The following defined terms shall apply herein unless otherwise stated.
1.1 App means the Myers-Briggs App and any associated and/or ancillary services or functionality available via the App.
1.2 Data means any and all data and information gathered by the App and/or The Myers-Briggs Company from use of the App by Users, and includes Personal Data, together with any and all other data and information gathered by or through use of the App.
1.3 Inappropriate Material has the meaning given in Section 1.1 of the Acceptable Use Policy.
1.4 Information means any data, facts and other information about you, and other Users, including actions you take, and includes Data and user-generated content.
1.5 Personal Data means any information which is in the possession of The Myers-Briggs Company relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; such Personal Data may include: User information; User registration and account information; personal details given by or about Users (e.g. age, gender, type and other information associated to a User); information given and comments made by Users; and/or other information provided by Users, which when cumulated with other information held in the App and/or by The Myers-Briggs Company could identify a natural person.
1.6 Purchaser means the purchaser who has purchased a license to the App to enable the User to access the App.
1.7 Special category data means Personal Data that needs more protection because it is sensitive, and, in relation to which, processors must identify a lawful basis for processing under applicable data protection legislation and a separate condition for processing.
1.8 User means, you, the individual, named, natural person who has been authorized by a Purchaser to use the App and who has subsequently registered with The Myers-Briggs Company and received registration details (and whose account has not been suspended or terminated). Users shall be referred to as “User” or “you” or “your” as the case may be.
2 Use of the App
2.1 The App is accessible only to Users who have pre-registered for the App (following purchase of a license to the App by an associated Purchaser) and having been allocated registration details by The Myers-Briggs Company, including a log-in and one-time password.
2.2 The App is made available on a one-user-per-account basis. Registration details, including log-in and any User password details, shall not be shared between multiple users. Any loss or theft of such details should be reported to The Myers-Briggs Company as soon as possible in order to replace affected log-in details and any User passwords and/or to disable compromised accounts.
2.3 Users are responsible for ensuring the security of their account and registration details, including log-in and any User passwords. You shall use your best efforts to prevent unauthorized access to or use of the App and shall notify us immediately upon discovery of any unauthorized access or use.
2.5 Our psychometric assessments are designed for adults and are not intended for children (under 16 years of age). Accordingly, in order to use the App, Users shall be 16 years of age or over.
3 User's obligations
3.1 You understand and acknowledge that in order to use the App certain technical requirements relating to hardware and software available to the User will need to be met. You must provide your own computing device, internet access and other equipment and software necessary to access and use the App and use the content therein, and you agree to bear all your own costs.
3.3 Users agree not to upload or post to the App any user-generated content which includes Sensitive Personal Data. This is a condition of use of the App and we reserve the right to delete any Sensitive Personal Data which may be added to the App by a User and to terminate a User’s access and license to the App.
3.4 Users may not make use of Information on the App nor use the App nor use any content therein to create products for commercial sale or other commercial exploitation or for any other purpose than the use of the App as intended by The Myers-Briggs Company and as specifically described in the Terms.
4 Safety of Your Personal Data
- send or otherwise post unauthorized commercial communications (such as spam) on the App;
- collect User content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders or scrapers) or otherwise without our permission;
- upload viruses or other malicious code;
- solicit license, registration or login information or access an account belonging to someone else;
- bully, intimidate, or harass any User;
- post content that is considered Inappropriate Material;
- use the App to do anything unlawful, misleading, malicious or discriminatory;
- do anything that could disable, overburden, or impair the proper working of the App, such as a denial of service attack; and/ or
- facilitate or encourage any of the above.
4.2 Users are responsible and liable for ensuring the information security and safety of their own devices and any Personal Data held thereon, including Users’ own Personal Data and that of others. The Myers-Briggs Company shall not be liable for any losses or consequences arising from loss of data or loss of device of the User.
5 Data Protection and Privacy
5.2 We will retain your Personal Data for as long as you remain active on the App. Where activity on the App by a User has ceased for a period of eighteen (18) months or more, and/or where we may terminate access to the App, we may delete all User Personal Data, and that of any associated third party, and any other information on the App. We reserve the right to revoke your access to the App and to delete any Personal Data and Information held without penalty at any time after your access to the App has been terminated and/or your usage of the App has been dormant for a period of eighteen (18) months or more.
5.4 It is the User's duty to ensure that it has the consent of any third party whose Personal Data the User adds to the App. Users should not enter any Personal Data of third parties without that party’s consent.
5.5 At all times, both whilst your account remains active and thereafter, we reserve the right to retain all Data generated via the App (including any collected through surveys conducted via or as a result of the App) in non-personally identifiable form for our research and development purposes.
6 Intellectual property
6.1 All content presented in the App is protected by applicable copyright, database rights, and other intellectual property rights that belong to, or are licensed to, The Myers-Briggs Company. The Myers-Briggs Company reserves all rights in its intellectual property, including the content and design of the App.
6.2 Users acquire no rights or ownership of copyright or other intellectual property rights or proprietary interest in the same or in any copies thereof. Reproduction of any content, in whole or in part, in any form or media, by any process, is strictly prohibited except: (i) where expressly permitted by law; or (ii) where such reproduction is for the purposes of using the App in accordance with the Terms. You may not republish, disseminate or transmit any material or content presented in the App, nor exploit such material or content for commercial purposes, nor make any derivative work, nor copy it for any other purpose without first obtaining our written permission.
6.3 Notwithstanding the above, if the App provides functionality that allows you to print and download certain materials, then you may print and download those materials from the App without additional charge, provided:
- the material you print is for your personal use or for use within the ordinary course of your employment, including in work-related training and development;
- the material is reproduced accurately;
- the material is not used in a misleading or disparaging context; and
- you identify the source of the material and acknowledge the work’s status as a work copyrighted by The Myers-Briggs Company.
6.4 You shall not sell, resell, rent, or lease your access to the App or any content contained within the App. You shall not reverse-engineer the App or any content made available within the App. You shall not access the App in order to build a competitive product or service or to copy any features, functions, scoring, or content of the App.
6.5 Many of The Myers-Briggs Company's brand names mentioned on the App are registered trademarks belonging to us or our licensors; a full list of these is available in our Copyright and Trademarks statement. You may not remove or obscure any copyright notices, trademark notices, logos or other notices contained in or on content on the App. You shall not make use of any our trademarks in any domain names.
7 Consequences of Misuse of the App
7.1 The Myers-Briggs Company has the right, but not the obligation, to monitor and moderate content added to the App and we are authorized by you in our absolute discretion, and without notice, to remove, disable access to, or amend, edit or delete any contribution which we deem, in our absolute discretion, to be in breach of our Acceptable Use Policy or that we otherwise deem inappropriate, and to remove, block or modify your use of the App for any reason we deem, in our absolute discretion, constitutes non-compliance or a violation of our policies, whether stated, implied or otherwise.
- immediate, temporary or permanent withdrawal of your right to use the App, without notice;
- immediate, temporary or permanent removal of any content posted on the App;
- issuing a warning to you;
- suspend your account and/or your access to the App;
- legal action against you; and/ or
- disclosure of such information or material to law or regulatory enforcement authorities as we reasonably deem necessary or as required by law.
7.5 We shall fully cooperate with any law or regulatory enforcement authority or court order requesting or directing us to disclose the identity or locate anyone contributing any Information or material in breach of the Terms. We exclude our liability for all action we may take in response to breaches. The actions detailed in this Section 7 are not limited and we may take other action we deem appropriate.
8 Term & Termination
8.1 Your use of the App is governed by the Terms from the time you create your account and access the App and will remain in effect (as updated from time to time by us) for as long as your registration remains active and in good standing.
8.4 If your license and access to the App is terminated by us or you or expires for any reason (including, without limitation, by deletion), then: (i) you will immediately lose all access to the App and any Information or content held within the App; (ii) you will immediately stop making use of our intellectual property and content within the App and these are no longer available to you; and (iii) neither you nor the Purchaser who enabled your access to the App will receive any refund in relation to any unexpired term of the license to the App.
9 Support, Downtime, & Availability
9.1 If you need assistance with creating your account or using the App, we will provide you with limited, basic support (as determined by us in our sole discretion). Please contact us using the information in Section 11 below.
9.2 The Myers-Briggs Company will use commercially reasonable efforts to make the App available at all times except for planned downtime and unavailability caused by circumstances beyond our reasonable control, including without limitation: acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures, Internet service provider failures, and other technology failures. Notwithstanding any of the foregoing, you have no expectation regarding the availability or functionality of the App. You agree that your registration and access to the App is not contingent upon the delivery of any additional functionality or any additional support from us.
9.3 The Myers-Briggs Company reserves the right to make any or all of the App unavailable at any time without notice to you.
10.1 Our liability arising under or as a result of the provision or use of the App or the content therein, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by the Purchaser for your license to the App.
10.3 SUBJECT TO SECTION 10.2, IN NO EVENT SHALL THE MYERS-BRIGGS COMPANY'S LIABILITY TO YOU OR THE PURCHASER HEREUNDER, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN AGGREGATE THE TOTAL AMOUNT PAID BY THE PURCHASER IN RELATION TO YOUR LICENSE TO THE APP AND ACCESS FOR YOU TO THE APP. IN NO EVENT SHALL THE MYERS-BRIGGS COMPANY HAVE ANY LIABILITY TO YOU OR THE PURCHASER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE MYERS-BRIGGS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE APP IS PROVIDED “AS-IS.” THE MYERS-BRIGGS COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE APP OR ANY CONTENT THEREIN, INCLUDING ANY REPRESENTATION THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MYERS-BRIGGS COMPANY DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
10.4 Furthermore, we do not warrant or represent that the App will operate without interruption, and we have no liability for the inability of anyone to access the App or the content within the App or functionality that forms part of the App. We reserve the right to carry out maintenance and development on the App, which may cause interruption to it.
10.6 You agree to defend and indemnify The Myers-Briggs Company, its officers, directors, employees, and assigns against any claims, damages, losses, costs, or liabilities of any kind (including reasonable attorneys’ fees) arising out of or in connection with any actual or alleged breach of the Terms, or in connection with any third-party suits or claims alleging matters which, if true, would constitute a breach of the Terms.
11.2 The Terms are governed by the laws of the applicable entity of The Myers-Briggs Company with whom the Purchaser registered for the App on your behalf. The place of performance of the contract will be the country of incorporation of that entity.
11.3 If we fail to enforce, or delay enforcement of, any provisions of the Terms, it will not be considered a waiver of our rights to do so. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, that provision shall be severed from the Terms, and the remaining provisions of the Terms shall remain in effect. Any provisions of the Terms that by their nature would survive shall survive any termination or expiration of the Terms and/or termination or expiration of your registration and access to the App.
11.4 You may not assign any of your rights or obligations under the Terms, whether by operation of law or otherwise, without the prior written consent of The Myers-Briggs Company.
11.5 Notices to us shall be in writing and addressed for the attention of our General Counsel. All notices to you shall be addressed to the most recent contact information associated with your registration.
11.6 If you wish to raise a query regarding the App or require assistance in relation to our products and services, please contact your local representative or your local Customer Support team below. If you have a data protection query or complaint, please contact firstname.lastname@example.org if you are in the US or otherwise outside the UK or European Union, and email@example.com if you are within the UK or the European Union.
The Myers-Briggs Company Limited