Terms of Use: Amazing Workplace™

Revised: September 1, 2026

Welcome, we’re happy you are here.

What is the Amazing Workplace People Platform?

The Amazing Workplace People Platform is an online subscription to software. We call this subscription the “Platform” for short in these Terms of Use.

Access to the Platform is called software as a service (often abbreviated as “SaaS”). With a subscription, your organization can use the Platform by visiting www.amazingworkplace.com and entering a username and password.

In this way, the Platform is similar to other subscription applications and websites like CultureAmp, Qualtrics, Survey Monkey, and even Netflix: Customers pay an annual subscription, are given a username and password, and then log in to use the Platform and access its content.

How do organizations use the Platform?

Organizations subscribe to use one or more of the Platform’s online software services. There are two:

1. Organizations use the Platform to measure and improve Employee Happiness® through the Amazing Workplace People Platform.
2. Organizations use the Platform to get recognized and awarded through Amazing Workplaces.

Your Order Form lists out the software subscription(s) your organization has access to and can use during your subscription.

Special note for lawyers and legal review.

The high-level purpose (goal) of this document is to:

1. Protect your organization (your company and its people).
2. Protect Amazing Workplace (our company and our people).
3. Protect our software from theft or misuse.

We sell online software like Microsoft, Apple, Westlaw, Lexis, Qualtrics, Survey Monkey, Culture Amp, Netflix, and nearly every subscription-based software platform. All of these companies have “terms and conditions” or “terms of use” or “terms of service.”

• They are usually “click-through agreements.”
• They do not normally allow changes to their terms.
• They all contain the exact same content as our Terms of Use.

To make things a little easier, we have organized our Terms of Use with an introduction explaining what the terms mean and why they are here.

Please, before picking up the “red pen” to make edits, remember that our Terms of Use must match the Terms of Use used by other companies in our industry. Simply google “Culture Amp Terms” or “Qualtrics General Terms and Conditions” and you’ll see that their agreements contain the same stuff as our Terms of Use. So too do Microsoft, Apple, Lexis, Westlaw, and more.

We have reviewed the Terms of Use (or whatever others may call them) of all the companies listed above and many, many more. Our Terms of Use match other companies in our industry. These Terms of Use are what you’d call “industry standard.”

Special Note: Want to add things? You are not alone. We have a spot for that.

The Order Form allows your organization to add specific things you may want to add or change (and get written down) before agreeing to use the Platform. For example, payment terms, special requests, and other things may be added to the Order Form, and will act as a legally binding part of our Terms of Use.

Included in our Terms of Use are specific things that you may add to an Order Form. You may add those things and they will not conflict with our Terms of Use.
They give you the freedom to add things that you may want to add, without making changes to these Terms of Use.

Introduction & Background

What are “Terms of Use”?

Terms of Use are simply the rules for using a website.

• The word “terms” means words that are used to describe something.
• The word “use” means the action of using something (take or hold something to do something).

Terms of Use in business transactions can be traced back to ancient civilizations, where merchants and other traders used written agreements to govern the terms of their transactions and to protect their interests.

In current times, Terms of Use are a legal agreement that describes what you are allowed to do when you access and use a company’s websites, data (information), and software applications.

Terms of Use are normal. Nearly every company that has a website or software that you use has Terms of Use. For example, when you use your cell phone or computer, there are Terms of Use that you must agree to before you are allowed to use those devices and the websites, data (information), and software applications on them.

Why do Terms of Use exist?

Companies that create websites, data (information), and software applications work hard to make them. When companies create these things, they need to protect them legally so that others don’t copy, steal, or misuse them.

Terms of Use exist for three reasons:

1. To protect you & your people while using their property, products, online software, etc.
2. Companies need to protect their property, products, software, etc. & the things they have created (so that others don’t take the things they have created, copy them, or steal them).
3. Companies need to explain what others can do with the things they have created, mostly to prevent others from copying or stealing, but also to prevent misuse.

How Terms of Use are organized.

Terms of Use are organized by numbers to make it “easy” to refer to things instead of re-writing things many times. These numbered parts of the Terms of Use are called “Sections.”

Sections. Sections will be in bold and underlined so that they are easier to find.

EXPLANATIONS. We have also included simple explanations of why Sections are included, so that anyone (lawyer or not) can understand our Terms of Use. Explanations will be in italics so that they are easier to find.

“Important Words.” Important words are specifically defined and also start with a capital letter so that you easily find and refer to the definitions of those words contained in this document (for example Terms of Use).

Amazing Workplace Terms of Use

EXPLANATION: Words are important. In every Terms of Use, there are special definitions of important words. The words listed below are used in the Terms of Use and the special definitions listed next to each one describe what they mean in the Terms of Use.

Section 1: Definitions of Words

EXPLANATION: Section One lists out important words and what they mean. These words start with a capital letter (for example, the word Terms). These words are listed in alphabetical order.

1.1. “Agreement” means an Order Form and documents incorporated into an Order Form, including these Terms of Use.

1.2. “Amazing Workplace”, “Our”, “We”, and “Us” refer to Amazing Workplace, Inc., a Delaware corporation.

1.3. “Amazing Workplace Platform”, the “Platform”, “AWP” refer to Amazing Workplace’s Software as a Service accessed and used by You. This includes subscriptions to Amazing Workplace People Platform and Amazing Workplaces. It also includes the publicly accessible Amazing Workplace website (www.amazingworkplace.com).

1.4. “Authorized User” means any individual that Customer authorizes to use the Amazing Workplace Platform. Examples include employees, agents, contractors, or representatives of Customer. “User” means any individual that uses the Amazing Workplace Platform.

1.5. “Client”, “Customer”, “Subscriber”, “You” or “Your” means the entity or person set forth in the Order Form, as well as any user of the Platform or any person presented with these Terms to accept them.

1.6. “Confidential Information” means all information that the disclosing Party protects against unrestricted disclosure to others that (a) the disclosing Party or its representatives designate as confidential, internal, or proprietary at the time of disclosure, or (b) should reasonably be understood to be confidential at the time of disclosure given the nature of the information and the circumstances surrounding its disclosure.

1.7. “Conversation” means an Amazing Workplace activity used to gather feedback, opinions, or responses from participants (for example, employees, customers, or other people). Conversations are similar to surveys and may be sent to a participant list, completed by participants, and produce responses and results in the Platform.

1.8. “Order Form” means the form that Amazing Workplace provides to customers to identify the products and services available during their subscription, as well as any additions to the Agreement.

1.9. “Parties” means You and Amazing Workplace. “Party” refers to You or Amazing Workplace.

1.10. “Subscription” means Customer’s access to Amazing Workplace products and services for a period of time as shown on the Order Form. A Subscription is paid for in advance.

1.11. “Terms” means these Terms of Use.

1.12. “Third Party” means any person or legal entity other than You or Amazing Workplace.

1.13. “Your Information” means any content, materials, data, and information that Authorized Users enter, create, or collect in the Amazing Workplace Platform, or that Customer derives from its use of and stores in the Platform. Your Information includes:

• Participant lists (the employees, customers, or other people invited to take part in a Conversation).
• Custom Conversation text (any custom questions, instructions, or messages You add to a Conversation).
• Action plans (any plans, notes, or follow-up items You create in the Platform).
• Conversation responses and results (information provided by participants when they respond to a Conversation, and the results the Platform produces from those responses).

Your Information and its derivatives will not include Amazing Workplace’s Confidential Information.

Section 2: Using the Platform

EXPLANATION: Section Two describes what You (and others You allow to access and use the Platform) are allowed to do with the Platform and what You are not allowed to do with the Platform.

2.1 Platform Agreement.
EXPLANATION: This Section explains that a signed Order Form and these Terms form a legal agreement and that only certain people can use the Platform.

The Terms of Use, all Order Forms and any privacy-related documents (collectively, this “Agreement”) form a contract between You and Us. These documents were signed by authorized representatives.

Terms are an Agreement between You and Us. In order to access the Platform, You signed an Order Form or other document giving You and Your Authorized Users permission to access the Platform.

In exchange for access to the Platform, You pay for a Subscription and agree to these Terms. To protect You, Us, the Platform and others, no one may use the Platform if they do not agree to the Terms.

Any User of the Platform that is not an Authorized User shall be subject to immediate legal action.

2.2 Platform Use & Restrictions.
EXPLANATION: This Section explains that We license the use of software to lots of companies, not just Yours. It also explains that You can use the Platform for Your company and company stuff, but You cannot sell, steal, or copy our software.

Based on Your signed Order Form, We grant to Customer a non-exclusive and nontransferable right to use the Platform solely for Customer’s internal business purposes, including collecting Your Information from third parties for internal business purposes. Customer may use the Platform worldwide except from countries or regions where such use is prohibited by law or as set forth in an Order Form.

Except for the limited licenses expressly granted to You in these Terms, We reserve for ourself and our licensors all other rights, title, and interest.

Without limitation on the above, You may not reproduce, modify, display, sell, or distribute content from the Platform, or use it in any other way for public or commercial purposes. Despite anything saying otherwise in these Terms, this prohibition includes: (a) copying or adapting the code used in any part of the Platform; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any services We provide other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying, or duplicating in any manner any of the Content or information available in the Platform, without Our express consent.

2.3 Platform Updates & Changes.
EXPLANATION: Companies like ours include this to make sure that everyone knows that online software is constantly updated and made better for all Users. While most updates or changes add new features, sometimes changes are not wanted by a Customer. If a Customer does not like a change, they may cancel their Subscription and receive a pro-rated refund.

We continually update and improve the Platform. We may make updates or changes at any time without prior notice. We will provide You with reasonable prior notice if We make a change to the Platform resulting in an overall material decrease in functionality of the Platform. Any such change is not a breach of these Terms. If We make a change that results in a material decrease in functionality, Your sole and exclusive remedy is to terminate Your Subscription as described in Section 6.4 and receive the pro rata refund described there.

2.4 Who Agrees to These Terms and Who Do They Apply To?
EXPLANATION: Companies like ours include this to make sure that everyone is following the rules. If companies didn’t do this, then You or someone could give their username and password to someone else and that person could steal all the Platform information.

These Terms apply to You (of course), and to Your employees, agents, officers, owners, or anyone You give access to or who has access through Your Subscription.

Terms apply to every User of the Platform whether the User is an individual person, a corporation, or any other kind of legal entity.

2.5 Users – Who Can Use the Platform?
EXPLANATION: “Users” is a word to describe anyone that uses the Platform. This Section explains that You get to choose who uses the Platform.

• You choose. You get to choose who uses the Platform and is set up as a User.
• Email needed. To set up a User with access to the Platform, We require a valid email address provided by You. The email address provided must be one where We can reach each User. We will send an email to give Users access to the Platform.
• User account. We call this process of getting email addresses from You and sending emails to Users “setting up a User account.”
• Passwords. Each User must create a password for their access to the Platform. The password protects unauthorized access to the Platform. We encourage the use of strong passwords (passwords that use a combination of letters and symbols).
• Confidential. Each User is responsible for keeping their password confidential.
• Oops, someone may have my password… If for some reason You or a User suspects unauthorized use of a User account or access to a password, please notify Us immediately at support@amazingworkplace.com.
• You are in charge. You and Users are solely responsible for any use of User accounts.

2.6 Cancelled or Suspended Access.
EXPLANATION: We are allowed to cancel or suspend access to the Platform for any violation of these Terms.

Passwords and access to the Platform may be cancelled or suspended by Us for any violation of these Terms, including failure to pay for Your Subscription. We may also cancel or suspend access to the Platform, for any reason, by providing You with written notice (email or physical mail).

Section 3: Fees & Payments

EXPLANATION: This Section explains that access to the Platform depends on paying for Your subscription, discusses renewals of Your subscription, and any taxes due on the subscription.

3.1 Subscription & Payment.
EXPLANATION: This Section explains that You must pay to access the Platform.

You and other Users that are included in Your Subscription are authorized to access the Platform during Your Subscription. It is important that Your Subscription is paid for so that We can continue to provide access to the Platform. You will have access to the Platform so long as Your Subscription is active and paid as agreed in Your Order Form. These Terms also make Your current Order Form a part of the Agreement between You and Us, setting the price, level of access, and other details of Your Subscription and payment.

3.2 Automatic Renewal.
EXPLANATION: This Section explains that Your Subscription will automatically renew unless You cancel it. It also explains how to cancel and confirms Your rights under any applicable auto-renewal laws that apply to business subscriptions.

• Automatic renewal. Your Subscription will automatically renew for successive one-year terms (or another period as set out in an Order Form signed by You) at the end of each Subscription term, unless You cancel the automatic renewal as described below.
• How to cancel. You may cancel automatic renewal at any time up to the last minute of Your current Subscription term. To cancel, send an email to accountservices@amazingworkplace.com. Your cancellation is effective when We receive the email. Cancellation stops the next renewal; it does not shorten Your current Subscription term or entitle You to a refund of fees already paid for the current term.
• Pricing on renewal. Any automatic renewal does not guarantee that the price for the Platform during the previous Subscription term will remain the same for the next Subscription term, unless set out in an Order Form.
• Renewal reminder. At least thirty (30) days before Your Subscription auto-renews, We will send You a reminder by email to the address on file for Your account, letting You know that the renewal is coming, the renewal term, the renewal fee (if known), and how to cancel.
• Business-to-business subscriptions. The Platform is sold to businesses and organizations, not to individual consumers. To the extent any state auto-renewal law applies to business-to-business subscriptions, these Terms, together with Our renewal reminder, are intended to satisfy those requirements.

3.3 Taxes.
EXPLANATION: This Section explains that You must pay any taxes due on Your access to the Platform.

Unless stated otherwise in the Order Form, all fees for Your Platform Subscription exclude sales tax, GST, VAT, or other similar taxes. If We are required to collect or pay any taxes on Your behalf, We will invoice You for those taxes unless You provide Us with valid evidence that no tax should be invoiced.

You are responsible for all other taxes or duties payable under applicable law relating to the Platform provided under this Agreement, including any penalties or interest.

Section 4: Platform Information & Data Protection

EXPLANATION: This Section explains what types of information are inside of the Platform and what You and We can do with that information.

4.1 Platform Information.
EXPLANATION: This Section explains the types of information inside the Platform and what You and We are allowed to do with it.

The Platform contains two types of information.

One: Our Created Information.
The first type of information is created by Us. This includes, but is not limited to, the words, buttons, headings, website navigation menus, images, Conversation templates, Conversation questions, action ideas, presentations, resources, benchmarks, scoring, answers, and any other information that is not “Your Information” as described below. This information may be accessed and used during Your Subscription. This information is the property of Us and may not be re-sold, re-licensed, or given to others, other than for business purposes, without prior written authorization from Us. Users may make copies for use by Users and for the Company named in Your Subscription (Your Company).

Two: Your Information. You may use the Platform to create and gather a specific set of information. “Your Information” is limited to:

• Participant lists that You upload or enter (for example, the employees, customers, or other people You want to invite to a Conversation).
• Custom Conversation text that You add (for example, custom questions, instructions, or messages).
• Action plans that You create in the Platform.
• Conversation responses and results provided by participants and generated by the Platform.

The Platform permits You to collect and store Your Information for use by Your Authorized Users. You may download, copy, and use Your Information how You choose. It is Your property. There are some specific examples below that are worth going over:

• Responses in Conversations are normally anonymous.
  This is a kind of Your Information called “Your Conversation Response Information.” The Platform normally collects responses to Conversations in an anonymous format. This is a choice that You make before collecting responses for a Conversation. When You choose to gather Your Conversation Response Information anonymously, the Platform is designed in such a way that no one, not even Amazing Workplace, can connect the Information to a specific employee, customer, or person. It is not possible. This means that Your Conversation Response Information is stored without employees’, customers’, or people’s names or any other identifying information. When information is gathered anonymously, Amazing Workplace is unable to identify the employees, customers, or people who provided Your Conversation Response Information. For example, We are unable to provide which User left a particular comment or set of responses.
• Non-anonymous information.
  You have the option to collect Conversation Response Information in a non-anonymous way. Information that is collected in a non-anonymous way will have details about the names of employees, customers, or people in the Platform. Participant lists and custom Conversation text may also contain non-anonymous information about employees, customers, or other people. Gathering, loading, storing, or managing non-anonymous information is Your choice and You are responsible to ensure that use of non-anonymous information in the Platform is lawful and does not violate the Terms.
• Participant lists and information about people.
  Participant lists and any custom Conversation text You add may include names, email addresses, department or team information, or other details about employees, customers, or other people. You are responsible for making sure that You have the right to collect, upload, and use this information in the Platform, and that Your use of it follows applicable laws.
• Sharing anonymous comments.
  If Your Conversation Response Information includes comments left by employees and people, they have the option to allow You to share their comments. This is their choice. Employees, customers, and people can check a box (on the screen) right before they submit Your Conversation Response Information allowing You to use their comments. Some companies use comments to post reviews online, letting others know what their employees have to say about working at their company. Others use comments to acknowledge their workplace.
• Use of comments.
  The use of comments is Your responsibility. Amazing Workplace is not responsible for Your use of comments or situations where employees, customers, or people voluntarily identify themselves in Conversation Response Information.
• What happens to Your Information if You no longer use the Platform?
  You may export Your Information at any time during Your Subscription. If You need help with an export, contact support@amazingworkplace.com.
  After Your Subscription ends, We will keep Your Information for up to ninety (90) days so that You can still request an export or reactivate Your Subscription. After that ninety (90) day period, We may delete Your Information from the Platform in the ordinary course.
  If You want Us to delete Your Information sooner, send an email request to support@amazingworkplace.com. We will complete deletion within fourteen (14) days of receiving Your written request, except for information We are required to keep by law or that exists in backup or archival systems that are overwritten in the ordinary course.

4.2 Allegations of Wrongdoing in Your Information.
EXPLANATION: This Section explains what happens if there are allegations of wrongdoing in Your Information gathered in the Platform.

This can be a touchy subject, but it is an important one. When You collect Your Information from employees, customers or people, You may collect information that alleges wrongdoing or worse, illegal activity. It is important that You understand Your responsibilities and the responsibilities of Amazing Workplace if Your Information contains allegations of wrongdoing.

• Amazing Workplace’s responsibility.
  In short, Amazing Workplace is not responsible for allegations of wrongdoing or to take any action based on such allegations contained in Your Information. If the information is anonymous, We cannot (because of the Platform software) provide You with more information about the identity of the person alleging wrongdoing. You acknowledge and agree that Amazing Workplace cannot respond to Your Information indicating allegations of wrongdoing, unlawful employment conditions, or any other allegations.
• Your responsibility.
  Your Information is provided to You for use by You and Your company, and it is Your sole responsibility to respond to or resolve these allegations.

4.3 Final note on Your Information.
EXPLANATION: This Section simply says using Information has to follow all the rules in these Terms.

Like all uses of the Platform, Our use of Your Information and Your use of Your Information are governed by all the other applicable parts of the Terms.

4.4 Aggregated and De-identified Data.
EXPLANATION: This Section explains that We may use information that no longer identifies You, Your company, or any person to improve the Platform, build benchmarks, and share general insights. Because this information does not identify anyone, using it in this way does not affect Your privacy or Your Information.

We may create aggregated and de-identified data from Your use of the Platform and from Your Information. “Aggregated and de-identified data” means data that has been stripped of anything that identifies You, Your company, or any individual, and that cannot reasonably be used to re-identify any of them.

We may use aggregated and de-identified data for any lawful purpose, including to:

• Operate, maintain, improve, and develop the Platform and Our other products and services.
• Create benchmarks, industry comparisons, trends, and analytics.
• Publish general research, insights, and reports.

Aggregated and de-identified data is not Your Information and is not Confidential Information. We will not identify You or any individual in any published or shared aggregated and de-identified data.

4.5 Artificial Intelligence and Model Training.
EXPLANATION: This Section explains how We do and do not use Your Information with artificial intelligence (AI) tools, including whether We use Your Information to train AI models.

• We do not use Your Information to train AI models available to others. We do not use Your Information to train, fine-tune, or improve any AI or machine learning model that is made available to other customers or to the public.
• We may use AI tools inside the Platform to help You. The Platform may use AI tools to help provide features to You (for example, generating drafts, summaries, or suggestions). When AI tools operate on Your Information to serve You, they do so as part of providing the Platform to You and any inputs and outputs remain Your Information.
• We may use aggregated and de-identified data. As described in Section 4.4, We may use aggregated and de-identified data, including to develop and improve AI features. Because this data does not identify You or any individual, it does not include Your Information for purposes of this Section.
• Your responsibility for AI-generated content. Any content the Platform generates using AI is a starting point, not a finished product. You are responsible for reviewing and confirming that any AI-generated content is accurate, appropriate, and lawful for Your use.

4.6 Platform and Services Data.
EXPLANATION: This Section simply says that You can create information using the Platform and the Information contained inside of it.

You may provide, create, or generate other content, data, documents, and results through the Platform, or through Our Information. Examples include Conversation results, analysis, action plans, award materials, and workplace improvement services with Amazing Workplace (“Platform and Services Data”).

4.7 Confidential Information.
EXPLANATION: This Section simply says We treat all information as Confidential unless You tell us otherwise. Also, that our Software and Platform Information is confidential. Finally, You and We agree not to share Confidential Information with others without permission.

We treat all Platform and Services Data as Confidential Information, unless otherwise directed by You and Your authorized users. We will not use, reproduce, or transmit Platform and Services Data unless You or Your authorized agents specifically request We do this in writing (email is acceptable). Platform and Services Data is not shared with Third Parties unless You or Your authorized agents direct Us to do so.

Our proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information that reasonably should be understood to be confidential to Us are Our Confidential Information. Your Confidential Information and Our Confidential Information are collectively referred to as “Confidential Information.” You and Us shall each use Confidential Information of the other Party only in compliance with these Terms and shall not disclose such Confidential Information to any Third Party without the other Party’s prior written consent (email is acceptable). Each Party agrees to take reasonable measures to protect the confidentiality of the other Party’s Confidential Information and to advise its employees of the confidential nature of the Confidential Information and of the confidentiality provisions and use prohibitions herein.

4.8 What Information is not Confidential?
EXPLANATION: This Section simply says that You and We don’t have to keep secret something that isn’t a secret to begin with.

The following information is not Confidential Information and can be shared: (i) publicly available information – this is information that is already known to the public; (ii) previously known information – this is information that You or We already knew before entering into these Terms of Use; (iii) independently created information – this is information that is created without using Confidential Information to create it; and (iv) information from another source – this is information that was received from a Third Party who is not a User or in any way bound by this Agreement.

4.9 When can I Share Confidential Information?
EXPLANATION: This Section simply says that You and We can share Confidential Information when You or We are required to under the law.

We and You may disclose Confidential Information of the other to a Third Party as may be required by law, statute, rule or regulation, including any subpoena or other similar form of process, provided that (and without breaching any legal or regulatory requirement) the Party to which the request is made provides the other Party with prompt written notice thereof and, if practicable under the circumstances, allows the other Party to seek a restraining order or other appropriate relief.

4.10 Workplace Page Content.
EXPLANATION: This Section explains what happens when You allow Us to publish content on Workplace Pages.

We host information, verified reviews, results, open-source data, and branding on Our Workplace Pages on both www.amazingworkplace.com/workplace and www.amazingworkplaces.com (“Workplace Page”). During Your use of the Platform, You can authorize content for use on Workplace Pages. To the extent that You and Your agents approve content for use on these pages, You grant to Us (and Our affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute, and publish any content You authorize for publishing on Your Workplace Page. You represent and warrant that You own or have all necessary rights (including intellectual property rights) to such content (including to grant the license above).

4.11 Amazing Workplace Content and Intellectual Property.
EXPLANATION: This Section simply says that You agree not to steal our people’s hard work because it is wrong, violates these Terms, and breaks intellectual property laws.

The Platform contains content provided by Us and Our licensors. We and Our licensors (including other Users) own and retain all proprietary (including all intellectual property) rights in the Content We provide, and We own and retain all property rights in the Platform. If You are a User, We hereby grant You a limited, revocable, non-sublicensable license under the intellectual property rights licensable by Us to download, view, copy, and print Content from the Platform solely for Your use in connection with using the Platform.

Our logo and certain other names or logos are service marks or trademarks of Us, and all related product and service names, design marks and slogans are the service marks or trademarks of Ours. In addition, the “look” and “feel” of the Platform and Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Our trademarks, service marks, and copyrights. Any code that We create to generate or display Our content or the pages making up the Platform is also protected by Our copyright.

Except as provided in the foregoing, You agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the Platform or the Content (excluding Your Information); or (2) rent, lease, loan, or sell access to the Platform.

4.12 Text Messaging (SMS) Terms.

EXPLANATION: This section says we may send you text messages if you request information from us or when your employer uses the Platform to share important information.

By providing your phone number and requesting information from Us, you agree to receive text messages at the phone number you provided. These messages may be sent using an automatic telephone dialing system or other technology.

• Types of messages you may receive:
  • Activity notifications: If Your employer uses the Platform to invite You to participate in a Conversation or other activity, We may send You text messages to let You know.
  • Product and promotional messages: If You request information about Our Platform through Our public website, We may send you occasional text messages about our products, features, or services.

Message frequency varies, but you should expect no more than a few messages per month.

• Costs: Message and data rates may apply depending on Your mobile carrier and phone plan. We do not charge You for text messages, but Your carrier may.
• Getting help: If You have questions about text messages from Us, text HELP to any message you receive from Us, or contact us at support@amazingworkplace.com.
• How to stop: You can opt out of text messages at any time by texting STOP to any message You receive from Us. After you opt out, we will send you one final confirmation message. You will not receive any more text messages from Us unless You opt in again. Opting out of text messages will not affect your ability to use the Platform. You can still access your account and complete any assigned activities by logging in directly.
• Privacy: Your phone number and related information are handled in accordance with Our Privacy Policy at https://www.amazingworkplace.com/privacy-policy/.
• Agreeing to text messages not required: You are not required to agree to receive text messages as a condition of purchasing any product or service from Us.

4.13 Data Security.
EXPLANATION: This Section describes the steps We take to protect the Platform and Your Information. Keeping information safe is a shared responsibility, so this Section also describes what You are responsible for.

Our security commitments. We maintain reasonable and appropriate administrative, physical, and technical safeguards designed to protect the Platform and Your Information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Your Information. These safeguards include:

• Encryption of Your Information in transit and, where appropriate, at rest.
• Access controls limiting Platform and data access to authorized personnel with a need to know.
• Regular monitoring, logging, and review of Platform activity.
• Use of reputable cloud infrastructure providers with industry-recognized security practices.
• Periodic review and updating of Our security practices to reflect changes in threats, technology, and industry standards.

Security incident notification. If We become aware of a confirmed security incident that resulted in the unauthorized access to or acquisition of Your Information from the Platform, We will notify You without undue delay, and in any event within the time required by applicable law. Our notification will include the information reasonably available to Us at the time.

Your responsibilities. You are responsible for:

• Keeping User credentials confidential and using strong passwords (see Section 2.5).
• Promptly removing access for Users who no longer need it.
• Notifying Us promptly if You suspect any unauthorized use of Your account.
• The security of Your own systems, networks, and devices used to access the Platform.
• The lawful collection, use, and content of the information You put into the Platform.

Where to learn more. Additional information about how We handle personal information is available in Our Privacy Policy.

4.14 No Warranties.
EXPLANATION: This Section explains that We provide the Platform “as is.” Nearly every online software company includes language like this because We cannot promise the Platform will be perfect for every Customer’s specific situation or that it will never have a problem.

We work hard to keep the Platform useful, reliable, and up to date. That said, We provide the Platform and all content in it on an “as is” and “as available” basis. To the fullest extent allowed by law, We disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that: (a) the Platform will meet Your specific requirements; (b) the Platform will be uninterrupted, timely, secure, or error-free; (c) results obtained from the Platform will be accurate or reliable for Your particular situation; or (d) any errors in the Platform will be corrected.

No advice or information, whether oral or written, obtained by You from Us or through the Platform creates any warranty not expressly stated in these Terms.

Section 5: Protecting You, Us, and the Platform

EXPLANATION: This Section simply describes when each of us will legally protect each other. This is called “indemnity” which simply means to protect someone from legal consequences. This word originally comes from the Latin word indemnis, meaning ‘unhurt, free from loss.’

5.1 Indemnity Introduction.
EXPLANATION: This Section is simply an introduction.

This section looks complicated, but it is important. It explains that We will protect You from certain third-party legal claims. It explains that You will protect Us from certain third-party legal claims. It explains that certain kinds of damages are not available and that liability is limited, except for certain legal claims.

5.2 We will Protect You.
EXPLANATION: This Section describes when We will protect You from legal consequences brought by someone outside of You and Us.

We shall defend, indemnify, and hold You harmless, along with Your affiliates and Your respective officers, directors, shareholders, employees, and agents, from and against any third-party claims, and any resulting costs, fees, expenses, damages, and liabilities (including reasonable attorneys’ fees and costs), arising out of:

• Our infringement, misappropriation, or violation of any intellectual property right of a third party; or
• Our breach of Our confidentiality obligations under these Terms.

A “third-party claim” means a claim, demand, suit, or proceeding brought against You by someone other than You, Us, or Our respective affiliates, officers, directors, shareholders, employees, or agents.

5.3 IP Infringement — What We Will Do.
EXPLANATION: This Section explains the steps We will take if someone claims the Platform violates their intellectual property rights. This is the standard fix-or-refund approach used across the SaaS industry.

If a third party claims that the Platform infringes their intellectual property rights, or if We believe such a claim is likely, We may, at Our option and expense:

• Modify the Platform so that it no longer infringes, while keeping the same core functionality;
• Obtain the rights needed for You to keep using the Platform; or
• If neither of the above is commercially reasonable, terminate Your Subscription and refund any prepaid fees for the unused portion of Your Subscription term.

This Section, together with Section 5.2, states the entire remedy available to You, and Our entire liability, for any claim that the Platform infringes a third party’s intellectual property rights.

We have no obligation under Sections 5.2 or 5.3 for any claim arising out of: (a) Your Information; (b) Your use of the Platform in a way not permitted by these Terms; (c) Your combination of the Platform with software, data, or materials not provided by Us, where the claim would not have arisen without that combination; or (d) modifications to the Platform not made by Us.

5.4 You will Protect Us.
EXPLANATION: This Section describes when You will protect Us from legal consequences brought by someone outside of You and Us. This includes claims brought by Your own employees, contractors, applicants, or other people connected to Your business.

You agree to defend, indemnify, and hold Us harmless, along with Our subsidiaries and Our respective officers, directors, board members, board advisors, employees, partners, agents, successors, and assigns, from and against any third-party claims, and any resulting loss, liability, claim, or demand (including reasonable attorneys’ fees and costs), made by any Third Party arising out of:

• Your use of the Platform;
• Your Information (including its content, accuracy, lawfulness, and Your right to use it);
• Any claim by Your employees, contractors, applicants, participants, or other people connected to Your business or workforce (for example, employment-related claims, privacy claims, or claims about Your policies, decisions, or actions);
• Your breach of Your confidentiality obligations under these Terms; or
• Your breach of these Terms.

For purposes of this Section, “Third Party” includes Your own employees, contractors, applicants, participants, and other people connected to Your business (they are third parties from Our perspective).

5.5 Excluded Damages.
EXPLANATION: This Section explains that certain kinds of damages (things like lost profits or lost data) are not available under this Agreement. This is standard in nearly every online software agreement and helps keep the risks predictable for both sides.

To the fullest extent allowed by law, neither You nor We will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost business, lost goodwill, or lost or corrupted data, even if the Party has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

This exclusion does not apply to: (a) each Party’s indemnity obligations under Sections 5.2 and 5.4; or (b) a Party’s breach of its confidentiality obligations under Section 4.

5.6 Limitation of Liability.
EXPLANATION: This Section describes what limits exist if there is a legal issue.

To the extent permitted by applicable law, the aggregate liability of You or Us arising out of or in connection with this Agreement will not exceed the total amounts paid or payable by You to Us under this Agreement during the 12 months prior to the event giving rise to the liability or claim.

This limitation of liability does not apply to: (a) each Party’s indemnity obligations in Sections 5.2 and 5.4; or (b) a Party’s breach of its confidentiality obligations under Section 4.

Section 6: Ending the Relationship – Termination

EXPLANATION: This Section simply describes how You or We can end our relationship.

6.1 User Access Termination.
EXPLANATION: This Section says We can cancel or suspend use of the Platform.

User access to the Platform is subject to cancellation or suspension by Us for breach or violation of the Agreement.

6.2 Termination at End of Subscription Term.
EXPLANATION: This Section says that Your subscription will automatically end at the end of Your subscription term.

If Your Order Form states that Your Subscription will not auto-renew, then Your Subscription will terminate at the end of the Subscription term with no further action required by You.

6.3 Termination for Cause.
EXPLANATION: This Section describes when Your subscription can be canceled.

You or We may suspend performance or terminate this Agreement if the other Party:

• Is in material breach of this Agreement and fails to cure that breach within 30 days after receipt of written notice; or
• Ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

In addition, We may immediately terminate this Agreement if: (i) any payment owed by You to Us is more than 60 days overdue; or (ii) Customer breaches Section 2.2.

6.4 Termination for Material Decrease in Functionality.
EXPLANATION: This Section says that if We make a change that materially decreases what the Platform can do, You may cancel. This is Your only remedy for that kind of change, and the change itself is not a breach of these Terms.

If We make a change to the Platform resulting in an overall material decrease in functionality, You may terminate this Agreement immediately by providing notice to Us. Upon receiving notice of termination from You under this Section, We will provide You with a pro rata refund of any fees prepaid by You applicable to the period following the termination.

Termination and refund under this Section are Your sole and exclusive remedy for any change resulting in a material decrease in functionality. A change of this kind is not a breach of these Terms by Us.

6.5 Consequences of Termination.
EXPLANATION: This Section describes how to handle payments when cancelling.

If this Agreement is terminated:

• By You due to a breach by Us, We will provide You with a pro rata refund for any fees prepaid by You applicable to the period following the termination of this Agreement; or
• By Us due to a breach by You, We will invoice You, and You will pay, for any accrued but unbilled fees for the Subscription term, and You will remain liable to pay any invoices outstanding on the termination date.

In no event will expiration or termination of this Agreement relieve You of any fees payable for the period prior to the date of termination.

Section 7: General Terms

EXPLANATION: This Section contains general things that are included in most Terms.

7.1 Governing Law, Venue, and Waivers.
EXPLANATION: This Section explains which state’s laws apply, where any lawsuit must be brought, and that both sides give up the right to a jury trial and to bring class actions. These are standard in business-to-business software agreements.

Governing law. These Terms, and any claims, disputes, or other legal proceedings by or between You or Us (including any that are in any way related to or arising under these Terms or Your access to or use of the Platform), shall be governed by the laws of the State of Florida, without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.

Venue. Any lawsuit, action, or proceeding arising out of or related to these Terms or the Platform must be brought exclusively in the state courts located in Pinellas County, Florida, or in the United States District Court for the Middle District of Florida, Tampa Division. You and We each consent to the personal jurisdiction of those courts and waive any objection to venue in those courts.

Jury trial waiver. To the fullest extent allowed by law, You and We each waive the right to a trial by jury in any lawsuit, action, or proceeding arising out of or related to these Terms or the Platform.

Class action waiver. To the fullest extent allowed by law, You and We each agree that any dispute arising out of or related to these Terms or the Platform will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action.

7.2 Events Outside of Our Control (Force Majeure).
EXPLANATION: This Section says that neither of us is responsible for delays or failures caused by events outside of our reasonable control. “Force majeure” is a legal term for these kinds of events.

Neither You nor We will be liable for any delay or failure to perform under these Terms (other than payment obligations) caused by events outside of the Party’s reasonable control. Examples include natural disasters, fires, floods, earthquakes, pandemics, epidemics, acts of war or terrorism, riots, civil unrest, government actions, labor disruptions, utility or telecommunications failures, internet or cloud service provider outages, cyberattacks, and similar events.

The affected Party will make reasonable efforts to reduce the impact of the event and resume performance as soon as reasonably possible.

7.3 Anti-Corruption, Export Controls, and Sanctions.
EXPLANATION: This Section covers a set of laws that apply to nearly all businesses that operate across borders or with the U.S. government. These are standard clauses in business software agreements.

Anti-corruption. You and We each agree to comply with all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act. Neither Party will offer, promise, give, or accept any bribe, kickback, or other improper payment in connection with these Terms or the Platform.

Export controls. The Platform and its underlying technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations. You agree not to export, re-export, or transfer the Platform, or any content from the Platform, in violation of those laws.

Sanctions. You represent and warrant that You, and any Users You authorize, are not: (a) located in, or a resident or national of, any country or region subject to comprehensive U.S. sanctions; or (b) listed on any U.S. government list of restricted or prohibited parties (including the Specially Designated Nationals List). You will not permit any such person or entity to access or use the Platform.

7.4 Our Company’s Name, Location, and Mailing Address.
EXPLANATION: This Section gives contact information for Us.

Amazing Workplace, Inc. is a Delaware corporation and does business as Amazing Workplace and Amazing Workplaces. Our headquarters or what is called our “principal place of business” is located at 360 Central Avenue, Suite 800, St. Petersburg, FL 33701. We have employees all over the United States.

7.5 Changes to Terms.
EXPLANATION: This Section explains that our Terms may change over time.

We may revise these Terms from time to time. When We revise the terms, We will notify You by email. Your continued use of the Platform is subject to the most current effective version of these Terms beginning 30 days after We email notice of the new terms.

7.6 Survival.
EXPLANATION: This Section explains which parts of these Terms continue to apply after the Agreement ends. Some obligations, like keeping Confidential Information secret, need to keep going after the Subscription is over.

The following Sections survive expiration or termination of this Agreement: Section 1 (Definitions), Section 2.2 (Platform Use & Restrictions), Section 3 (Fees & Payments, as to any amounts owed for the period before termination), Section 4.4 (Aggregated and De-identified Data), Section 4.7 (Confidential Information), Section 4.8 (What Information is not Confidential), Section 4.9 (When can I Share Confidential Information), Section 4.10 (Workplace Page Content), Section 4.11 (Amazing Workplace Content and Intellectual Property), Section 4.13 (Data Security, as to any obligations then in effect), Section 4.14 (No Warranties), Section 5 (Protecting You, Us, and the Platform), Section 6.5 (Consequences of Termination), and Section 7 (General Terms), along with any other provision that by its nature is intended to survive.

7.7 Entire Agreement and a Bit More.
EXPLANATION: This Section simply says that these Terms and Your Order Form contain all the things You and We agree to follow.

These Terms, together with the provisions agreed on Your Order Form(s), constitute the entire Agreement between You and Us regarding the use of the Platform and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. Headings, section names, and explanations in the Agreement are for convenience only, do not constitute part of the Agreement, and shall not limit, affect the interpretation of, or otherwise affect in any way the provisions of the Agreement.

You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce You to enter into this Agreement.

Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.

The Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by You except with Our prior written consent but may be assigned or transferred by Us without restriction.

Any attempted assignment by You shall violate these Terms and be void, unless such assignment is to: (i) a parent, affiliate, or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means “including but not limited to.”

No third-party beneficiaries. These Terms are between You and Us. No other person or entity has any rights under these Terms as a third-party beneficiary.

Thank you for using the Platform!