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Terms of use.

At upleashed, we are committed to providing you with exceptional services while ensuring transparency and protecting your rights as a user of our website and offerings. These Terms of Use outline the rules and regulations for accessing and using upleashed’s services, including our digital solutions, training programs, and business development tools. By using our website and services, you agree to comply with the terms outlined below. Please read them carefully before proceeding.

Last updated: 20th October 2024
Previous Updates: 08th July 2023, 11th November 2022

1. Introduction

upleashed Limited ("we," "us," "our") provides a range of digital services, including training, business solutions, and development tools designed to empower teams and individuals. By accessing our website or using our services, you agree to be bound by the terms set forth in this document. These Terms of Use govern your interaction with our website and the use of all services offered by upleashed, including but not limited to the AI Skills Matrix, Process Mapping, Statistical Development Services, and web/app development services. The terms apply to all visitors, users, and others who access or use the upleashed website or any of our services.

Please take the time to carefully read through these terms, as they form a legally binding agreement between you and upleashed Limited. If you do not agree with any part of these terms, you must discontinue use of our services immediately. We reserve the right to modify these Terms of Use at any time, and it is your responsibility to regularly review them for any changes. Continued use of our services after modifications have been posted will indicate your acceptance of the revised terms.

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2. Our services

upleashed Limited offers a diverse portfolio of digital services designed to support business growth, skill development, and team capability enhancement. These services include, but are not limited to, the AI Skills Matrix, Process Mapping, Statistical Development Services, Web and App Development, SEO-Optimised Web Design, and Consultancy for Digital Transformation. We also provide free and paid training resources, such as downloadable skills matrix templates, and interactive workshops aimed at helping businesses improve their processes and team dynamics.

Our services are available to both individuals and businesses worldwide, though specific services may have geographic limitations. For certain services, we offer in-person consultations in the Isle of Man, the UK, and the Channel Islands, while others are delivered remotely. We reserve the right to modify or discontinue any service without notice. Additionally, certain features or services may be subject to specific terms and conditions which will be provided to you when you engage those services.

The scope of each service may vary depending on your business needs and the specific terms outlined in your contract with upleashed. All services are delivered with the utmost professionalism, and we strive to ensure the highest level of quality in everything we provide. However, you acknowledge that the nature of some services, particularly those involving AI and automation, may be continuously evolving and subject to updates or changes.

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3. User accounts and responsibilities

In order to access certain services or features offered by upleashed, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for any activities or actions that occur under your account. You must notify us immediately if you suspect any unauthorised access to your account or any other security breach.

If you are using services that require inputting data related to other individuals—such as when using services such as, but not limited to, our Free Skills Matrix, Paid Skills Matrix, Accredited Training, or AI Pulse services—you are responsible for ensuring that you have the explicit consent and legal authority to collect, process, and share that data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and any local laws. By submitting such data, you confirm that the data subjects have provided their informed consent and that they understand how their information will be used.

You agree that you will not impersonate any person or entity, or falsely represent your affiliation with any person or entity, when creating an account or using our services. Additionally, you agree not to share your account information with others or allow others to access your account. Any breach of these obligations may result in the immediate termination or suspension of your account without prior notice.

Users are expected to comply with all applicable laws and regulations while using our services, and must not engage in any behaviour that could harm upleashed, other users, or third parties. This includes, but is not limited to, refraining from uploading or distributing viruses, malware, or any harmful code, and not engaging in activities that could damage, disable, or impair the functionality of our services. You are solely responsible for your interactions with other users and third parties in connection with the services, and upleashed disclaims any liability for such interactions.

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4. Payment terms and subscription services

For certain services offered by upleashed, including but not limited to the Paid Skills Matrix, Accredited Training, and the AI Pulse, fees may apply. Payment for these services must be made in accordance with the terms outlined at the time of purchase or subscription. All payments must be made in the currency specified at the time of the transaction, and you are responsible for any additional fees incurred due to currency exchange or payment method charges.

For subscription-based services, you agree to pay the subscription fees and any applicable taxes for the duration of your subscription. Subscriptions may automatically renew at the end of each billing cycle unless you provide notice of cancellation prior to the renewal date, as outlined in your agreement. Renewal terms will be outlined at the time of purchase, and it is your responsibility to review these terms before committing to any subscription.

In the event of late payments or payment failures, upleashed reserves the right to suspend or terminate access to the paid services until the outstanding amounts are resolved. We also reserve the right to modify the pricing of any of our services, but you will be notified in advance of any price changes, and these changes will not apply until your next billing cycle or subscription period.

Refunds for paid services are only offered in accordance with our refund policy, which will be provided to you at the time of purchase. Generally, refunds are not provided after services have been accessed, unless required by law or unless otherwise stated in your agreement.

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5. Intellectual property rights

All content, materials, and intellectual property made available on the upleashed website and through our services, including but not limited to text, graphics, logos, images, videos, software, and course materials, are the exclusive property of upleashed Limited or its licensors. These materials are protected by copyright, trademark, patent, and other intellectual property laws, both in the United Kingdom, Isle of Man and internationally. You agree not to reproduce, distribute, modify, create derivative works from, or exploit any of our intellectual property without our prior written consent.

As a user of our services, you are granted a limited, non-exclusive, non-transferable license to access and use the content provided through our services for personal or internal business use only. This license is strictly subject to compliance with these Terms of Use. Any unauthorised use of our materials or intellectual property beyond what is permitted by these Terms may result in the termination of your account and potential legal action.

Furthermore, any suggestions, feedback, ideas, or recommendations you provide to upleashed in relation to our services shall become the exclusive property of upleashed without any compensation to you. By submitting such feedback, you acknowledge that upleashed may use or implement these ideas without limitation for any purpose, including developing, improving, or marketing its services.

Any use of our trademarks, logos, or branding materials in a way that could confuse customers or mislead the public about your association with upleashed is strictly prohibited. If you wish to use our intellectual property for any purpose not covered by these Terms, you must first obtain written permission from us.

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6. Privacy and data protection

Your privacy is of utmost importance to us. upleashed is committed to protecting your personal information in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018. By using our website and services, you consent to the collection, processing, and storage of your personal information as outlined in our Privacy Policy, which is incorporated into these Terms by reference.

In the course of using our services, particularly those that involve inputting data about other individuals—such as the Free Skills Matrix, Paid Skills Matrix, Accredited Training, and AI Pulse—you are responsible for ensuring that you have obtained explicit consent from the individuals whose data you are providing. This consent must be in line with GDPR and other applicable local laws. You must inform these individuals about how their data will be processed, stored, and used, and you must only share data that is necessary and relevant to the service being provided.

upleashed will take all reasonable steps to safeguard the personal data provided by users and ensure that it is used only for the purposes outlined in our Privacy Policy. We employ industry-standard security measures to protect your data from unauthorised access, loss, or misuse. However, you acknowledge that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

By using our services, you agree to comply with all applicable data protection laws, and you accept full responsibility for obtaining any necessary consents or permissions required for processing third-party data. You also agree to notify us immediately if you become aware of any breach or misuse of personal data.

For more detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

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7. Limitation of liability

While upleashed strives to provide high-quality services and ensure the accuracy and reliability of our offerings, we cannot guarantee that our services will be error-free, uninterrupted, or meet your specific requirements. By using our website and services, you agree that your use is at your own risk, and we provide all services on an "as is" and "as available" basis, without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

upleashed will not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of our services, including but not limited to loss of profits, data, or business, even if we have been advised of the possibility of such damages. This limitation of liability applies whether the damages arise from the use, misuse, or inability to use our services, from any interruption, suspension, or termination of our services, or from any claims based on contracts, torts, strict liability, or other legal theories.

In any event, the total liability of upleashed, whether in contract, tort, or otherwise, for any claim arising out of your use of our services shall not exceed the amount you have paid to upleashed for the specific service giving rise to the claim, or, if you have not paid for any services, the sum of £100.

Nothing in these Terms will exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law. If any part of this limitation of liability is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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8. Termination and suspension of services

upleashed reserves the right to terminate or suspend your access to our website or services at any time, without notice or liability, for any reason, including but not limited to your breach of these Terms of Use. Upon termination, your right to use the services will immediately cease, and you will no longer have access to any data or content stored in your account.

We may also terminate or suspend your account if we suspect any illegal, fraudulent, or abusive activity. In such cases, we may refer your activity to law enforcement authorities as deemed appropriate. upleashed will not be liable for any loss or damage arising from the suspension or termination of your account or access to services.

If you wish to terminate your account, you may do so by contacting upleashed directly. Upon termination, we will delete or anonymise your personal data in accordance with our Privacy Policy, except where we are legally required to retain it.

Termination of your account does not relieve you of any obligations to pay outstanding fees or charges related to paid services. All provisions of these Terms of Use that should reasonably survive termination, including intellectual property rights, liability limitations, and dispute resolution provisions, will remain in full force and effect.

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10. Indemnification

By using upleashed's website and services, you agree to indemnify, defend, and hold harmless upleashed Limited, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your use or misuse of our services, your violation of these Terms of Use, your violation of any applicable law or regulation, or your infringement of any third-party rights.

This indemnification obligation will survive the termination or expiration of your account and your use of the services. upleashed reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defence of such claims.

You are solely responsible for any and all consequences arising from your breach of these Terms, including any legal actions that may result. You will be responsible for reimbursing upleashed for any losses, damages, or costs incurred due to your actions or omissions, including any settlements or judgements that may be reached against us.

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11. Governing Law and Jurisdiction

These Terms of Use, and any disputes arising out of or related to your use of upleashed’s website and services, shall be governed by and construed in accordance with the laws of the Isle of Man, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising under these Terms shall be exclusively brought in the courts located in the Isle of Man, and you irrevocably submit to the jurisdiction of such courts.

If you access or use our services from outside the Isle of Man, you do so at your own risk and are responsible for compliance with local laws. We make no representations or warranties that our services or content are appropriate or available for use in locations outside of the Isle of Man. By using upleashed services, you agree to resolve any legal disputes in accordance with Isle of Man law.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

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12. Modifications to the terms of use

upleashed reserves the right to modify or update these Terms of Use at any time, without prior notice. Any changes made to these Terms will be effective immediately upon posting the updated version on our website. It is your responsibility to periodically review these Terms to stay informed of any updates or changes. Your continued use of our website or services after the posting of modifications constitutes your acceptance of the revised Terms.

If we make material changes to the Terms, we may also notify you through prominent notices on our website or via email to the address associated with your account. However, failure to receive such notice does not exempt you from adhering to the updated Terms.

If you do not agree to the new or modified Terms, you must discontinue your use of our services immediately. upleashed will not be held liable for any actions taken under the revised Terms after their publication.

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13. Contact information

If you have any questions, concerns, or need further clarification regarding these Terms of Use, please do not hesitate to reach out to us here. We encourage open communication and are here to assist you with any queries about the use of our website or services.

For general inquiries, you can contact us via our support page. If you have specific questions related to data protection or privacy concerns, you may contact our Data Protection Officer (DPO),    Dr. Alex Martin-Smith, directly at dpo@upleashed.com .

Our goal is to provide you with a seamless and secure experience, and we appreciate your cooperation in complying with these Terms. 

Thank you for choosing upleashed, and we look forward to supporting your team’s success.

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