LAST UPDATED: October 25th, 2018
Thanks for using Powr of You®'s products, services, websites, and apps (“Service”, “Services”). Powr of You is operated by Powr of You Ltd ("Powr of You", "we", "us" and/or "our"), also d.b.a. PY Insights.
You indicate your agreement to these Terms by clicking or tapping on a checkbox indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
The following additional terms also apply to your use of our Services:
1. Privacy Basics
Powr of You will store and process your Data in a manner consistent with industry security standards. Powr of You has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security of your Data and to mitigate the risk of unauthorized access to or use of your Data.
“Minors” are individuals under the age of 16 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
Access to Powr of You may be illegal or restricted in certain jurisdictions outside the United Kingdom. It is your responsibility to make sure that your use of Powr of You is not prohibited by law in your own jurisdiction and to comply with any local restrictions which apply.
We are registered in England under company number 08839843 and have our registered office at 239 Old St., Hoxton, London EC1V 9EY.
By registering to use Powr of You, you agree that you will:
- provide true, accurate, current and complete information about yourself as part of the Powr of You registration process and
- maintain and promptly update your information to keep it true, accurate, current and complete.
You will be required to create a password and you will receive an account designation upon completing the Powr of You registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.
3. Acceptable Use
You agree that all information, data, text or other materials ("User Content") which you submit to Powr of You is and shall remain your sole responsibility. You are responsible for your conduct, Content, and communications with others while using the Services. We do not control the User Content submitted to Powr of You and do not guarantee the accuracy, integrity or quality of any such content. You accept that, by using Powr of You, you may be exposed to content that you may regard as offensive, indecent or objectionable. We are not liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via Powr of You.
You must comply with the following requirements when using the Services:
- Upload, post, publish, distribute, disseminate or otherwise transmit any content that is (in our reasonable opinion) unlawful, tortuous, defamatory, abusive, harmful or invasive of another's privacy
- Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements)
- Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the express permission of the owner to post or transmit such material, including, but not limited to, offering pirated computer programs or links to such programs
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Interfere with or disrupt Powr of You or servers or networks connected to the Powr of You, or infringe any requirements, procedures, policies or regulations of networks connected to Powr of You, or interfering with another user's use and enjoyment of Powr of You, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorised access to Powr of You, other users' accounts on Powr of You, or private mailing lists on Powr of You through password mining or any other means
- Violate any applicable law in the UK, any EU State or any other country from which the Site is accessed, including, but not limited to (the Data Protection Act 1998, Consumer Protection Act 1987 or the Financial Services and Markets Act 2000, or any amendments or replacements of such legislation)
- Engage in commercial activities that are reasonably deemed inappropriate by us on Powr of You
Any correspondence or business dealings with, or participation in activities found on or through Powr of You, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Powr of You.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Powr of You. When a breach of this policy has occurred, we may take such action, as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site
- Issue of a warning to you
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You acknowledge and agree that we may preserve content and may, subject to compliance with legislative guidelines regarding personal data, also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with any applicable law;
- enforce these Terms;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Powr of You, its users and the public.
You understand that the technical processing and transmission of Powr of You, including your content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms, and that they comply with them.
Uploading material to our site
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. By posting material to our Site, you warrant that the posting of such material does not infringe the intellectual property rights of any third party.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site at our discretion.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com.
We may provide, or third parties may provide, links to third party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We have no control over the content or security of such sites and resources and, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and have no liability for any content, advertising, products, services or other materials on or available from such sites or resources or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party websites, you do so at your own risk.
Viruses, Hacking and Other Offences
You must not misuse our Site 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 our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
4. Suspension and Termination of Services
You can terminate your use of our Services at any time through the website here or on the mobile apps. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of data collected through use of the Services. Terminations are confirmed immediately.
By Powr of You
Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Services without notice at our reasonable discretion (including where you provide any information that is untrue, inaccurate, not current or incomplete, or where we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete).
From time to time, we may restrict access to some parts of our Services, or our entire Services, to users who have registered with us. We will not be liable if for any reason our Service is unavailable at any time or for any period.
If Powr of You stops providing the Services to you because you repeatedly or egregiously breach these Terms, Powr of You may take measures to prevent the further use of the Services by you.
5. Interactive Services
We may from time to time provide interactive services on our site, including, but not limited to chat rooms, bulletin boards etc. ("Interactive Services").
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
6. Access to Information
You have the right to access information held about you. You can submit your access request here.
7. Intellectual Property Rights and Licences
Save as expressly stated in these terms, we are the owner or the licensee of the intellectual property rights on our Services and in the material published by Powr of You®. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All User Content which you upload or post to Powr of You® shall remain your property and you shall not upload or post any User Content that infringes the intellectual property rights of any party unless you have the permission of the owner. By uploading any User Content to Powr of You, you grant to us a non-exclusive, world-wide, royalty-free, perpetual, non-revocable licence to display and reproduce such User Content, both digitally and in print, without any duty to account to you, provided that such use shall be limited to use for Powr of You's promotional purposes only. All text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Powr of You (other than User Content) or information presented through Powr of You by us or by advertisers is protected by our or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. We may display images and text throughout Powr of You, including the insertion of sponsor messages into messages distributed on Powr of You mailing lists. Content received through Powr of You may be displayed, reformatted, and printed by you for your personal, non-commercial use only.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. Save as expressly authorised by us, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Services must always be acknowledged.
8. Advertisements and Promotions
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Powr of You®, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall have no liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Powr of You.
9. Changes and Updates
Changes to Terms
Powr of You may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Powr of You website. If an amendment is material, as determined in Powr of You’s sole discretion, Powr of You will notify you by email. Notice of amendments may also be posted to Powr of You’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Powr of You to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
Changes to Services
Powr of You constantly changes and improves the Services. Powr of You may add, alter, or remove functionality from a Service at any time without prior notice. Powr of You may also limit, suspend, or discontinue a Service at its discretion. If Powr of You discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Data from that Service. Powr of You may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
10. Disclaimers and Limitations of Liability
Your use of Powr of You® is at your sole risk. Powr of You is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, we make no warranties, express or implied, in relation to your use of Powr of You including, but not limited to, security, warranties of title, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
We accept no liability in respect of, the loss of any or all the data which you upload to our Site. You are therefore strongly advised to keep copies of any data that you upload onto Powr of You®. We are not responsible for the User Content and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through Powr of You.
We make no warranty that (i) Powr of You® will meet your requirements, (ii) Powr of You will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use Powr of You will be accurate or reliable, (iv) the quality of any information obtained by you through Powr of You will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through your use of Powr of You® is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you through or from Powr of You® shall create any warranty not expressly stated in these Terms. We provide information on the Site for informational purposes only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
Limitation of Liability
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of: income or revenue, business, profits or contracts, anticipated savings, data, goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11. Contracting Entity
Who you are contracting with
Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Powr of You Ltd.
Powr of You Ltd
For any Service provided by Powr of You Ltd., the following provisions will apply to any terms governing that Service:
Contracting Entity. References to “Powr of You”, “we”, “us”, and “our” are references to Powr of You Ltd., located at 239 Old St., Hoxton, London EC1V 9EY.
Governing Law. Those terms are governed by the laws of England (without regard to its conflict of laws provisions).
Jurisdiction. Except if prohibited by applicable law, in relation to any legal action or proceedings to enforce those terms or arising out of or in connection with those terms, each party irrevocably submits to the exclusive jurisdiction of the courts of England.
12. Other Terms
You may not assign these Terms without Powr of You’s prior written consent, which may be withheld in Powr of You’s sole discretion. Powr of You may assign these Terms at any time without notice to you.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Third Party Beneficiaries.
There are no third party beneficiaries to these Terms.
The following sections will survive the termination of these Terms: 1, 4, 10, 12, and 13.
13. Terms for Certain Countries
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
If you are located in one of the following locations, the terms thereunder apply.
1. Europe: GDPR Terms
Effective Date and Definitions
These additional terms will apply to you from May 25, 2018, where you are a customer of Powr of You Ltd. and are operating as a “data controller” (as that term is defined in the GDPR) in your use of the Services.
The terms “personal data,” “data subject,” “processing,” and “processor” shall have the meanings given to those terms respectively in the GDPR.
By requesting the Services and agreeing to these Terms and the Powr of You privacy policies, you are providing us with instructions to process any personal data collected by you through the Service, on your behalf.
You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to Powr of You so that Powr of You may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by Powr of You in the provision of the Services.
Powr of You Obligations
Where Powr of You is processing personal data on your behalf, it will:
- only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the Powr of You privacy policies constitute such documented instructions;
- ensure that all Powr of You personnel involved in the processing of personal data have committed themselves to confidentiality;
- where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by Powr of You and is not otherwise available to you through your account and user areas or on Powr of You websites, provided that you provide Powr of You with at least 14 days’ written notice of such an information request;
- promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Services;
- upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 9-12 months after data is deleted from an account); and
- to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.
Powr of You sub-processors
Powr of You uses trusted partners in facilitating certain elements of our Services (“sub-processors”). By agreeing to these Terms, you provide a general authorization to Powr of You to engage onward sub-processors, subject to compliance with the requirements set out here. If you wish to receive a list of sub-processors who handle personal data for Powr of You please complete our form here. On completion of this form and entry of your details through our system, you will receive updates when we add any new sub-processors to this list and you will have 15 days to object to any additions to the list before the change is implemented by us. If you object to a particular sub-processor, who we cannot disassociate from your Services, your sole remedy will be to terminate your subscription relating to the Services that cannot be reasonably provided without the objected-to new sub-processor. Such termination will be without a right of refund for any fees prepaid by you for the period following termination.
Powr of You will be liable for the acts and omissions of its sub-processors to the same extent Powr of You would be liable if performing the services of each of those sub-processors directly under these Terms, except as otherwise set forth in these Terms and Powr of You ensures that all sub-processors on the sub-processor list are bound by contractual terms that are in all material respects no less onerous than those contained in these Terms.
Powr of You has, taking into account the state of the art, cost of implementation and the nature, scope, context and purposes of the Services and the level of risk, implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to your personal data and as specified in our Security Statement which is incorporated by reference into these Terms. At reasonable intervals, Powr of You tests and evaluates the effectiveness of these technical and organizational measures for ensuring the security of the processing.
If Powr of You becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data (“Security Incident”), Powr of You will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident. Powr of You will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Powr of You.
Liability for Data Processing
The parties’ respective aggregate liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any and all claims arising out of or in connection with this Section regarding "Europe: GDPR Terms" section shall be as set out in these terms, unless otherwise agreed in writing.
If you have any concerns about material which appears on our Site, please contact firstname.lastname@example.org