General Terms and Conditions of Usage

1. Better Business grants you access and use of DCL with restricted use for DC’s Learning Programmes, solely for your own internal use as a participant or registered user of DC’s Learning Programmes (“the Field of Use”) as permitted by these Terms and the documentation made available by Better Business, if any. You are not permitted to use DCL in a productive manner or in any commercial manner outside the Field of Use and you may not use DCL outside the designated Field of Use.
    
2. The license connected to DCL is limited to the Field of Use and access by the user who receives an invitation link by Better Business or DC, which is designated for and addressed to him. This license may not be transferred, assigned, shared or multiplied. You shall not sublicense, license, sell, lease, rent, outsource or otherwise make DCL available to third parties including your customers or other business partners. You shall be responsible for the acts and omissions of anyone accessing the DCL with your access credentials as if they were your acts and omissions. In addition, Better Business has no obligation to include or remove any functionality from DCL in any future version or in any of its products, based on this DCL and your evaluation and experience of them. You may not access or use DCL if you are a competitor of Better Business, and you may not access or use DCL in order to develop a competing product or service.
    
3. When using the DCL, you shall not:
   1. (a) translate, or otherwise modify any parts of DCL
   2. (b) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (c) infringe the intellectual property rights of any entity;
   3. (d) interfere with or disrupt the Better Business software or Better Business systems used to host the DCL, or other equipment or networks connected to the DCL, or disobey any requirements, procedures, policies or regulations of networks connected to the DCL made known to you;
   4. (e) circumvent the user authentication or security of the DCL or any host, network, or account related thereto;
   5. (f) make any use of the DCL that violates any applicable local, state, national, international or foreign law or regulation.
       
4. In consideration for receiving access to DCL, you agree to notify Better Business of all problems you may experience in a confidential manner and share your ideas for enhancements, improvements or corrections and may also provide further information in respect of the DCL and your experience with its use (collectively “Feedback”) which come to your attention. Better Business retains all rights to use the information shared by you, on a no-name basis, in the interest of the improvement of its product and the related customer experience. All rights with regard to your Feedback are defined in the Terms and supplemented by additional agreements between you and Better Business (if any).
    
5. You hereby acknowledge that the DCL is the sole property of Better Business and its licensors and that it includes Confidential Information of Better Business which you hereby warrant to keep secret and not to divulge to any third party without the written approval of Better Business. Any additional confidentiality undertakings in existence between you, your employer and Better Business, will supplement this confidentiality obligation and shall be construed to achieve the highest degree of confidentiality. Notwithstanding any further obligations according to the Terms or additional agreements between you and Better Business, you will treat the DCL as confidential and will not, without the express written authorization of Better Business publish or otherwise disclose information relating to performance, contents, methodologies, designs, procedures  or quality of the DCL or any other Feedback to any third party.
    
6. Warranty
   THE DCL has been tested and signed-off by DC and is PROVIDED "AS IS", FOR THE PURPOSE OF the  Field of Use. DIGITAL CIRCLES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY STATUTE OR IN LAW. The entire risk arising out of the use or performance of the DCL remains with you. In no event shall Better Business be liable for any damage whatsoever arising out of your use of or inability to use the Better Business products.

7. Limitation of Liability
   1. 7.1 IRRESPECTIVE OF THE LEGAL REASONS AND REGARDLESS OF THE COURSE OF ACTION BROUGHT AGAINST US (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT AND/OR NEGLIGENCE), BUT SUBJECT TO THE EXCEPTIONS PROVIDED IN THE NEXT SENTENCE OF THIS CLAUSE 8, IN NO EVENT SHALL DIGITAL CIRCLES BE LIABLE TO YOU, YOUR COMPANY OR TO ANY THIRD PARTY FOR ANY DAMAGES IN ANY AMOUNT, ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE DCL, OR AS A RESULT OF ANY DEFECT IN THE TRIAL VERSION. DIGITAL CIRCLES SHALL ONLY BE LIABLE FOR DAMAGES IN EXCESS OF THE LIMITATIONS CONTAINED IN THE PRECEDING SENTENCE IF SUCH DAMAGE (I) CAN BE CLAIMED UNDER APPLICABLE PRODUCT LIABILITY LAWS OR (II) IS CAUSED BY INTENTIONAL MISCONDUCT OF DIGITAL CIRCLES OR (III) CONSISTS OF PERSONAL INJURY. IN ALL OTHER CASES, NEITHER WE NOR OUR EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGE OR CLAIMS HEREUNDER EXCEPT AS MAY BE REQUIRED BY MANDATORY APPLICABLE LAWS.
   2. 7.2 SUBJECT TO YOUR LIMITED RIGHTS TO CLAIM DAMAGES IN ACCORDANCE WITH THIS CLAUSE 8, YOUR SOLE REMEDY IN THE EVENT OF BREACH OF THESE TERMS BY DIGITAL CIRCLES OR FOR ANY OTHER CLAIM RELATED TO THE DCL SHALL BE TERMINATION OF THESE TERMS.
   3. 7.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND ALWAYS SUBJECT TO MANDATORY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL DIGITAL CIRCLES AND ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR DCL TERMS OF USE, MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES.

7.4 We hereby explicitly exclude any liability for damages in connection with these Terms and the DCL to the extent legally possible.
 

7. Better Business may terminate these Terms at its free discretion at any time by providing you with 14 (fourteen) days’ written or electronic notice. Your sole means of terminating these Terms for convenience shall be to cease use of the DCL and to notify Better Business thereof.
   
    
8. You grant permission to Better Business to use your profile data as provided by DC, and already available on the DC website, for the purposes of facilitating your participation in the "Field of Use”.
   
    
9. Sessions might be audio and video recorded and/or live broadcasted through web streaming. When attending a session you agree on the collection and on the processing of your personal data and on the publication of the audio and video recordings and/or web streaming. Depending on the type of session, publication of the recordings might be on a publicly available website or on an access-restricted site for demonstration or promotional purposes. This does not derive any rights (e.g. compensation) from the consent to publication. With accepting these Terms of Use you give your consent to such personal data processing and recording. For further information about your personal rights and revoking your consent, please refer to Section to section 7 in /Disclaimer/
   
    
10. Privacy Policy
    Access and use of DCL may give rise to the collection and processing of personal data. Please refer to our Privacy Policy (/Disclaimer/) for further information.