Terms of Use* | Ideateplus

From everyone at IdeatePlus, thank you for using our products! We build them to help you do your best work. There are many people using IdeatePlus products every day. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to IdeatePlus SARL.

When we say “You” or “your” in the document, we are primarily referring to the company that employs the Innovation Champion in charge of setting up the company profile and specific innovation challenges with the IdeatePlus crowdsourcing app. The Innovation Champion, acting on Your behalf and for Your account, is responsible for nominating and maintaining the list of functional experts and employees for each innovation challenge launched by Your Innovation Champion. Notwithstanding the role played by the Innovation Champion as an individual, You, as a customer, are accountable as set out below for any breach or misbehavior resulting from the access and use of our Services by Your Innovation Champion, functional experts or employees. In other words, You as a company are to draw your users’ attention upon these Terms of Use and ensure that they comply with them. In these Terms of Use, “You” is therefore meant to be understood as referring to any of your users, be it the Innovation Champion, functional experts or your employees.

When we say “Services”, we mean any product created and maintained by IdeatePlus, SARL, whether delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Use in the future. Whenever we make a significant change to our policies, we will also announce them on our company blog as well as by sending you an email to that effect to the address indicated during your account creation.

When You use our Services, now or in the future, You are agreeing to the latest Terms of Use. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Use; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you, your Innovation Champion, functional experts or employees violate any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Account Terms
1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up two-factor authentication for added security. In some of our Services, we may require it.
2. You may not use the Services for any purpose outlined in our Use Restrictions policy.
3. You may not under any circumstance use our Services for illegal purposes, notably, but not only, by launching ideas and inviting employees to work on ideas which aim at an illegal purpose or at circumventing the laws and regulations.
4. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
5. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes
1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
2. When you register for the Service, IdeatePlus provides you a limited, revocable, non-exclusive, non-transferable right and license to use the Service for a limited time for free (“Free Trial Period”). The term for the Free Trial Period will begin on the date of your registration for the Service and will continue for a period of thirty (30) days, unless extended or sooner terminated in accordance with the Agreement. Upon completion of the Free Trial Period, you will be presented with the option to terminate your access to the Service, or convert to one of the paid Service plans as displayed on our website by providing standard credit card information in addition to the information you provided to IdeatePlus upon registration.
3. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation policy for more details.
4. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination
1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in our Cancellation policy. An email request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact our Support team on [email protected].
2. You will be entitled to retrieve Your content within 30 days following termination. Within 60 days, all content will be permanently deleted from active systemes, logs and our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data we will provide you with instructions with the notice of termination.
3. You may cancel your account at any time for the end of your subscription. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices
1. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Sometimes we change the pricing structure for our products. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy
1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for any of our Services but do take uptime of our applications seriously.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the Innovation Champion account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for more details.
4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that IdeatePlus may process your data as described in our Privacy Notice and for no other purpose. We as humans can access your data for the following reasons:
  - To help you with support requests you make.
  - To safeguard IdeatePlus. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
  - To the extent required by applicable law.

Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours. You however grant us a licence upon such material to the extent required to enable us to provide You with the Services.
2. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
3. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
5. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
6. We welcome any feedback. You understand that we may or not decide to use any feedback you provide to us; provided, however that, whether we use it or not, you shall not be entitled to any compensation in return for such feedback, and that We shall still own any rights, including intellectual property ones resulting from the implementation and output of such feedback.

Features and Bugs
1. We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
2. We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Services Adaptations and API Terms
1. We may offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

Liability
1. We mention liability throughout these Terms but to put it all in one section:
2. In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our best to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.
3. You will be solely and exclusively liable and shall indemnify Us of any prejudice that may result from Your breach of these Terms of Service and referred to Policies, notably Our Use Restrictions policy, Your material and, more generally, Your access and use of Our Services.
4. If you have a question about any of the Terms of Service, please contact our Support team on [email protected].

Representation and warranty
A. Should Your account (as set out above under sections 2 and 3) be created by Your Innovation Champion, You as an Innovation Champion hereby solely, personally and individually represent and warrant that You are entitled to enter into a paid subscription plan on behalf and for the account of your company, and to use the credit card processed during such account creation to that effect.

B. Should Your account (as set out above under section 2 and 3) be created by someone else than Your Innovation Champion (“Creator”), You as a Creator hereby solely, personally and individually represent and warrant that You are entitled to enter into a paid subscription plan on behalf and for the account of your company, and to use the credit card processed during such account creation to that effect.

C. In case of a breach of the above representations and warranties, You as a company, the Innovation Champion (in case of a.) or the Creator (in case of b.) shall indemnify us, our directors and officers for any damage that may result for us of any such misrepresentation.

Governing Law and Jurisdiction
These Terms of Use shall be governed by Swiss Law, to the exclusion of its International Private Law Statute. Any dispute arising out of or resulting from these Terms of Use shall be subject to the exclusive jurisdiction of the Chambre Patrimoniale du Canton de Vaud, seated in Lausanne, to which the parties hereby irrevocably agree to be submitted.

*Inspired by Terms of Service by Basecamp and licensed under CC by 4.0