End User Agreement

About our terms of use and services

These terms of use apply to your use of our Site and the services provided through our Site which include uploading and accessing content, information and discussions (“Content“) from our Site (the “Services“).

We reserve the right to change the Terms of this End User Agreement from time to time and we will notify you of such changes the next time you access the Site. These terms and conditions were last updated on 23 October 2019. Your continued access or use of this Site after such change signifies your acceptance of the updated or modified EULA.

The Services are provided by PathMotion S.A.S (“PathMotion”) and our registered details are set out below (we, us and our).

BY ACCESSING AND/OR USING OUR SERVICES OR SITE, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. YOU CONSENT TO SHARE YOUR PERSONAL DATA AND ADHERE TO OUR COMMUNITY GUIDELINES TO ACTIVATE A PATHMOTION ACCOUNT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR SERVICES, SITE OR CONTENT AND YOU SHOULD NOT PROCEED FURTHER.

PathMotion Registered Details

PathMotion is registered PathMotion S.A.S (t/a Clinch Employee Connections) at:

25 Rue de Ponthieu Paris, 75008 France

Registered with the Registre du Commerce et des Sociétés of Paris under number 510 874 886 (SIREN)

Contact

For any queries, send an email to [email protected].

Definitions

In addition to terms otherwise outlined within this Agreement, the following terms are defined:

• Administrator: any User who is an employee of a Client and has administrative rights over the Platforms and Content.
• Candidate: any User which is not using the Site on behalf of the Client including an Administrator or Insider.
• Client Platform: a personalised Platform to a specific, individual Client
• Content: Comment, assessment, analysis, review, video, image or any other information in any format and any nature whatsoever, in connection with the subject posted on the Site by Users.
• Site: The PathMotion features and Services accessible from multiple platforms (including Internet and mobile phones), including subdomains, co-brands and white labels, and international domains.
• Company, PathMotion, We, Us, Our: refers to PathMotion S.A.S., registered with the Registre du Commerce et des Sociétés of Paris under number 510 874 886, whose registered office is located at 9 Rue Vineuse, 75016 Paris (France), which according to the Services available over the Site, either is performing hosting of Content or is the publisher of the Site. It is the data controller of your personal data.
• Client: potential recruiter, partner of PathMotion who has signed a contract with PathMotion and who will have access to Content you submit on the Client Platform.
• GDPR: refers to the General Data Protection Regulation, Regulation (EU) 2016/679
• Insider: any User who is an employee or affiliate of a Client but not an Administrator and is a registered User of the Platform on behalf of the Client.
• Insights: refers to any content shared to be part of an online platform on a Platform
• Platform/Platforms: Career Inspiration and Live Chat Events platforms made available by PathMotion and any Plugins. This includes the hosting of Content that is provided to the User that forms part of the Services and the Site.
• Plugin/Promotional Plugin: an implementable website element (visible or hidden) generated by code provided by PathMotion that generates a separate window which can appear on Client websites which pulls Content, such as a discussion or profile, from the Platform.
• Service/Services: An online community that enables Clients to place individuals online with a profile, share information and Insights and receive questions and messages from Candidates registered on the Site, as further detailed in the ‘Description of Service’ below.
• Terms: the terms and conditions of this End User Agreement, that must be accepted prior to you using the Services or the Site.
• User: Any user of the Site who creates a PathMotion account and accepts the present Terms, including Candidates, Administrators and Insiders.

The provision of the Service

The Site is an online community that enables companies to place individuals online with a profile, share information and Insights and receive questions and messages from other individuals registered on the Site. The browsing behaviour for all parties is recorded and used to show additional Content and information to its Users in accordance with our Cookie Policy, below. Services include, but are not limited to, Content PathMotion and other Users make available to you through the Site. Content includes, but is not limited to text, User comments, messages, information, data, graphics, news articles, images, illustrations, and software.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of PathMotion. PathMotion reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. PathMotion may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of discussions and information and you are directed to retain your own copies of all Content posted on the Site. Community guidelines are made available which define appropriate and inappropriate behaviour whilst using the Services.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality or fitness for purpose of any Content and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the Content unless we have fraudulently mis-represented the Content.

We will provide the Services with reasonable skill and care.

Registration and account

As a condition to using the Services (including having a profile, submitting a question or comment, joining, subscribing to, or running a Live Chat Event), you are required to open an account with PathMotion. You will need to provide your first and last name, your email address and choose a password.

Insiders and Administrators need to be invited to the platform by another Administrator. In this case, the name and email address will be supplied by the Administrator. Users not affiliated with the Client can open an account on the Platform.

By creating an account with PathMotion, you are accepting the Terms, including the Community Guidelines detailed below.

Users (but not Insiders and Administrators) have the option to create an account linked with either your Facebook or LinkedIn accounts. If you agree to create a PathMotion account using your Facebook or LinkedIn account your PathMotion profile will automatically populate using your personal information, including a profile photo, from your Facebook or LinkedIn account as applicable. Any other information you provide to us is purely voluntary.

You are responsible for maintaining the confidentiality of your username and password and you are solely responsible for all activities resulting from the use of your password and conducted through your PathMotion account, including for any Content posted from your PathMotion account.

Your use of the Site

As a condition of your use of the Site, you warrant that (i) all Content supplied by you on the Site, including your registration details, is true, accurate, current and complete, (ii) if you have user log in details, you will safeguard your account information and will be completely responsible for any use of your account by anyone other than you, (iii) you are 16 years of age or older; (iv) you possess the legal authority to enter into this End User Agreement and to use this Site in accordance with the Terms; and (v) you will only use this Site and Service to interact and discuss anything related to employment and general professional discussions with professional individuals and not for any business purpose, including as an agent or other market intermediary.

Failure to comply with these Terms and, in particular, the above warranties, may result in immediate termination of your PathMotion account.

You must adhere to PathMotion’s Community guidelines to have an account on a Platform. Failure to adhere to Community guidelines may result in account modification, blocking or deletion.

Community Guidelines

Whilst PathMotion’s content team works hard to keep inappropriate Content off Client Platforms, PathMotion do not control, and cannot be liable for any Content submitted by you or any other User. You are solely responsible for Content as submitted by you (pictures, ratings, test results, membership in professional networks, or any other data disclosed on the Site) and you acknowledge that Content submitted by others expresses the views of its respective authors, and not our views.

You acknowledge and agree that you will not submit any Content that:

• is racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, self-harm, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;
• contains any viruses and/or other code that has contaminating or destructive elements;
• contains any personal data and if you do you shall be wholly responsible for any breach of applicable data protection legislation in doing so;
• contains private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• is unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations
• is false, unlawful, misleading, libellous, defamatory;
• impersonates, or misrepresents an affiliation with, any person or entity.

With the exception of accessing ‘RSS feeds’, which allows you to access updates to online Content in a standardized, computer-readable format, you shall not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure or Site; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

If you see Content that you think does not belong on Client Platforms or you suspect abuse of the Site or a breach of the Terms, please contact us.

Content submitted by you on the Site

You agree that, by submitting Content to the Site, you:

1. grant us, our affiliates, the Client and other Users a perpetual, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Content. You accept that PathMotion or the Client may modify the Content to improve its quality or make it more likely to find via online search. However please note that if Content contains any personal data we will only use this in accordance with our Privacy Policy;
2. represent and warrant to PathMotion that:
   1. the Content is owned or duly licensed by you;
   2. PathMotion and the Client is free to publish, distribute and use the Content as hereinafter provided for without obtaining permission or license from any third party or making any further payments; and
   3. the Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

You acknowledge that PathMotion can change or remove any Content submitted to the Platform by you or any other User at any time without any reason or prior notice.

Intellectual Property Rights

All intellectual property rights in the Site and Services are owned by us or our licensors. Except as expressly set out here, nothing in this End User Agreement gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by or accessing our Site or receiving the Services.

We grant you a limited and personal license to use our Services and Content not submitted by you via the Site in accordance with this End User Agreement.

You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site, including the Content.

Subject to the terms of the license you grant us under the above heading ‘Content submitted by you on the Site’, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

Personal data and privacy on the Platform

1. Controller

PathMotion is the controller and responsible for your personal data.

2. What personal data do we store?

As part of your PathMotion account, we store the following required data:

• First and last name
• Email address
• Password (encrypted, no one at PathMotion knows the password)

In addition to the required data, you may volunteer information as part of your profile, in Content you upload or by linking a social media account. For Insider and Administrator accounts, additional data stored can include:

• Previous professional and educational experience
• Profile information, including current job, advice and achievements

A profile photo can be added to your account, this is optional. If connecting to the Platform though Facebook or LinkedIn, your account will take the photo from the respective account. This can be removed at any time.

The Platform never prompts or requires special categories of personal data (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs) as defined by GDPR, but you are free to volunteer data as long as it pertains to you and adheres to the Community Guidelines.

As part of your Platform use, we store the following data:

• Question title, if you choose to ask a question
• Question additional information, if added to your question
• Discussion comments, if added
• Live Chat subscription and attendance
• In-chat activity: questions, question viewed and comments

Cookies and tracking technologies, such as cookies and scripts, are used to capture and store your personal browsing behaviour, including pages viewed, session length, discussions and comments posted. Please see our Cookie Policy below for further information.

The User is responsible for any Content submitted to the Site, PathMotion may modify or delete Content if it does not adhere to the Community guidelines.

3. How and where is data stored?

All Platform data is stored securely in an encrypted database in cloud infrastructure managed by a third party. Redundant datacentres are located in Belgium.

Data may be transferred outside of the European Economic Area (EEA) in cases where the client, or third party’s infrastructure providing platform features, is located in different countries. All transfers destined outside of the EEA are done in compliance with data protection legislation. For a full list of third parties, please see:

The full list of third parties:

• Google Cloud Platform (GCP) - https://cloud.google.com/gcp/
• Mailjet - https://www.mailjet.com/
• Cloudinary - https://cloudinary.com/
• Ziggeo - https://ziggeo.com/
• POEditor - https://poeditor.com/
• Instana - https://www.instana.com/
• Atlassian - https://www.atlassian.com/
• CircleCI - https://circleci.com/
• Sentry - https://sentry.io/
• Data Studio - https://datastudio.withgoogle.com/
• Google Analytics - https://analytics.google.com/

All data is encrypted and uses industry security standards. PathMotion is concerned with protecting your privacy and data, we have security processes in place to minimise any unauthorised access to your information or any data that you have supplied whilst using the Site. We cannot, however, guarantee that we will eliminate all risk of misuse or unauthorised access of your personal information.

The Platforms operate on HTTPS and forms are encrypted using secure socket layer technology (SSL).

4. Why we store your data and what we do with it

First and last name

Your name is used to identify you on the Platform. If you post a non-anonymised question or comment on a Client Platform, your name (anonymised to your first name and first initial of your last name) is used to show the question/comment author both on the Platform or in Promotional Plugins (if used by the Client).

Email address

Your email address is used for communications from the Platform and potentially from PathMotion and the Client. Notifications about Platform features (e.g. new comments on a question, Live Chat reminder notifications) are sent to this email address. PathMotion will respond to any of your questions and concerns. The Client may also contact you via the email address you provide on the Platform.

Profile photo

Displayed beside any non-anonymised questions or comments posted on the Platform. The profile photo may also be listed beside your first and last name to the Client as part of the Services. Questions and comments may appear in Promotional Plugins used by the Client.

Content: questions, comments

All questions and comments submitted on the Platform are associated with your User account. This is a core element of the Platform.

Password

PathMotion encrypts your password and offers a way to reset it. PathMotion does not know what your password is and does not share it or use it in any manner.

Personal browsing behaviour

Your personal browsing behaviour includes:

• Pages you have viewed
• Live Chats you have subscribed to and attended on the Platform
• Questions and comments you have submitted
• Time you have spent on the Client Platform

This data is used to analyse and improve the Platform and Services, analyse trends and provide certain features. The analysis of this data permits PathMotion to notify you, as part of the Services of:

• Discussions you may be interested in
• Live Chats you may be interested in attending
• Insider profiles similar to topics or other profiles you have viewed

Your account and browsing behaviour is used to calculate the perceived effectiveness of the Platform for a Client. This may include whether a User ends up joining a Client (or one of their competitors), and whether they stay in that organisation for up to, or more than, 2 years—the average duration of a graduate programme. An algorithm may be used to demonstrate to the Client how much interest you may have in their organisation where you have consented to such profiling.

You may halt the processing of any of your data at any time by contacting PathMotion, however this may result in your account being deleted and PathMotion being unable to provide any Services to you.

Career path and Insights (Insiders and Administrators only)

If you are an Administrator or Insider, PathMotion allows you to submit information about your career and education, known as Insights. This is used as part of your Profile on the Platform.

5. Marketing

We will not use your personal data for marketing purposes.

6. Legal Basis for Processing Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to provide the Services or give you access to the Platform in accordance with the Terms.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data, however, we will only use your personal data for profiling activities described in these Terms where you have provided consent. Your consent can be withdrawn at any time by contact us.

7. How long do we store your data and why?

Accounts will be removed from PathMotion servers after 3 years of inactivity, being your last login date. Insider accounts which are published on a Platform are deemed to be active and are therefore not deleted after 3 years of inactivity.

If an account has been used to submit a question or comment, personal data will be pseudonymised/anonymised (including removing any profile photo and changing the surname) instead. Questions and comments are at the core of PathMotion’s Services, removing these in their entirety would significantly affect the impact of the platform.

8. Who has access to your data?

Clients

The Client may use your personal data for the sole purpose of:

• assessing you for a potential job with the Client;
• contacting you in relation to a potential job with the Client;
• marketing the Client’s brand to you;
• engaging with you; and
• building talent pools.

Personal data of Insiders and Administrators is available to the Client and may be used to review activity on the Platform.

Please note however that the Client may also become a data controller in respect of your personal data, in which case you should review the Client’s privacy notice in addition to these Terms.

Public platform data

Discussions and comments posted on a Client Platform are publicly available to any User who accesses the Client Platform. Your first name and first initial of your last name will be listed beside Content that has not been submitted anonymously, as will a profile photo (if applicable).

No personal data should be submitted in the question, additional information and comment fields. If personal data is submitted, it may either be publicly visible on a Client Platform or removed. PathMotion does not take responsibility for personal data submitted in these fields which could be processed by third parties.

Private User data

PathMotion and Administrators have access to email addresses and may have access to your personal browsing behaviour. Any other data you have added to your profile will also be made available.

PathMotion does not sell any data to third parties.

PathMotion uses third parties for hosting, infrastructure and certain platform features. For an up-to-date list of third parties that store personal data, please see:

The full list of third parties:

• Google Cloud Platform (GCP) - https://cloud.google.com/gcp/
• Mailjet - https://www.mailjet.com/
• Cloudinary - https://cloudinary.com/
• Ziggeo - https://ziggeo.com/
• POEditor - https://poeditor.com/
• Instana - https://www.instana.com/
• Atlassian - https://www.atlassian.com/
• CircleCI - https://circleci.com/
• Sentry - https://sentry.io/
• Data Studio - https://datastudio.withgoogle.com/
• Google Analytics - https://analytics.google.com/

PathMotion will disclose your information:

• where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to comply with the law and the reasonable requests of law enforcement;
• to enforce our Terms of Service or to protect the security or integrity of our Services;
• to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice; and/or
• to exercise or protect the rights, property, or personal safety of PathMotion, our Users or others.

9. How to modify, delete or enquire about your data

You may modify or delete your personal data on your profile at any time. You may also terminate your account at any time. This can be done by logging into the Client Platform and following instructions to delete it.

Subject to certain exceptions, you have the right to export your data in a readable format, the right to restrict processing, the right to object to us processing your data (in which case we will delete your data on your written request) and the right of access to any data PathMotion holds about you as defined in the GDPR.

If you remove information that you have made public on our Sites, copies may remain viewable in cached and archived pages of our Sites, or if other Users have copied or saved that information.

10. How to contact PathMotion

If you have any questions or concerns, please contact us.

Other data

Google Analytics is integrated within the Services to provide insight and the ability to analyse trends across Client Platforms.

Browsing information is automatically reported by your browser each time you access Client Platforms. For example, certain information that your web browser sends whenever you visit any website is automatically recorded. This may include information such as your operating system, browser type, referring/exit pages and URLs, domain names, landing pages, number of clicks, pages viewed and other such information. Data from this source is anonymous, is not linked to other Platform data and does not include any personally identifiable information.

Cookies

Our Site and Platforms use cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse our Site and Platforms and also allows us to improve our offerings.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our Site and Platforms. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Site and Platform when they are using them. This helps us to improve the way our offerings work, for example, by ensuring that Users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our Site or Platforms. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Social Media cookies. These cookies are used to manage platform login if the user decides to create a PathMotion account via Facebook Connect

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Provider	Name	Purpose	Type	Expiration	Category
PathMotion	cookie.consent	Stores your cookie preferences on the site	Persistent	1 year	Strictly necessary
PathMotion	CLINCH_EC_SESSION	Stores your authentication information	Persistent	12 hours	Strictly necessary
PathMotion	Next-Locale	Stores your selected language on the platform	Session	Session	Strictly necessary
PathMotion	closed-live-chat-notification-banner	Stores the identifier for the live chat of which you dismissed the banner for	Session	Session	Strictly necessary
Google	_ga	Used to distinguish users	Persistent	2 years	Analytical
Google	_ga_<container-id>	Used to persist session state	Persistent	2 years	Analytical

Additional Boolean cookies, cookies which do not have any personally identifiable information, may be used as new features are added to the platform.

Please note that third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Complaints

Lodging a complaint with a supervisory body

Users have the right to lodge a complaint with a supervisory body. The supervisory body is dependent on your country of residence. PathMotion makes the follow contacts available, covering the majority of Users:

United Kingdom: Information Commissioner’s Office (ICO)

You can send an email to [email protected]or visit their site online and use another method of contact: https://ico.org.uk/global/contact-us/.

France: Commission Nationale de l’Informatique et des Libertés (CNIL)

Visit their site online to find the best method to lodge a complaint:

https://www.cnil.fr/cnil-direct?visiteur=part.

USA: Federal Trade Commission (FTC)

Visit the FTC online to lodge a complaint: http://ftc.gov/complaint.

Copyright complaints

PathMotion respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement of any person. PathMotion will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify PathMotion of a possible Infringement, please contact us and include in your notice a detailed description of the alleged Infringement sufficient to enable PathMotion to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the User who posted the affected Content. If you feel that your Content is not infringing, you may provide PathMotion with a counter notice in writing via email. You must include in your counter notice sufficient information to enable PathMotion to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

Links

Links to other external websites or resources may be posted on Client Platforms. Because PathMotion has no control over such sites and resources, you acknowledge and agree that PathMotion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PathMotion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

PathMotion also provides Users with tools to create hyperlinks from the Site, including Facebook links. The presence of illegal content on these linked sites is not the responsibility of PathMotion who shall have no liability for such content. The Company reserves the right at any time and without justification, to modify, add or delete hyperlink(s) present(s) on the Site.

Limitation of liability

Nothing in this End User Agreement shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
• for any other liability that, by law, may not be limited or excluded.

PathMotion are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

This Site, Services and Content are only available for your personal use and in no event shall we be liable to you for any business losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice or in respect of Content not provided by us.

Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the higher of £100 or the Fees paid by you to us in the 12 months preceding a claim.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. We recommend that you back up any Content and data used in connection with the Services, to protect yourself in case of problems with the Site or Service

Termination

PathMotion may terminate or suspend any and all Services and/or your PathMotion account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your PathMotion account, you may simply discontinue using the Services or by logging into the Client Platform and following instructions to delete it.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination.

Change

PathMotion reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, PathMotion will notify you by posting an announcement on the Site. What constitutes a material change will be determined at PathMotion’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind PathMotion in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

PathMotion shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PathMotion’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. PathMotion may transfer, assign or delegate the Terms and its rights and obligations without consent.

These Terms are governed by English law and you can bring proceedings in the courts of England and Wales. However this does not prejudice your right to bring a claim in respect of these Terms in the court of the country where you are a resident.

Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

The Site, in whole or in part, may be protected by copyright, trademark law, the right of databases or other proprietary or intellectual property rights.

Icons used throughout the PathMotion platform are made available either through creative commons licensing or is given explicit accreditation:

• Road sign: https://www.iconfinder.com/icons/3687825/adventure_road_street_sign_way_icon
• Star: https://www.iconfinder.com/icons/216469/star_icon

The Content and / or presentation of the Site, in whole or in part, may not be downloaded, copied, reproduced, distributed, transmitted, distributed, displayed, sold, licensed or exploited in any manner for any purpose whatsoever without the prior consent of the Company and / or the Company’s licensors.