growth Space’s Privacy Notice; and (iii) if you share Employees’ Personal Data with Growth Space, you shall ensure it is done with the consent of such Employees and shall ensure that a record of such consents is maintained, all as required under applicable law.

In the event of a data security breach affecting Personal Data that you provided to Growth Space, via the Platform or otherwise (“Security Breach“), you shall: (i) notify Growth Space immediately in writing of such Security Breach; (ii) cooperate with Growth Space and Customer in connection with the investigation of such Security Breach; and (iii) take all necessary and appropriate corrective action.

7. Term and Termination

  • The term of engagement hereunder shall commence upon your acceptance of these Terms (“Commencement Date“) and will continue in full force and effect for as long as you use and access the Platform unless terminated by either party in accordance with the provisions of this Section (“Term“).
  • Either party may terminate these Terms immediately for any reason and without the obligation to provide any reason, you by asking to delete your account and providing us with written notice, or Growth Space by closing your account or providing you with written notice. 
  • Notwithstanding the above, Growth Space shall be entitled to terminate these Terms for Cause (defined below) with immediate effect at any time, at its sole discretion, by providing you with written notice. “Cause” shall exist: (i) due to your improper behavior, including towards an Employee (regardless of any complaint received about your behavior); (ii) you deliberately cause harm to Growth Space’s business affairs; (iii) you breach the confidentiality and/or other provisions hereunder; or (iv) any other material breach of these Terms which is not cured within seven days of receipt of written notice thereof.
  • In the event of any termination for whatever reason, you will promptly deliver to Growth Space all documents, data, records, and other information pertaining to Growth Space’s Services and any Growth Space Confidential Information. You will, immediately upon termination of these Terms, destroy any and all Growth Space Confidential Information and/or any documents or data, or any reproduction or excerpt of any documents or data containing or pertaining to the Growth Space Confidential Information. With regards to Customer Confidential Information, you shall be subject to the internal policies between you and the Customer.

8. User Status

You do not and will not provide any services to Growth Space. These Terms shall not be construed to create any relationship other than you being a user of the Platform and the recipient of Services from Growth Space. 

9. Indemnity and Release

You agree to defend, indemnify, and hold harmless Growth Space and its officers, directors, employees, agents, and consultants from any losses, liabilities, damages (including taxes), and related costs and expenses (including reasonable legal fees and costs of investigation), interest and penalties, due to, arising from, or relating to any third party claim, demand, action, and or suit against Growth Space arising from or relating to (a) your fraud, negligence or willful misconduct; (b) any breach of your obligations, representations or warranties in these Terms; and/or (c) any claim that an employer-employee relationship exists or existed between you and Growth Space.

10. Limitation of Liability

IN NO EVENT WILL GROWTH SPACE BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF PROFITS OR BUSINESS). GROWTH SPACE’S ENTIRE AGGREGATE LIABILITY UNDER ANY PROVISION OF THESE TERMS AND/OR UNDER ANY CAUSE OF ACTION SHALL NOT EXCEED THE AMOUNT OF THE FEES ACTUALLY PAID  TO GROWTH SPACE WITH REGARDS TO YOUR REGISTRATION AND USE OF THE PLATFORM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM, OR CAUSE OF ACTION.

11. Miscellaneous

  • These Terms constitute the entire agreement between the parties hereto and supersede all prior agreements, understandings, and arrangements, oral or written, between the parties hereto with respect to the subject matter hereof. No agreement or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which is not expressly set forth in these Terms. Failure by any party to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision. The provisions of these Terms shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof.
  • From time to time, Growth Space may update these Terms and shall notify you of such changes. Your continued use of the Platform following any such notification shall be deemed acceptance of any such amended or updated documents.
  • The provisions of sections 1, point 3 (relating to restrictions only), 2-6, 7, point 4, and points 9-11 shall survive the rescission or termination, for any reason, of these Terms, and shall survive the termination of your engagement with Growth Space.
  • The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of these Terms.
  • You may not assign or transfer any right or interest hereunder without the express written consent of Growth Space.
  • These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Israel, without giving effect to the rules respecting conflicts of law. All references to applicable law are deemed to include all applicable and relevant laws and ordinances and all regulations and orders promulgated thereunder unless the context otherwise requires.

Last updated: June 2022