GrowthSpace Ltd. ("GrowthSpace") is pleased to offer you the opportunity to use our services in accordance with the terms and conditions hereof.
Background: The company by which you are employed ("Company") has engaged Growth Space in order to provide coaching services to certain employees of the Company ("Employees") through Growth Space's designated website ("Platform").
These Terms of Service ("Terms") govern your use of the Platform and the services available thereon ("Services"). Our Privacy Notice, available at https://www.growthspace.us/privacy-policy-app ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). Please read these Terms carefully. By clicking the button marked "I agree", you signify your assent to these Terms.
For your convenience, the key points of these Terms are listed below. These key points are presented in further detail throughout these Terms and do not substitute for the full Terms. All capitalized terms not defined in this section will have the meanings given to them in the full Terms.
- You will be paired with a Coach and will schedule and participate in coaching Sessions through the Platform. You agree to be available for Sessions for at least one (1) hour per week during each week of the program, out of at least four (4) alternatives offered by the Coach with whom you are paired.
- You will be paired with a Coach and will schedule and participate in coaching Sessions through the Platform.
- You may not use the Platform in any way not permitted by these Terms.
- Information provided during Sessions will be kept confidential, however, you acknowledge that the Company may be provided with certain aggregate and analytical information and may be able to trace such information to you. You may choose not to be included in such aggregate analytical information.
- You may provide your consent for Coaches to share additional information regarding your Session(s) with us and/or with the Company.
- You may not engage with a Coach other than in the context of the Platform.
- You agree to indemnify GrowthSpace for any damage caused by your use of the Platform.
- GrowthSpace is not liable for any damages caused to you due to your use of the Platform, Services or your participation in any Session(s).
- Coaching Services. Subject to the terms and conditions hereof and to the terms of our engagement with the Company, you shall be provided with access to the Platform and the Services and will have the opportunity to participate in one-on-one coaching sessions with a professional coach/es ("Sessions" and "Coach(es)", respectively). The number of Sessions required shall be agreed upon in advance with the Coach (a full course of Sessions, a "Process"). All Sessions shall solely be scheduled through the Platform. Following each Session, you shall receive a summary of the Session prepared by the Coach ("Summary") either by email or through the Platform. While in the course of a Process, you undertake to be available for a minimum number of one (1) hour per week between the hours 9:00-21:00 IST from at least four (4) alternatives suggested by the Coach. It is clarified that all decisions regarding pairing of Employees and Coaches shall be made solely by Growth Space at its own discretion. Growth Space hereby provides you with a limited, revocable, non-exclusive right to use the Platform during the Term (as defined below), in accordance with these Terms and for the purpose of use of the Services.
- Registration and Use of Platform. In order to use the Platform, you will need to have a registered account.The registration process may have already been completed on your behalf by the Company, subject to your consent as may be required by applicable law. Alternatively, if you have received a registration link from the Company, you may register directly. In order to register, you must provide all registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with an improved experience on the Platform.
- Restrictions. You shall not and shall not allow a third party to (attempt) to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform or Services; (b) circumvent, disable, or otherwise interfere with features of the Platform related to security or access; (c) use any robot, spider, search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (d) copy, modify, duplicate, distribute, display, perform, post, broadcast, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell, further develop, download, or otherwise use the Platform, Services, or any content thereon; (e) use or access other user's account or password without permission; or (f) use the Platform or content thereon in any manner not permitted by these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform or Services.
- Representations and Warranties. You represent and warrant that your acceptance of these Terms and the receipt of the 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 or may preclude your entering into these Terms and performing the obligations hereunder (including, but not limited to, any confidentiality agreement) 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.
- Intellectual Property. GrowthSpace or its licensors, as the case may be, have all right, title and interest in the Services, Platform and Summaries, and any other content or materials provided by or prepared for 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. 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 grantingyou any right to use any trademark, service mark, logo, or trade name of Growth Space or any third party.Ifyou provide the Growth Space with any feedback regarding any content on the Platform or provided as part of the Services, 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.
- Reports and Confidentiality. By using the Platform and participating in Sessions, you acknowledge that certain information about your use of the Services may be provided to the Company, such as whether you participated in a Session, as well as analytics information about all Employees using the Services. All analytics information will be provided to the Company on a de-identified basis, however, it may be possible for the Company to link that information to individual Employees. You may opt-out of having your information included as part of such analytical information by contacting us at any time.
Any information you provide to Coaches during Sessions will remain strictly confidential and will not be shared with the Company. However, subject to your prior written consent, which you may provide at your sole discretion, Coaches may share Summaries with GrowthSpace or with the Company. Growth Space is not responsible for any disclosures made by Coaches, including any disclosures made without obtaining your prior written consent.
Notwithstanding the foregoing, Coaches may disclose Personal Data about you or about Sessions without your consent, where they believe in good faith that disclosure is appropriate to protect yours or a third party's rights, property or safety, when required by law, regulation subpoena, court order or other law enforcement related issues, agencies and/or authorities.
- Non-Circumvention. During the course of a Process and for a period of one (1) year immediately following its conclusion, you shall not, either directly or indirectly, on your own behalf or on behalf of others, solicit, divert, or independently engage any Coach or the purposes of obtaining coaching or advisement for yourself or others.
- 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 or willful misconduct; (b) any material breach of your obligations, representations or warranties in these Terms.
- DISCLAIMER OF WARRANTY. THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. GROWTHSPACE EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS IN RESPECT OF THE PLATFORM AND SERVICES INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY. IN NO EVENT WILL GROWTHSPACE BE LIABLE UNDER THESE TERMS OR UNDER ANY CAUSE OF ACTION FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF PROFITS OR BUSINESS). GROWTHSPACE'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 BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM, OR CAUSE OF ACTION. AS SUCH, IF YOU MADE NO PAYMENTS TO GROWTHSPACE, GROWTHSPACE SHALL HAVE NO LIABILITY IN RESPECT THEREOF.
- 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 are not expressly set forth in these Terms. No provision of these Terms may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the parties. 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.
The provisions of the Sections 3-11 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.
For the purpose of these Terms, notices and all other communications provided for herein shall be deemed to have been duly given when personally delivered, when sent by email or sent by registered mail, postage prepaid, addressed to the respective addresses last given by each party to the other, except that notice of change of address shall be effective only upon receipt.
Last updated: March 2, 2021