If you are using IMPROVE, then your company has given consent to these terms.
IMPROVE : End User licence agreement
This is your End User Licence Agreement for IMPROVE. Please read this carefully before using the IMPROVE service and you may want to retain a copy for your records. When you accept these terms, you confirm that you are duly authorised on behalf of the Client to place an order for IMPROVE subject to the terms and conditions set out below. You also warrant that the information submitted in signing up is correct and accurate to the best of your knowledge.
A: PROPERTY OF IMPROVE FOLLOWING ACCEPTANCE OF THIS END USER LICENCE AGREEMENT YOU MAY ACCESS AND USE THE IMPROVE SOFTWARE THROUGH OUR SERVER. THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS SOFTWARE PRODUCT, ARE AND REMAIN THE PROPERTY OF PERITUS PRODUCTIONS LTD (‘IMPROVE’, ‘WE’, ‘US’ AND ‘OUR’).
B: LICENCE ACCEPTANCE PROCEDURE BY CLICKING ON THE ACCEPTANCE BUTTON DURING THE REGISTRATION PROCEDURE, YOU INDICATE ACCEPTANCE OF THIS END USER LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS END USER LICENCE AGREEMENT. SUCH ACCEPTANCE IS ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (‘CLIENT’). IN THIS END USER LICENCE AGREEMENT, ‘YOU’ INCLUDES BOTH THE READER AND ANY CLIENT. YOU SHOULD THEREFORE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE FIELD. IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENCE AGREEMENT, DO NOT USE THE WEBSITE OR THE SERVICE.
C: USER REJECTION IMPROVE MAY IN OUR ABSOLUTE DISCRETION REJECT YOUR COMPANY FROM USING THE IMPROVE SERVICE WITHIN 21 DAYS OF SUBMISSION, IN WHICH CASE YOU WILL BE NOTIFIED OF SUCH REJECTION BY E-MAIL AND SHALL BE REFUNDED ANY SUBSCRIPTION FEES PAID TO IMPROVE.
The following terms as used in this Agreement have the following meanings:
“Agreement” means this End User Licence Agreement which may be amended by IMPROVE from time to time in accordance with its terms;
"Business Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
"Card Details" means valid credit or debit card details provided by the Client for payment of the Fees;
“IMPROVE” means the Online Training platform managed by IMPROVE and provided through the Website and other properties;
“IMPROVE Technology” means all the proprietary technology used in delivering the Service (including the software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Client by IMPROVE in providing the Service;
“Client”, “you”, “yours” means the corporate entity or organisation ordering the Service(s);
“Client Data” means any data, information or material provided or submitted by or on behalf of the Client to IMPROVE and/or the Service or generated by the Service in the course of using the Service including but not limited to employee data held in the Service;
“Content”means the documents, software, materials, products and services contained or made available to the Client in the course of using the Service;
"Data Protection Legislation" means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
“Defect” means an error in the operation of the Service that causes the Service to fail to operate substantially as documented;
“Effective Date” means the date upon which this Agreement is accepted by the Client;
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights (including rights in computer software), trade marks, service marks, trade names, domain name rights, database rights, design rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“Law” means any applicable law (statutory, common or otherwise), legislation (primary or secondary), statutory provision, statutory instrument, constitution, treaty, convention, ordinance, equitable principle, code, directive, edict, decree, rule, order, requirement, regulation, guidance, executive order, or other similar authority issued, enacted, adopted, promulgated, implemented, applied, or otherwise put into legal effect by or under the authority of any governmental entity in any relevant jurisdiction;
"License Administrator(s)" means those Users who are authorised to administer the Client use of the Service;
"License Term" means the period during which the Client is licensed to use the Service pursuant to this Agreement;
"Trial Period" means the initial period of 14 days from the Effective Date;
"Period" means the period of either (i) one calendar month or (ii) one year. Each such period shall begin on the day of the month (in the case of (i) above) or date of the year (in the case of (ii) above) on which the Client began paying for the Services. Such date shall be recorded in the administration pages of the Service.
"Pricing Plan" means the schedule of fees and billing terms currently in force which can be viewed at: improve.online/pricing . IMPROVE may replace the Pricing Plan on 30 days prior written notice (including by email or though the Administration pages in the Service) and for the avoidance of doubt such new Pricing Plan may increase the Fees payable and/or introduce new Fees.
“Service(s)” means the online Human Resource services developed, operated, and maintained by IMPROVE (and its licensors, where applicable), or ancillary online or offline products and services provided to the Client by IMPROVE, to which the Client is being granted access under this Agreement, including the IMPROVE Technology and the Content;
“User(s)” means the Client’s employees, representatives, consultants, contractors or agents who are authorised to use the Service and have been supplied user identifications and passwords by the Client (or by IMPROVE at the Client's request); and
“Website” means improve.online
Trial Period & Duration
Licence Grant and Restrictions
The Client's Responsibilities
Account Information and Data
Intellectual Property Ownership
Fees and Renewal
Non-Payment and Suspension
Termination Within Cancellation Period
Termination Upon Expiration
This Agreement will automatically expire at the end of the Trial Period unless the Client has provided Card Details or obtained IMPROVE’s permission to pay by direct debit
Termination By Notice
Termination for Cause
Excess Data Storage Fees
Disk maximum storage space allowance provided to the Client is at the sole discretion of IMPROVE and IMPROVE reserves the exclusive right to amend this at any time without notice.
Representations and Warranties
Disclaimer of Warranties
IMPROVE’s Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. IMPROVE is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
IMPROVE may give notice by means of electronic mail to the Client's e-mail address on record in IMPROVE 's account information. Such notice shall be deemed to have been given upon the expiration 12 hours after sending the email.
Modification to Terms
IMPROVE reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time. Such modified terms and conditions will be issued or made available to the Client electronically via email or the Website and shall be deemed effective 12 hours after electronic delivery or notification. Continued use of the Service after any such changes shall constitute the Client’s consent to such changes.
Assignment; Change in Control
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Acceptance of Agreement
By ticking the acceptance field during the registration process, you confirm acceptance of this End User Licence Agreement, which shall constitute a binding contract between IMPROVE and the Client, subject to the ability of IMPROVE within 21 days to reject the Client.
Peritus Productions Ltd is incorporated under the laws of England, with company number 11320233.
IMPROVE’s registered address is:
75 Exploration Drive
Schedule One – Which browsers are supported by IMPROVE?
Supported Desktop Browsers
Supported Operating Systems
Supported Mobile Operating Systems
Such browsers are supported on the following mobile operating systems
*Microsoft Edge, Firefox, Chrome and Safari follow a continuous release policy that makes difficult to fix a minimum version. For this reason, following the market recommendation we will support the last 2 major version of each of these browsers.
**Note for Windows XP Users
Windows XP is no longer supported by its original vendor, Microsoft, but if your organisation has internal policies that have extended the use of Windows XP, IMPROVE recommends that your PCs be migrated to MS Windows 8 or above at your earliest convenience. If you are unable to upgrade your PCs at this time, we recommend installing the latest version of Google Chrome, as a temporary solution.
^Note for Internet Explorer 11
We will no longer support Microsoft Internet Explorer 11 in January 2020. As part of this process, IMPROVE will no longer offer maintenance and support related to issues with your platform that occur only on Internet Explorer 11 starting on July 31, 2019. Only critical issues related to your platform will be supported fixed by IMPROVE’s development teams, if necessary. In the meantime, we strongly encourage you to start moving you and your learners to one of our other supported browsers.
IMPROVE strongly recommends that clients maintain updated operating systems (both desktop and mobile) aligned to the latest release made available by the respective vendor.
Note about Flash Content
Please keep in mind that Flash content is not playable on iOS devices. Flash was deprecated on Android devices in 2012, and desktop browsers are going to deprecate it by 2020. When adding learning content to your courses, be sure to avoid adding Flash-based content (in SCORM or HTML training materials) because, most likely, the learning content will not be playable by learners using mobile devices and modern desktop browsers.