Terms and Conditions
Last Updated: 3rd November 2017
- We will endeavour to provide you with an accurate reliable economic service, and will pursue all reasonable courses of action to ensure this is maintained and improved, but…
- We cannot economically control all eventualities, or the performance of third party sites, and our liability will be limited only to the costs you have paid for the service
- You will use our services and data solely for the purpose of your own personal and organisational learning, and you will not publicise it for marketing or promotion purposes
- We will not share or publish any of your data or information without your permission, and will pursue good practice in ensuring your data is secure
- You will not use our data or services in connection with any illegal or unethical practice, or to coerce or manipulate behaviour in others beyond what they undertake of their own free will
- Your use of Inspirometer’s websites or services, in any form, is subject to your acceptance of our terms and conditions, which are spelt out in more detail below:
Inspirometer® grants you a non-exclusive, non-transferable, revocable license to access and use our websites and services, strictly in accordance with these Terms and Conditions. In return for this license, you agree to abide by all the terms of this Agreement, and accept, without reservation, that breaking any of the terms of the agreement is grounds for the immediate termination of your account, without notice, and may incur civil and criminal action against you.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
- “Client”, “Customer”, “You” and “Your” refers to you, the person accessing Inspirometer’s websites and services and subject to Inspirometer’s terms and conditions.
- “Inspirometer”, “Ourselves”, “We” and “Us”, refers to Inspirometer Ltd.
- “Our websites” refers to all websites and cloud services provided by Inspirometer, including: tag-check.com, inspirometer.com, help.inspirometer.com, resolution.coach, pages.inspirometer.com, my.inspirometer.com, 1-click.inspirometer.com, ms.rr8.it and rr8.it
- “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
- All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Inspirometer’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are registered under the Data Protection Act 1998 (Reg #07903471) and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than those organisations which deliver our services on our behalf, or if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Inspirometer will only be in connection with the provision of agreed services and products.
Our service to you
Inspirometer will use all reasonable endeavours to ensure access to the information and services it provides, and will do all it reasonably can to ensure such service is provided with due skill, care and professionalism. However, such information is provided on an “as is” basis and, to the fullest extent permitted by law, Inspirometer:
- excludes all representations and warranties relating to our websites and their contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in our websites and/or Inspirometer’s literature; and
- excludes all liability for damages arising out of or in connection with your use of our websites or Inspirometer’s services. This exclusion includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Inspirometer of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Inspirometer will make reasonable efforts to ensure that all customer data is backed up and secure. Automatic procedures will be used to ensure that data is maintained accurately and will be protected against equipment failure. However Inspirometer will not be liable for any lost or corrupted data caused by the failure of its back-up service, and Customers are responsible for maintaining their own back-ups of important information via Inspirometer’s download service.
Inspirometer will endeavour to collect and make available all data relevant to your account and its Tags, up to and including the level of data purchased in your subscription. It may, at its own discretion, collect data over and above this level and make it available to your account, but this practice may be discontinued without notice at any time
Inspirometer will maintain data related to any live account which is compliant with these terms at the following levels of granularity (except where such data and/or the corresponding Tags have been deleted by the user): daily data for a minimum of 30 days; weekly data for a minimum of 12 weeks; monthly data for a minimum of 12 months; annualised data for a minimum of 12 years. Data related to accounts which have been closed, or which are in default of these terms, may be deleted at any time.
Limitations on the service we provide
Inspirometer® metrics have been created specifically for the purpose of improving the quality of all aspects of working relationships between people, and for doing this in a way which inspires and encourages honesty, personal growth and a commitment to lifelong learning, through establishing a system which gives personal individual ownership of performance data and commitment to its improvement. We have found that these aims are often compromised and undermined in situations where performance data is publicised for the purposes of demonstrating capability or attracting business, and so all such uses of Inspirometer data are expressly prohibited.
Furthermore, the use of compiler accounts are expressly for the purpose of generating insight into how management can better support and inspire growth in the manner outlined above; they are a measure of the organisation’s effectiveness in inspiring and enabling growth, and should never be used for putting pressure on individuals to pursue targets.
The Inspirometer tool is not intended to compensate for lazy management, but to equip and serve enlightened management which seeks new ways of understanding how it can improve others through first improving itself, its service to its people, and the environment it creates around them. It is not in Inspirometer’s power to ensure such behaviours in management teams, and it makes no representations in respect of this, but it can however suspend its service to organisations which flout these conditions, and will endeavour to do so.
- You will protect your password, and change it if you have any reason to believe that someone has discovered it, or hacked it, or is in danger of using your account without your permission. You are solely responsible for all activities that take pace through your account. You will alert Inspirometer if you discover any abuses that may have taken place through your account, and work with us to ensure that the situation is corrected and future abuses are prevented.
- If you are using a ‘paid for’ service, you will ensure that a valid and acceptable form of payment is place to cover your subscription charges at the times that they become due, and you authorise Inspirometer to collect payment therefrom, according to our charging schedule
- You will ensure that all Tags you use for others to respond to are your own, and that each is current within your account and therefore actively gathering responses within the Inspirometer system
- Where your Tag is linked to information about yourself, or a website, you will ensure that these remain up-to-date, that the information within them is not false or misleading, that they do not infringe other people’s rights or copyrights, and that that any hyperlinks are not broken
- On deleting a particular Tag from your account, you will do all that is reasonable to remove existing copies of that Tag from circulation in order to avoid respondents wasting time by providing data which will not be accessed or used.
- You will use the Inspirometer tool only for its intended purpose of personal and organisational learning in respect of your performance in serving your stakeholders. You will not use Inspirometer data as part of any promotional or sales literature, or to publicise aspects of your performance for the purposes of demonstrating competence or otherwise seeking to improve confidence.
- You will not use the Inspirometer tool for any illegal, immoral or unethical purposes, and you will ensure that your Tags are not used for such purposes by others.
- You will not use language in any aspect related to your Tag (such as its public title, or follow-up information, or a linked website) which could realistically create offense in a respondent to the Tag – particularly language which could be construed as obscene, vulgar, pornographic, abusive, libellous, threatening, defamatory, racist, or otherwise illegal of offensive.
- You will not modify your Tag such that it takes the respondent to a website that is not the valid response page for your Tag, and you will not link your Tag to any website which risks inflicting psychological or emotional harm to the respondent, or physical harm to their equipment
- You will not use your Inspirometer account to seek or research information from other Inspirometer users which they do not make deliberately and publicly available through their Inspirometer account, or intentionally provide through responding to your Tags (or your compiler’s Tags)
- Where you are aware of the performance of others through their Inspirometer feedback data*, you will not use this information to coerce a change in their behaviour by means of guilt, pressure, or any form of threat or sanction. You may however use the data to coach and support them to develop their own approach to improvement where the approach is of their own free choice
- You will use your Tags without guile or deception, such that people who respond to them can be confident that their responses will influence the relevant and expected metric within your account
- In responding to other people’s Tags, you will be honest about your own reaction to the transaction concerned, and respond once and once only to each transaction.
- You will not, either individually, or via others, cause or solicit multiple responses to the same Tag for the purposes of biasing the results related to that Tag
- You will not pursue any course of action intended or likely to cause the Inspirometer system to malfunction, or to affect its service to others, or to adversely affect the quality of the data it holds.
- You will not use, or cause to be used, any automated scripts to post or retrieve information from our websites and/or services, or to interact with it in any other matter, except where such automatic scripts have been explicitly authorised by Inspirometer.
*’Inspirometer feedback data’ specifically refers to the feedback received through clicking faces, not to data related to tool usage
All payments for Inspirometer services are made through a third party provider. Your subscription will renew automatically and continue month-to-month unless and until you cancel your subscription or we terminate it, in each case pursuant to the terms of this Agreement. Should you choose to cancel your subscription, you must do so before it renews in order to avoid fees due under the next billing cycle.
Cancellation of paid services with Inspirometer are only accepted via the relevant cancellation links provided within your account pages, and accessed by logging in to the Inspirometer website. It is not possible to cancel your account via email or telephone call. Subscription payments are made one month in advance, and are non refundable.
Termination of Agreements and Refunds Policy
Both the Client and Inspirometer have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Inspirometer does not warrant that its Inspirometer service will be uninterrupted, timely or error free, but will make all reasonable efforts to ensure that it is provided to the best of its ability. By using this service you thereby indemnify Inspirometer, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and information available through this and the Inspirometer site. The content of our websites and information concerning our services may be changed without notice and is not guaranteed to be timely, complete, correct, or up-to-date. While Inspirometer will make reasonable efforts to ensure that content is timely, complete, correct and up-to-date, it makes no representations in this respect, and is not obligated to do so.
Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Inspirometer.
We use IP addresses to analyse trends, administer the site, track user’s movement through the site, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Inspirometer on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links from our websites
We do not monitor or review the content of other party’s websites which are linked to from our websites. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Inspirometer will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to Inspirometer’s services and the full content of our websites. Inspirometer’s logo and the style of Inspirometer’s Tags and response pages are registered trademarks of Inspirometer in the United Kingdom and other countries. The brand names and specific services of Inspirometer featured on this web site are trademarked and subject to copyright.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing our websites and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Inspirometer to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Inspirometer.
Notification of Changes