This is a contract between you (the Customer) and us (Better Weekdays, Inc.). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document so some of the language is necessarily "legalese", but we have tried to make it as readable as possible. These terms are so important that we cannot provide our products and services to you unless you agree to them. By using Mentor Spaces Subscription Service, Mentor Spaces App, Mentor Spaces Clarity Assessment, offsite collection of data services, such as "Mentor Spaces Pulse" plugin, or receiving the Consulting Services, you are agreeing to these terms.
We periodically update these terms. If you have an active Mentor Spaces subscription, we will let you know when we do via an email or in-app notification.
Finally, we know legal terms can sometimes be difficult to navigate, so we wanted to give you a roadmap of the Agreement:
"Billable Users" means those types of Users (defined below) for which we charge you fees as set forth in our Product and Services Catalog.
"Billing Period" means the period for which you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
"Communication Services" means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter) linked to or from the Subscription Service that enable you to communicate with the public or with a private group.
"Confidential Information" means all information provided by you or us ("Discloser") to the other ("Receiver"), whether orally or in writing that is designated as confidential. Confidential Information will include Customer Data and information about the Discloser's business plans, technical data, and the terms of the Order. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.
"Contact" means a single individual (other than a User) whose Contact Information is stored by you in the Subscription Service.
"Contact Information" means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.
"Consulting Services" means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.
"Crowdsourced Data" means the information you submit to us to update the data in certain properties in our company database. Crowdsourced Data will not be considered Customer Data or Confidential Information for purposes of this Agreement.
"Customer Data" means all information that you submit or collect via the Subscription Service. Customer Data does not include Enrichment Data.
"Customer Materials" means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.
"Email Send Limit" means the number of emails that you may send in any given calendar month.
"Employer Users" means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.
"Enrichment Data" means the data we make available to you as part of the Subscription Service and Crowdsourced Data. Enrichment Data also includes information about Users, such as social media handles, avatars, and alternate email address, that we obtain from public or third party sources.
"Free Services" means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.
"Full-Service Products" means our Employer Branding and Recruiting Platform, known as Mentor Spaces.
"Job Seeker Users" means students and people looking for a career or planning to who use Mentor Spaces for their benefit and have unique user identifications and passwords for the Free Service.
"Maximum Campuses" means the maximum number of campuses you are permitted to access with the Subscription Service as identified in your Order Form, plus any campuses added as part of an upgrade.
"Order" or "Order Form" means the Mentor Spaces-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services. Most Orders are completed through our online payment process or via in-app purchase. The Order may be referred to as a "Statement of Work" if you are purchasing only Consulting Services.
"Sensitive Information" means (a) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver's license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information; and (b) any information defined under EU data protection laws as ‘Sensitive Personal Data’.
"Subscription Fee" means the amount you pay for the Subscription Service.
"Subscription Service" means all of our web-based inbound marketing and sales applications, tools and platforms that you have subscribed to by an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via http://mentorspaces.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you.
"Subscription Term" means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-Mentor Spaces apps available from, for example, the following: our integrations products page, partner directory, template marketplace, links made available through the Subscription Service and non-Mentor Spaces services.
"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including Communications Services.
"Mentor Spaces", "we", "us" or "our" means the applicable contracting entity as specified in the ‘Contracting Entity and Applicable Law' section.
"Mentor Spaces Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data.
"You", "your" or "Customer" means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer.
B. General Commercial Terms
C. Subscription Terms
D. Product Disclosures
E. General Legal Terms
If you want to send us notices or service of process, please contact us: firstname.lastname@example.org.