Terms & Conditions

1. Introduction

LaunchBoard IO owns and operates www.launchboard.io and other related websites with links to these Terms and Conditions (collectively, the “Site”). LaunchBoard IO provides access to a collection of resources related to business planning, modelling and testing (the 'LaunchBoard IO Services' i.e. ‘Services’).

  1. Individuals and organizations (‘Clients’) who have registered for Services by creating an account have accepted these Terms and Conditions as described below, and
  2. Users invited and authorized by Clients to access and use the Services (‘User’).

Clients may be individuals, companies, universities and government agencies. Users may also be individuals or companies, universities and government agencies. Clients may invite Users to create accounts, under the terms of their specific usage license, to use the Services. The following Terms and Conditions, along with LaunchBoard IO's Privacy Policy, and any additional documents referenced therein (collectively, the "Agreement"), set forth the entire agreement regarding the use of the Site and Services. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site. All such additional guidelines, terms, and rules are hereby incorporated by reference into this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT

  1. YOU ARE A CLIENT OR USER,
  2. IF YOU ARE THE FIRST USER OF A CLIENT TO REGISTER FOR AN ACCOUNT ON THE SITE OR IF YOU ARE CREATING A MASTER ACCOUNT, YOU HAVE THE AUTHORITY TO BIND THE CLIENT TO THIS AGREEMENT, AND
  3. YOU AGREE TO THIS AGREEMENT. IF YOU CANNOT MAKE ANY OF THE FOREGOING REPRESENTATIONS AND WARRANTIES, DO NOT ACCESS OR USE THE SERVICES.

2. Term; Scope

This Agreement is active from the point of initial registration by Client or User. The Agreement shall remain active and in place until such time as:

  1. Client closes their account and the associated Users choose not to migrate their account and continue service
  2. Users or Clients requests their account to be permanently closed

All data associated with accounts, User or Client, which have become inactive due to non-payment or discontinuation of subscription will continue to be subject to the appropriate sections of this agreement.

We reserve approval authority regarding the implementation and use of the Services on the Site. We reserve the right to suspend the Services should we find an implementation issue with the Site. Any suspension of Services will remain in place until the issues, as outlined by LaunchBoard, are corrected. A suspension of Services shall not relieve you of your payment obligations under the Agreement.

3. License to and Description of Services

LaunchBoard IO grants a Client and its Users a nontransferable license to use the Services during the Term and in accordance with this Agreement. Any new features or content which LaunchBoard IO may develop and add to the Services will be subject to the terms of this Agreement and may:

  1. Be eligible for additional fees
  2. not be available to all types of licenses
  3. Client and Users agree not to:
  4. permit any third party to use their account to access Services
  5. license, transfer, or assign, the Services
  6. modify or make derivative works based upon the Services
  7. introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services
  8. "frame" or "mirror" any content contained on, or accessible from, the Services on any other server or Internet-based or Internet-connected device or service; or
  9. reverse engineer or access the Services in order to
    1. build a competitive product or service,
    2. build a product using similar ideas, features, functions or graphics of the Services, or
    3. copy any ideas, features, functions or graphics of the Services.
    4. Content contained in the Services, including User Content but excluding Client Confidential Information ("LaunchBoard IO Content") may not be modified, republished, reproduced, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of LaunchBoard IO. Client and all Users must abide by all copyright notices, information, or restrictions related to any LaunchBoard IO Content.
    5. LaunchBoard IO reserves all rights of ownership in the Services not expressly granted to Client or any User in writing herein
    6. LaunchBoard IO collects, uses, and discloses personally identifiable information of Client and Users in accordance with the terms set forth below and the LaunchBoard IO Privacy Policy, available at http://www.launchboard.io/privacy.
    7. LaunchBoard Services may include communications with Client and Users such as service and administrative announcements, newsletters and other prompts.

4. Ownership and License Rights to Content on the Services

  1. Ownership of Content. Users retain ownership of all intellectual property rights to the information and content created or uploaded by them to the Services ("User Content"), and LaunchBoard IO and/or third parties retain ownership of all intellectual property rights in all Content other than User Content.
  2. User Content License to LaunchBoard IO. When a User uploads or transfers User Content to LaunchBoard IO through the Services, it gives LaunchBoard IO a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of such User Content. The rights each User grants in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing LaunchBoard IO to develop new Services. The reference in this license to "derivative works" is not intended to give LaunchBoard IO itself a right to make substantive editorial changes or derivations, but does enable Users to redistribute User Content from one area to another in a manner that allows Users to, e.g., add their own text or other content to another User's User Content.
  3. Each User also agrees that this license includes the right for LaunchBoard IO to make all User Content available to third parties selected by LaunchBoard IO, so that those third parties are able to support LaunchBoard IO in its provision of the Services. This license to your User Content continues even if the User stops using the Services.
  4. Each User also agrees that it will respect the intellectual property rights of others, and represent that it has all of the necessary rights to grant LaunchBoard IO this license for all User Content it submits to the Services.
  5. Content License to Users. LaunchBoard IO grants each User a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of User Content solely in connection with such User's use of, and in accordance with the functionality and restrictions of, the Services.
  6. Access to User Content. All User Content entered by an User is available to the Client (and its representatives) that invited the User. Each Client may, at its discretion, make User Content available to other Users as described in the Privacy Policy. User Content entered by a User will remain available within the Services as described in these terms even after termination of a User's account.
  7. Without limiting any of the foregoing, LaunchBoard IO has created shared resources for Clients and Users under all Client accounts. These resources may eventually include a shared CRM tool with a database of potential customers. This database will be created by storing and sorting any data entered by Users through the Services. LaunchBoard IO may, additionally, adapt and republish, with attribution, any training or teaching Content created or uploaded, through the services, by a Client for their Users. Each Client and User agrees that all such information is deemed User Content and may be used for the development of such shared resources in addition to any other purposes stated by LaunchBoard IO.

5. Client Responsibilities

Client, and each User, agrees not to use the Services to:

  1. transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, constitutes hate speech, or is otherwise offensive or objectionable
  2. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  3. plan, design or transmit any material that contains adware, malware, spyware, 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
  4. impersonate any person or entity, or otherwise misrepresent affiliation with a person or entity
  5. interfere with or disrupt LaunchBoard IO servers or networks connected to LaunchBoard IO, or disobey any requirements, procedures, policies, or regulations of networks connected to LaunchBoard IO. The Services may integrate third-party services (for example, Unbounce, Google Apps, Dropbox, WebEx, Twitter or Facebook) allowing Client and Users to post and import information to and from Web sites outside the Services. Client, and each User, agrees to inform itself of the terms and conditions of each of these integrated third-party services prior to use, and abide by such terms and conditions if Client utilizes such integrated services. If it is determined at any time that Client or any User is in breach of this Section 4, LaunchBoard IO may suspend services until the issue is resolved to LaunchBoard IO's satisfaction, if Client does not first remedy the issue within the cure period set forth in LaunchBoard IO's notice to Client.

6. Trademarks

"LaunchBoard IO" and the LaunchBoard IO logo, as well as certain other words and logos displayed on the LaunchBoard IO website or in LaunchBoard IO Content, constitute trademarks, trade names, or service marks ("Marks") of LaunchBoard IO or other entities. Client is not authorized to use any such Marks without prior written consent from LaunchBoard IO. Ownership of all such Marks and the associated goodwill remains with LaunchBoard IO or those other entities.

7. Links

LaunchBoard IO's inclusion of web links in the Services to any other Website or Internet resource is for Client or Users’ convenience only. The inclusion of these does not signify LaunchBoard IO's endorsement of this Website, Internet resource or its contents. LaunchBoard IO shall have no responsibility or liability for any information, software, or materials obtained from third-party Web sites or Internet resources.

8. Passwords and Security

Accounts are specific to the entity subscribing. Client and each User are prohibited from sharing their Account login information. Every Subscriber is responsible for maintaining the confidentiality of their Account and passwords, and Client and its Users are exclusively responsible for all activities that occur under such accounts. Client and each User agrees to immediately notify LaunchBoard IO of any unauthorized use of their Account or any other breach of security.

9. Payments

  1. General Terms
    1. Current fees for the selected Subscription will be automatically charged to the payment instrument on file immediately upon completing the ordering process.
    2. Subscription Payments
    3. Payments operate on a pre-pay basis and will be automatically processed and charged to the payment instrument on file at the end of the term. The amount and date of processing will be determined by the term and subscription type chosen.
    4. LaunchBoard IO shall have no obligation to refund prepaid fees under any circumstances.

10. Termination

Client or Users may terminate their LaunchBoard IO Account and access to the Services at any time by submitting a request via email to support@launchboard.io at any time.

LaunchBoard IO may terminate, suspend or limit access to your account and services, without prior notice. Cause for termination, suspension or limiting of access shall include, but not be limited to:

  1. Break or violation of these TOS or other agreements or guidelines
  2. Request by law enforcement or other government agencies
  3. Discontinuance or material modification to the LaunchBoard IO Services
  4. LaunchBoard is unable to process payment for continued subscription

Upon termination of Client's account, for any reason, LaunchBoard IO reserves the right to

  1. delete any User Content under Client's account
  2. prohibit access to the account by Client and each User under Client's account,
  3. refuse future access to the Service by Client and each User under Client's account.

Upon termination of an User's account for any reason, LaunchBoard IO reserves the right to

  1. prohibit access to the account by the User
  2. refuse future access to the Service by the User.

11. Indemnification

You agree to indemnify and hold LaunchBoard IO and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party (including Users) due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the LaunchBoard IO Services, your use of the LaunchBoard IO Services, your connection to the LaunchBoard IO Services, your violation of the TOS, or your violation of any rights of another.

12. Warranty Disclaimer

LaunchBoard IO AND ITS SUPPLIERS PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE" AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. LaunchBoard IO AND ITS SUPPLIERS DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES. LaunchBoard IO AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, OR ERROR-FREE. LaunchBoard IO DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE COLLECTION, STORAGE, REPRODUCTION, AND PROVISION OF THE USER CONTENT TO CLIENT AND CLIENT'S USE OF USER CONTENT.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LaunchBoard IO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LaunchBoard IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE LaunchBoard IO SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LaunchBoard IO SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE LaunchBoard IO SERVICE.

15. General

a. Each party, at its sole respective cost and expense, shall comply with all present and future federal, state and local laws, ordinances, rules, regulations, directives and guidelines applicable to its performance or use, as applicable, of the Services (collectively "Laws") including, without limitation, all data privacy and processing Laws, and all intellectual property and licensing Laws.

b. Nothing in this Agreement is intended or shall be deemed to constitute a partnership, agency, employer-employee, or joint venture relationship between the parties. There is no fiduciary duty or special relationship of any kind between the parties to this Agreement. Each party expressly disclaims any reliance on any act, word, or deed of the other party in entering into this Agreement.

c. If any portion of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the remainder of the Agreement shall continue in force and, if needed, the parties or a court of competent jurisdiction shall substitute suitable provisions having like economic effect and intent. All waivers by either party will be effective only if in writing. Any waiver or failure by either party to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. "Includes" and "including" are not limiting. This Agreement may only be modified as provided for herein, and otherwise cannot be modified, terminated or amended in any respect orally or by conduct of the parties without written agreement by the parties.

d. LaunchBoard IO may freely assign this agreement to any other party without consent or notice. A Client or User may assign this agreement to a third party only with LaunchBoard IO's express prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void.

e. From time to time, LaunchBoard IO may review and alter its subscription packages, including the term, included features, the nature of the Services, pricing assumptions and LaunchBoard IO's pricing model. LaunchBoard IO may, in its sole discretion, change this Agreement, the Services, pricing, pricing assumptions and/or the pricing model, at any time. LaunchBoard IO may notify Client by conspicuously posting notice of such changes on its Site, or sending e-mail to Client and/or Users. Client and each User is responsible at all times for updating its Account, as applicable, to provide to LaunchBoard IO its most current e-mail address. If the last e-mail address that Client or an User has provided to LaunchBoard IO is not valid, or for any reason is not capable of delivering to Client or the User the notice described above, LaunchBoard IO's dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If Client or User objects to any such changes, their sole recourse shall be to cancel their subscription to the Services. Continued use of the Services following this 30 day notice period of any changes shall constitute Client's or the User's acceptance of such changes, as applicable. LaunchBoard IO reserves the right to modify, suspend, or discontinue the Services with or without notice. LaunchBoard IO will notify Clients and Users via the Services of any significant updates thereto. LaunchBoard IO shall not be liable should LaunchBoard IO exercise its right to modify, suspend, or discontinue the Services.

f. Each party agrees that it has reviewed and approved this Agreement, and accordingly any presumption or rule of construction permitting ambiguities to be resolved against the drafting party shall not be employed in the interpretation or application of this Agreement.

g. This Agreement shall be construed under the laws of the Province of British Columbia, notwithstanding any choice-of-law principle that might dictate a different governing law. Each party irrevocably agrees, consents and submits to the exclusive jurisdiction of and venue in the federal and provincial courts located in Vancouver, BC with respect to any dispute arising out of or relating in any way to this Agreement.

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