PLAYBOOKS TERMS & CONDITIONS
Welcome to PlayBooks! We believe you are here for all the right reasons and we can’t wait for you to get started, but we want to make sure we are all on the same page. So before you can use our service or site you will need to accept these terms.
We know it’s not fun to read this stuff and we hope we’ve kept it light and easy to understand but unfortunately this is serious stuff including legal obligations and rights. By using our service you agree to these terms.
Please keep in mind, as things change we will have to update these terms regularly. By continuing to access and use the service you agree to the updated terms.
Latest update: 7 July 2020
UNDERSTANDING WHO’S WHO & WHAT’S WHAT
(These are essentially the terms and definitions which help avoid confusion without having to repeat each variation of the word or everything it includes each time we refer to it.)
- You or Your, User or Users: this means you or the entity you are authorised to represent agree.
- Us, we, our, PlayBooks, Playbooks Ltd or PlayBooks.Live: we are the providers of this Service and you are bound to by these terms including the responsibility to pay fees to subject to your subscription agreement.
- Services: This covers everything we offer including our website, our web application, any mobile applications or products we currently offer or develop in the future.
- Subscription or subscription agreement: Anyone who signs up for our services as a user becomes a subscriber. Not all subscriptions require a fee but all are still covered by the terms. If you are on a paid subscription you are responsible for ensuring payment is received by PlayBooks as per the agreement.
- What’s ours: We own everything contained in our services except the content of the PlayBooks contributed by users. This includes the way our system looks, operates, all logos, trademarks, all content and playbooks created by us and all other intellectual property.
- Data: All data, content, playbooks, plays or information (including personal information) which is owned, held, used or created by you or on your behalf that is stored or used in the service.
- Public data: Data that is surfaced to any user outside of your account such as public plays or a public playbook.
Free Trial Terms
By participating in the Free Trial, you agree to be bound by our Terms & Conditions and the following Free Trial terms. In the event of conflict, these Free Trial Terms shall govern.
The Free Trial period will be for twenty one (21) days from the date you activate the Free Trial. At the end of the twenty one day period, your plan will revert automatically to the Free subscription plan which offers limited services including 5 meetings per month.
Prior to the end of your free trial we will endeavour to remind you by email of the upcoming expiry. At any time during or after the Free Trial period you can subscribe to a paid plan which will then start at the end of the Free Trial period. PlayBooks reserves the right to make modifications to these plans as per the Terms & Conditions.
Ownership of Content.
There is a lot of amazing content and information on the PlayBooks platform. “Who owns what?” we hear you ask. Great question.
We, PlayBooks are the host of this awesome content, whilst you, your company or brand own the specific content that you have created, but not the content that others have created. Think of your favourite video or music streaming service. Yeah - just like that.
(This is a bit of information about how Beta works and how to have good Karma.)
- This product is a Beta test product and is not in final release form, we hope you get this. You understand that the product may contain defects and flaws and is made available on an “as is” basis, at the user’s own risk - folks it’s beta that’s what it is.
- You are special and have been given access because we want to work closely with you but you cannot transfer your subscription or access to our services to any other person. All the terms for services still apply to you.
- To the extent permitted by law (yeah more boring legal stuff sorry), we will not be liable or responsible for any damage, loss, claim or expense suffered or incurred by the user or any third party as a result of the use of the service. The best we can offer is that you cancel your subscription agreement with us.
- As a beta user, you agree to provide us with regular feedback on the product, including defects and flaws; that’s the whole purpose of this! However, despite how strongly you feel and you may even be right, we still aren’t obliged to change or fix the service in any way.
- As a beta user, you agree to play nice. You agree that we own all the property rights to the service, including any changes, ideas or modifications we make to the service based on your feedback (excluding content of any PlayBooks you create). Because you love us (or not) and because you agreed to these terms, you may not challenge or contest these rights. And finally, because you're really a good bugger, you promise not to disclose to any third party any information about our product or service or your feedback to us - karma is good but this is legal stuff.
FEES & TERMINATION
(This is to help you understand your subscription and how it works if you ever sadly decide to leave us.)
- Subscription fees: Subscriptions require a monthly fee as specified in the subscription plan. It’s really important that you pay the fee on time to avoid losing access to the system. Fees are due upfront for the service for that month.
- Monthly Subscription Term: Your subscription term is for the period of one month. Your subscription will automatically continue for a further one month period until your subscription is terminated under these terms. No part month refunds will be given.
- Annual Subscription Term: Your subscription term is for the period of one year. Your subscription will automatically continue for a further one year period until your subscription is terminated under these terms. No part year refunds will be given.
- Free Trial Terms: refer to our specific terms for the Free Trial here.
- Subscription upgrade: You may upgrade your plan at any point in time. A one of charge will be made at the time of upgrade for the balance. You will be charged the full subscription amount on the next billing cycle.
- Subscription decrease: You may downgrade your subscription at any time. No credit will be issued for the balance of the term (Annual or Monthly).
- Billing: Billing will be as per the term of your subscription either Monthly or Annually.
- Termination: You may terminate by giving one months written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination. Termination of these Terms does not affect you or our rights and obligations that accrued before that termination.
- Tax: Depending on your region, subscription fees may be inclusive or exclusive of taxes (such as GST or VAT) we will make sure to clearly show this on your invoice.
- Additional fees: Additional services may incur additional fees but we will let you know before you sign up or incur that fee.
- Increase of fees: While we never want to increase fees, over time this may need to happen as the product evolves and costs increase. We reserve the right to increase the Fees by giving at least 30 days’ notice. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Fee increase. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have accepted the increased Fees.
- Refunds: Sorry, but refunds will not be issued for part month or for prepaid annual plans in the case of early termination.
- Third-party service fees: Any third-party services (like integrations) must be paid for separately and directly to the third party unless specified in your subscription. Your subscription may cover the cost of the integration between services but does not cover the third-party subscription fee unless specifically stated in your subscription.
- Retention of data upon termination: Upon termination by you, your data and our services will no longer be available to you unless you renew your subscription. We are under no obligation to retain your data for any specified period of time. It is your responsibility to ensure you have a copy of all your data prior to termination. However, we will attempt to contact you prior to completely deleting your data from our services. Where we have had to terminate services we may opt to either return your data to you or provide you limited access to do so. You may also specifically request that your data be completely removed by contacting us at firstname.lastname@example.org.
- Retention of public data upon termination: Where data that is public data, such as a playbook, we reserve the right to continue using that data publicly unless you specifically request for the data to be removed by emailing email@example.com.
- Access restrictions, termination and data removal: We reserve the right to block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment or for any other breach of our terms. We also reserve the right to restrict or suspend your access to the service and/or delete, edit or remove the relevant Data if we consider or are made aware that you have:
- Undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
- Used, or attempted to use, the service for improper purposes;
- In a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
- Failed to pay your subscription fees;
- Breached any of the terms of this agreement after 14 days notice of the breach.
- Become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
YOUR DATA, RIGHTS AND RESPONSIBILITIES
(These are the things you agree to do on your end and what belongs to you so it’s probably worth reading this closely.)
- Your account: You agree to keep your contact information on your subscription agreement up to date. You also agree to protect your password and make sure it’s not easy to guess. You also agree not to impersonate another person or misrepresent authorisation to act on behalf of others or us.
- Your data, plays & playbooks: Any data uploaded into the service including; content designed as plays or playbooks, is considered your data, we don’t own it, but you give us the rights to review, classify, use, copy, transmit, store, analyse and back up all data, excluding personal data. This is to create a better system, protect and offer users a better service and experience.
- Other users data, plays & playbooks: Some playbooks will be private and some will be public. Other user’s playbooks are not your data. You have the right to use branded plays & playbooks in meetings as the system was designed. You do not have the right to claim others data as your own work, reuse it as your own intellectual property or content for business, marketing or other without giving credit and linking to the source website. You are not permitted to sell or resell other users' plays or playbooks content under any circumstances. Using others’ data from our services, including but not limited to plays or playbooks, on your website or in any other promotional way outside of our services not permitted.
- Commercial activity: You agree not to resell any part of the service to any third party or commercially exploit the service.
- You are responsible for: Procuring all licences, authorisations and consents required for you to use the Service, including to use, store and input Data into, and process and distribute Data through the Service. You agree that you will be held liable for any breach of license, copyright or consent when adding data to the system.
- Keeping it lawful: You agree not to use this for any illegal purposes (such as but not limited to the selling of any illegal drugs, planning of theft or other plans that are against the law) or to commit fraud.
- Anonymised data: You agree that we may anonymous and aggregate your data for our own internal process, for creating insights which we can share or use as intellectual property. Essentially this means we can share information that does not specifically identify you or include any personal information but that may give insights across a group of data.
- Disputes: If you have any concerns or disputes you agree to first contact us and give us the opportunity to resolve your complaint. If we are unable to do so to your satisfaction, you and we agree to resolve those disputes through binding arbitration or small-claims courts instead of courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
DATA, PRIVACY & PERSONAL INFORMATION
(This is super important stuff on how we handle information about you, you know the kind that might be sensitive like contact information.)
- Personal information: We take this seriously and will do everything possible to respect and protect your privacy and the privacy of your contacts or customers. Personal information includes but is not limited to your name, email, address, telephone number, support queries, community comments as well as location data, your Internet Protocol (IP) address, the advertising identifier of your phone or your device type.
- Prohibited sensitive personal information: Any sensitive personal information is prohibited from being stored on our services except your payment details and only where specified in our services. We accept no liability for sensitive personal information stored in our services in violation of these terms. Sensitive Personal Information includes but is not limited to any data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health, data concerning a natural person's sex life or sexual orientation as well as any data that is protected under foreign or domestic laws or regulations which includes credit card details, bank details or tax identifiers.
- Retention: We will need to retain your personal information for as long as we have a relationship and for a short time period afterwards where we have an ongoing business need to retain it.
- Personal information you provide: Like most companies, there are a lot of ways that we collect personal information about you and we want to be transparent about that. We typically collect and store personal information anywhere that you provide like when you sign up for our services, when you contact us, when you take part in any of our events, emails or training. These are pretty obvious because you provide the information to us specifically.
- Personal information we collect: Also like most companies, we collect information about you automatically that you may not realise and so we also want to be transparent about this. We automatically collect data about you such as your device type, your IP address and what pages you navigate through on our site or services. We also look at what you click on and search in order to provide you with the best experience possible. Some of this is collected using cookies or similar applications.
- What we get from third-parties: The personal information about you that we get from third-parties relates mostly to our integration partners, other users that create public playbooks and social media. We may also collect information from marketing and research partners in order to personalise our service to you.
- How we use your data or personal information: We use your data to communicate with you, including support and offering additional services to you, to improve our services to you, to ask for your feedback. All of our marketing will give you a clear option to unsubscribe but if you can’t see it please email firstname.lastname@example.org. As part of improving our service, we may also use your data to create insights that allow our users a better understanding of what’s important to you. We will either anonymous your data or get your permission before sharing your personal information.
- Who we share your data or personal information with: We may share your data or personal information but not necessarily both in order to conduct our business operations. Where possible we will always anonymise your data for everyone’s protection. We will share your data in the following instances:
- Where necessary with third-party providers or service providers that provide services directly to us, such as entering your contact details into a customer relationship management system (CRM);
- Where required by law or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this.
- Where you have given your consent, such as integration partners or playbooks creators.
- Where necessary as part of selling the business or a merger or acquisition of any or all of the business.
- International data: We may store your data or personal information in other countries than the one you live, including where we have backed up your information for better security. We are sensitive about where your data is stored and work hard to ensure that there are safeguards in place to secure this.
- Personal information rights: You have rights relating to your personal information. You have the rights to:
- know what we hold about you and to request a copy of your personal information; request that we correct, restrict or delete your personal information; object to our continued processing of your personal information.
- Personal information complaints or queries: You can contact us directly at email@example.com to exercise any of these rights. We will do everything we can to resolve any complaints or questions you have. You also can submit a complaint to your local data protection authority.
SECURITY, MAINTENANCE & SUPPORT
(Ok a lot of this stuff is pretty serious but we want to keep it simple so that you can understand even if you're not a techie and so that you feel confident about our services.)
- Security considerations: We take your security seriously. We have taken reasonable steps to ensure that your data is secure and backed up. While we have taken all reasonable measures considering the data we host, no online or electronic storage is completely secure and we cannot guarantee absolute security.
- Data breach: While we can’t guarantee that there will never be a breach, we will let you know if we become aware of any data breach. Depending on the type of data breach you may need to notify your clients or anyone related to the data you store, including email addresses. We believe you are the best person to assess what additional requirements you need to take under local law and with consideration for your clients.
- Security features: In time we may introduce additional security features to make your account more secure. If you fail to use any additional security features we are not liable for any consequences that would have been preventable had you used the additional security features. In other words, we really recommend you adopt all available security features.
- Internet access: Our services require internet access. Your ability to access our services will be dependent on your ability to access the internet and is outside of our control. Poor quality internet could lead to poor performance of our services but we have done what we can to optimise our services and minimise this.
- Availability: Our aim is to ensure our services are available 24 hours a day (excluding support). We may from time to time need to perform maintenance on our services which may require a period of downtime. We will try to minimise the impact of this and let you know when there is a planned downtime but cannot guarantee notice.
- No compensation: Sometimes there are issues that can cause the system to go down and will do everything possible to restore services as quickly as we can but there will be no compensation for downtime or data loss. Your only recourse is to discontinue use and after we worked so hard to get you onboard, we are genuinely motivated to minimise any issues.
- Unavoidable risks of data loss: Data loss is an unavoidable risk of using electronic services or internet solutions or cloud services. While we do everything possible to minimise these risks, no backup services are infallible.
- Modifications: We will regularly update and modify our services in order to improve our services to you. Over time some services may become unavailable. Where practical or reasonable we will notify you.
- Support: We pride ourselves on providing excellent service and support. If you have any support issues please contact firstname.lastname@example.org or communicate with us via the in-application support chat.
(Share the love, but not confidential information.)
- Keeping it confidential: some of the information you share with us may be confidential and you may become aware of some of our confidential information. You and PlayBooks agree to do everything reasonable to protect each other’s confidential information and keep it private and safe from others. You and PlayBooks understand that under the law either party may share confidential information only if legally required to do so.
INDEMNITY & LIMITATIONS
- Indemnity: You agree to indemnify, defend and hold us harmless against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading. This includes any claim arising from or related to your use or our services.
- Liability Limitations: Except where limited by law our liability to you for our services or for these terms, in contract, tort (including negligence) or otherwise is limited as follows:
- Our services, including playbooks created by us or others, are not a representation as professional services. We provide you with information we think might be useful in addition to professional advice but this should not be seen as a substitute for professional advice.
- We accept no liability arising from your use of our Services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- In the unlikely case of loss or corruption of your data, our liability will be limited to making reasonable efforts to recover your data from our backups.
- We are not liable for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
- Our maximum aggregate liability under or in connection with these Terms or relating to the service is limited to the amount you paid us for your subscription in the 6 months immediately preceding the date on which the liability of the claim arose.
- Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Warranty Disclaimer: Our warranties are limited to those set out in these terms and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise. Our warranty limitations, to the maximum extent permitted by law:
- Our services and any services of third party providers are available on an as-is basis.
- We make no representation concerning the quality of the Service and do not promise that the Service will meet your requirements or be suitable for a particular purpose.
- While we will take all reasonable measures we do not warrant that our services are secure, free of viruses or other harmful code, uninterrupted or error-free.
- Consumer Law: If there are non-excludable warranties, guarantees or other rights provided by law including non-excludable consumer guarantees, they still apply – these terms do not exclude, restrict or modify them. Where required by law our liability for any breach of that condition or warranty is limited, at our option, to: supplying the Service again; and/or paying the costs of having the Service supplied again.
LINKS AND THIRD-PARTY SERVICES
(This is a bit of insight to the way we are associated with the people that create all the awesome playbooks and external applications that you get to enjoy.)
- Links: Our services, including playbooks created by other users, may link to third-party websites or feeds that are connected or relevant to the Service. While we do our best to curate and approve any content submitted by others such as plays or playbooks, this does mean that we qualify or endorse any of their services. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
- Relationships: We are your independent contractor and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms. You are solely responsible for resolving disputes between you and any other user or you and any of our third-party providers.
- Third-party products: You may use data, services and apps from these third-parties for example, those we make integrate with. While we will do everything we can to make your integration with any third-party product work, we cannot guarantee things outside of our control and we may not be able to provide you support for their services. Any third party providing a third-party product is an external provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.
CODE OF CONDUCT REQUIREMENTS
(Essentially this is how to be a good egg in our awesome community, but it’s also required.)
You agree to NEVER do any of the following:
- Undermine the security or integrity of our services or of other’s data.
- Create illegal, disrespectful, harmful or illegal content.
- Act disrespectful or abusive towards any other users or our team.
- Reverse engineer, copy, recreate any part of our service or our code.
- Resell any of our services including leads and insights.
- Repurpose or resell any other users data (such as plays or playbooks) other than as described in the terms.
- Introduce anything malicious or harmful to our services (including viruses)
- Access any part of the service that is not part of your subscription.
- Use our system to do anything illegal or fraudulent.
“You”, as per the terms of the agreement, includes anyone you have given access to your account and you are responsible for ensuring that anyone you provide access to also follows all of these terms.
Whew, you made it to the end! Congratulations!
It’s probably not as exciting as graduating, but we’re happy you made it!