The rules of the road
Last updated · 15 July 2018
The Experience Accelerator SARL (“The Experience Accelerator”, “we”, or “us”) offers an online learning platform incorporating role play, video recording and feedback analysis through its websites, called the “Experience Accelerator Service”. These terms together with our Privacy Policy form a binding agreement between you and The Experience Accelerator.
Who may use the Experience Accelerator service
You must be at least 18 years old to use The Experience Accelerator Service.
License to use the service
License
If you are an individual, The Experience Accelerator grants you a limited, non-exclusive license to access and use The Experience Accelerator Service for your own training and personal development. This license is personal to you and may not be assigned or sublicensed to anyone else.
If you are a company or other organisation that is offering the Experience Accelerator Service to employees, the license is valid for the number of employees for whom you have purchased the license.
No commercial use
You may not use The Experience Accelerator Service for commercial purposes unless by prior written arrangement.
Restrictions
Except as expressly permitted by The Experience Accelerator in writing, you must not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble The Experience Accelerator Service or any of its source code.
Your account
Registration
To fully use The Experience Accelerator Service, you open an account. You must have agreed to these Terms of Service, including the Privacy Policy, before you use The Experience Accelerator Service. You must provide complete and accurate registration information.
Account security
You are responsible for all activity that occurs under your account. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials.
If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at support@theexperienceaccelerator.com.
Confidentiality and data protection
Confidentiality
The Experience Accelerator takes all reasonable steps to ensure that information provided by you is kept confidential at all times. Where your account is provided by your employer, information provided by you will not be shared with your employer unless you freely and expressly give your prior written consent for us to share it.
Data protection
The Experience Accelerator takes all reasonable steps to ensure that personal information is collected and processed in accordance with applicable laws. For details, please review our Privacy Policy.
Subscriptions and purchases
Price and payment
The price for each type of subscription is the price shown on our website on the date when you place your order. All prices exclude VAT where applicable.
Cancellation and refunds
After the cancellation period ends, all purchases are final and all fees paid are non-refundable.
Renewals
By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription.
Term and termination; account deletion
Term
This Agreement begins on the date you first use The Experience Accelerator Service and continues as long as you have an account with us.
Account deletion
You may delete your account at any time. Basic accounts will be deleted from The Experience Accelerator Service if they remain inactive for a continuous period of at least twelve (12) months.
Termination for breach
The Experience Accelerator may suspend, disable, or delete your account if it determines that you have breached any provision of this Agreement. If we delete your account for any of these reasons, you may not re-register for The Experience Accelerator Service.
Content restrictions
You must not submit any content that:
- Infringes any party’s intellectual property rights
- Contains sexually explicit content or pornography
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group
- Exploits minors
- Depicts unlawful acts or extreme violence
- Promotes fraudulent or dubious business schemes
- Breaks any law
Code of conduct
In using The Experience Accelerator Service, you must behave in a civil and respectful manner at all times. You must refrain from:
- Acting in a deceptive manner
- Harassing or stalking any person
- Harming or exploiting minors
- Distributing “spam”
- Collecting information about others
- Advertising or offering for sale any product or service
Licenses granted by you
License to The Experience Accelerator
As between you and The Experience Accelerator, you own the content that you submit to The Experience Accelerator Service. By submitting content, you grant The Experience Accelerator and its affiliates a limited, worldwide, non-exclusive, royalty-free license to play, review, assess, upload and download your content for the provision of the Experience Accelerator Service.
Duration of licenses
The above licenses will continue unless and until you request your content to be removed from The Experience Accelerator Service, in which case the licenses will terminate on receipt by The Experience Accelerator of your request.
Your representations and warranties
For each piece of content that you submit, you represent and warrant that:
- You have the right to submit the content to The Experience Accelerator and grant the licenses set out above;
- The Experience Accelerator will not need to obtain licenses from any third party or pay royalties to any third party;
- The content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
- The content complies with this Agreement and all applicable laws.
Indemnification
You will indemnify, defend, and hold harmless The Experience Accelerator and its affiliates, directors, officers, employees, and agents, from and against all third party actions that arise from your activities on The Experience Accelerator Service, assert a breach by you of any term of this Agreement, or assert that any content you submitted violates any law or infringes any third party right.
Warranty and disclaimers
The Experience Accelerator uses all reasonable efforts to ensure that the Experience Accelerator Service conforms to the description that we provide and is available as advertised. The Experience Accelerator cannot, however, guarantee that the Experience Accelerator Service will provide you with any specific result, or that the Experience Accelerator service will be uninterrupted or error-free.
You use The Experience Accelerator Service at your own risk.
Limitation of liability
The Experience Accelerator’s total liability for loss or damage caused by us will be limited to the greater of the amount payable by you for The Experience Accelerator Services, or the total amount payable by our insurers for the relevant liability. The Experience Accelerator does not accept liability for indirect or consequential losses of any kind.
General provisions
Governing law
This Agreement is governed by the laws of Switzerland.
Disputes
If any dispute arises between you and us in relation to The Experience Accelerator Service, both parties will use their best efforts to resolve it by negotiation in good faith. If there is no resolution within 30 days, each party agrees that this clause operates to submit the dispute to mediation.
Notices
You consent to receive all communications including notices, agreements, disclosures, or other information from The Experience Accelerator electronically. For support-related inquiries, you may contact us at support@theexperienceaccelerator.com.
You may send legal notices to:
The Experience Accelerator SàrlRoute de St Maurice 228
1814 La Tour de Peilz
Switzerland
Attention: Legal Department
Modification
We reserve the right to modify these Terms of Service from time to time. We will notify you of our revised Terms of Service by requiring you to read and accept them when you next log on to The Experience Accelerator Site.
Entire agreement
This Agreement, together with our Privacy Policy, constitutes the entire understanding between The Experience Accelerator and you and supersedes any previous agreement between us relating to its subject matter.