Terms of Service
Acceptance of Terms
- This Terms of Service document (the "TOS") is an agreement which you must accept in order to use applications, content, and services owned or operated by FlightPath Human Systems, LLC, (our "Services"). By accepting this document, you are accepting and agreeing to be bound by the terms and conditions set forth below (the "Terms").
- The TOS is applicable to (a) "Owners" -- this includes Primary Owners who initially set up the Service and other Owners that are granted ownership privileges by the Primary Owner; (b) Administrators - those who manage and run a Team, Group or Enterprise ("Administrators") (Owners and Administrators, collectively "Administrative Users"), and to c) Members - users who are invited to join an existing team that has already been created by an Administrator ("Members"). The terms "You" and "users" encompass all users, including both Administrative and Members. This document describes both your rights and your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these terms.
- If you are entering into this TOS on behalf of a company or business, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to this TOS. In that case, the terms "you" or "your" shall also refer to such entity, its Members, its Administrative Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and FlightPath, even though it is electronic and is not physically signed by you and FlightPath, and it governs your use of the Service.
- As our business evolves, FlightPath may change this TOS. If we make a material change to the TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Site. You can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using the Services, which you may do by clicking here or otherwise through the process provided in the Service.
- In most cases, our Services may only be used if you have created an account with us. By creating an account, you represent that (a) all required registration or other information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms.
- When you create an account, you will be asked to choose a username and a password for your account or you can use a Google account (or other supported social network account). You may not use a username or user profile that is used by someone else or that violates these Terms and we reserve the right to reclaim any user name that violates these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account.
- As part of the registration process, an administrative user will be identified for your organization, team or group. The administrator may invite individuals within the business or organization to become Members (each with their own password) of the organization. The number of Members is limited to the maximum number permitted for the organization. Users, whether Administrators or members, are responsible for maintaining the confidentiality of login, password, and account information.
- By accessing or using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TOS. FlightPath is not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Services. If we become aware that you are using FlightPath even though you are under 13, we will deactivate your account.
Description of Services
- The "Service(s)" include (a) FlightPath mobile and Flightpath web applications (the "Apps" accessed at https://app.copilotme.com/ or from mobile app stores), the FlightPath website and Blog (the "Website" accessed at https://copilotme.com) and Question of the Day community polls (the "QOD") and (b) all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to this TOS. Flightpath reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to FlightPath.
Access and Use of the Service
- You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by FlightPath in its sole discretion). Administrative Users shall be responsible for all actions by Members on their Team. You shall comply with any codes of conduct, policies, storage limitations, or other notices FlightPath provides you or publishes in connection with the Service from time to time, and you shall promptly notify FlightPath if you learn of a security breach related to the Service.
- Any software that may be made available by FlightPath in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, FlightPath only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service and in accordance with our policies. Any rights not expressly granted herein are reserved.
- FlightPath reserves the right to use your Company name as a reference for marketing or promotional purposes on FlightPath's website and in other communication with existing or potential FlightPath customers. For example, we might list your company on one of our webpages under lists of FlightPath customers. We don't want to list customers who don't want to be listed, so you may send an email to firstname.lastname@example.org stating that you do not wish to be used as a reference.
Your Data Rights and Responsibilities
- "Your Data" means any data and content stored or transmitted via the Services by or on behalf of you or your end users (which may include data you elect to import from third party services you use). "Content" includes messages you send, opinions that you post, survey responses, profile information and anything else you enter or upload into FlightPath. FlightPath will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
- In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your teammates, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service. This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided. These rights and permissions are not permanent: they terminate whenever you remove all or part of Your Data from The Service. We claim no ownership over Your Data.
- You are solely responsible for your, your administrators' and your end users' conduct, the content of Your Data, and all communications with others while using the Services. We may choose to review public content for compliance with our policies and guidelines, but you acknowledge that FlightPath has no obligation to monitor any information on the Services. However, you further agree that FlightPath may remove or disable any public content at any time for any reason or for no reason at all. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your end users may be able to access using the Services. The Services provide features that allow you and your end users to share Your Data and other materials with others or to make it public. Please consider carefully what you allow to be shared or made public.
You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. "Prohibited Content" includes content that:
- is useless or of no value to others;
- is knowingly false or intended to mislead, confuse, or deceive others;
- promotes illegal or harmful activities or substances;
- is harassing, threatening or insulting to others;
- violates the privacy, publicity, moral or any other proprietary right of others;
- is defamatory, obscene, pornographic, vulgar or offensive;
- involves the transmission of "junk mail," or unsolicited mass mailings; or
- creates liability for us or otherwise violates these Terms.
You agree that you will not initiate, engage in, or encourage any prohibited Conduct in connection with your use of our Services. "Prohibited Conduct" includes doing things like:
- interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services or our Sites;
- restricting or inhibiting any other user from using and enjoying the Services;
- promoting, encouraging, advocating, or providing information about illegal activities;
- harassing or threatening other users;
- impersonating another person or representing yourself as affiliated with us or other industry professionals;
- soliciting passwords, account information or other personal information from other users;
- except for providing recommendations through the Services, conducting commercial activities and/or promotions or advertisements;
- using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or
- otherwise creating liability for us.
You acknowledge that all intellectual property rights in our Services and our Sites and the underlying technology are owned by us and our suppliers and are protected by copyright laws throughout the world. You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Service or our Sites in whole or in part without our express prior written authorization. Sharing FlightPath application access in any way with a 3rd party that is NOT the company you represent and with whom FlightPath has entered this relationship is prohibited. Sharing includes but is not limited to granting direct access with username/password, screen capture, recording, sketch, or text description.
- You retain any Intellectual Property rights in any content, reports, analysis or data you create or generate using the Software and/or Services.
- FlightPath retains the right to use the data in anonymised format for the purposes of creating aggregate benchmark data.
Data Validation - As part of the Services, we will provide you with assistance. However, you are solely responsible for:
- determining that configured content such as survey questions and response tags are framed appropriately for your needs;
- ensuring the reliability and validity of any data, reports or analysis generated or created through use of the Software and/or Services;
- interpreting data and reports based on the use of and/or access to the Software and/or Services;
- making and implementing decisions based on the use of or access to the Software and/or Services and dealing with any related consequences.
Confidentiality - We understand that information gathered by you in using the Software may be confidential, and we undertake to:
- respect the confidentiality of any Confidential Information;
- only use any Confidential Information as contemplated under this Agreement; and
not disclose any Confidential Information except:
- to its officers, employees, agents, contractors or advisors who have a need to know that information for the purposes of this Agreement (and only to the extent that each has a need to know); or
- to the extent we are required by law to disclose such Confidential Information, providing it gives reasonable notice to you that we are required to disclose that information.
We are under no obligation to review how you or any users are using the Software (including what comments survey respondents may make in survey responses) and take no responsibility for any uses that may be defamatory, threatening or otherwise in breach of any law. You will indemnify us, our directors, employees, agents and contractors, from and against any loss (including all legal costs and expenses on a solicitor-client basis) or liability incurred arising from any claim, demand, suit, action or proceeding where such loss or liability arises out of, in connection with, incidental to or in respect of any survey response. Notwithstanding the above clause, we reserve the right to:
- Disable access to the Software - Disable access to the software (either wholly or in part) and/or remove data or content created by or through use of the Software if it reasonably considers that any rights (including copyright) have been infringed or there has been a breach or there will be a breach of these terms or of any law; and
- To investigate and take appropriate action
- Report any illegal conduct - In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate.
- Fair Warning - We will advise you before disabling access to the Software or removing data or content under clause.
- We are under no obligation to review how you or any users are using the Software (including what comments survey respondents may make in survey responses) and take no responsibility for any uses that may be defamatory, threatening or otherwise in breach of any law. You will indemnify us, our directors, employees, agents and contractors, from and against any loss (including all legal costs and expenses on a solicitor-client basis) or liability incurred arising from any claim, demand, suit, action or proceeding where such loss or liability arises out of, in connection with, incidental to or in respect of any survey response. Notwithstanding the above clause, we reserve the right to:
If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Services or our Sites ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you grant us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent of the infringement. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Sites or through our Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Notice of claims of copyright infringement should be sent to our Copyright Agent: FlightPath Human Systems, LLC, Attention: Copyright Agent, 1160 Battery East, San Francisco, CA 94123, or via email to: email@example.com.
- It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent of the infringement. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
Third Party Services
Our Services may contain links to products and services of third parties ("Third Party Services"). These Third Party Services are not under our control, and we are not responsible for their content, goods, services, performance, operation, availability, business practices or policies. We are making these Third Party Services available to you only as a convenience but we do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties. If you access any of these Third Party Services, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Services are subject to their own terms and policies, including privacy and data gathering practices.
- Termination by You - You can terminate your account at any time by deactivating your account or by providing notice of termination to us.
- Termination by Us - We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including but not limited to your violation or breach of any provision in these Terms.
- Effect of Termination - If your account or access to our Services is terminated or suspended because you violated these Terms, you will have no further right to access your account or our Services.
The Services and Sites are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the Services, or the Sites will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES AND SITES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. Your access and use of our Services and our Sites as well as your access to and use of Third Party Services is at your own risk.
Limitation of Liability
WE WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR ACCOUNT, YOUR CONTENT, OR OTHER DATA OR INFORMATION, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE SITES, FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, OUR SITES, SERVICES, OR ANY CONTENT OR ANY THIRD PARTY SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold us harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys' fees) incurred by us arising out of or relating to
- your use of the Services (other than in accordance with these Terms),
- any Content you provide, or
- your violation or breach of any provision in these Terms or your violation of any rights of a third party.
These Terms may be amended by us from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms on our Sites or notifying you through the Services or at your primary email address (as specified in your account information). Your continued use of the Services after the changes go into effect will constitute your agreement to such changes. If you object to any change, your sole recourse is to terminate your account and cease using the Services.
These Terms constitute the entire agreement between us regarding your use of our Services and our Sites, which supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms is not a waiver of such right or provision. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will continue, unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The rights or obligations to use the Services are personal to you and are not assignable, and any such attempted assignment or transfer shall be void and without effect. These Terms will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction. By using our Services you consent to personal jurisdiction and venue in the state and federal courts for San Francisco County, California for any lawsuit filed there against you by us arising from or relating to these Terms or the Services.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.