Scope

Terms of Use

iPEC SCOPE


Last Updated February 9, 2022

 

iPEC SCOPE APPLICATION: Terms of Use - USERS

The Specific Current Operational Profile of Energy (hereinafter “SCOPE”) is a personal assessment Application developed for Android and iOS Devices created by iPEC Perfect Creation, LLC d/b/a iPEC Coaching, (hereafter “iPEC”). PRIOR TO DOWNLOADING AND/OR USING THE SCOPE APPLICATION YOU MUST AGREE TO THE TERMS OF USE AS SET FORTH BELOW. PLEASE READ THE TERMS OF USE CAREFULLY. By clicking the "I Agree" button, downloading or using the SCOPE application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the SCOPE Software and Application.

TERMS OF USE AGREEMENT

This is a Terms of Use Agreement (“Agreement”) between you and iPEC regarding the use of the SCOPE Application and associated software, and information and applications within the SCOPE Application (collectively “SCOPE”). iPEC grants you a revocable, nonexclusive, nontransferable, limited license to download, install the software to support SCOPE and use the SCOPE Application solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement.

1. Our Use of Data to Provide the Service. iPEC may use, access, and retain user data in order to provide the SCOPE Application and Assessments to you and to enforce the terms of the Agreement; you expressly grant iPEC all necessary permissions to do so. These permissions include, for example, the rights to copy your data for backup purposes, modify user data to enable access in different formats, and access user data to provide technical support. iPEC respects your privacy, and your data are subject to iPEC’s Privacy Policy (See Paragraph 10 below).

When you select Facebook as the sign in mechanism, we collect your user Facebook ID, Email, First Name, and Last Name for authentication and registration purposes. When you select Google as the sign in mechanism, we collect your user Google ID, Email, First Name, and Last Name for authentication and registration purposes.

2. Intellectual Property of iPEC. SCOPE and all digital content pre-loaded into the SCOPE Application, and any and all applications which form part of the SCOPE Application, including, but not limited to, the SCOPE Assessment, are the intellectual property of iPEC. This content may not be reproduced in any manner without the express written consent of iPEC.

3. Trademarks. The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on, within or through the SCOPE Application, are registered and unregistered Trademarks of iPEC and may not be used unless authorized by iPEC. iPEC will enforce its Trademark rights to the fullest extent of the law.

4. Proprietary Rights. As between you and iPEC, iPEC owns, solely and exclusively, all rights, title and interest in and to SCOPE, all the content, code, data and materials which comprise SCOPE, and the look and feel, design and compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of SCOPE does not grant you ownership of any content, code, data, or materials that you may access through use of SCOPE.

5. Limits On Use Of SCOPE Software. We may make available to you software for your use in connection with SCOPE (the "Software"). Prohibited Use. You may not commercially distribute, publish, or exploit the SCOPE Software, or any content, code, data, or materials on or within the SCOPE Software, unless you have received the express written approval of iPEC. You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials which comprise the SCOPE Software and its Application. iPEC will strictly enforce its intellectual property rights to the fullest extent of the law.

You agree not to, and you will not permit others to license, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the SCOPE Software or make any part of SCOPE available to any third party. You further agree that you will only use the SCOPE Software, SCOPE Application and its contents, including, but not limited to, the SCOPE Assessments, for your own personal use.

6. Purpose of SCOPE. The SCOPE Application and the individual SCOPE Assessments are designed to enable you, as the user, to assess your current energy level at any given moment. The results of the SCOPE Assessments are based upon your individual responses to specific questions, which questions may or may not be pertinent to any or all situations. iPEC cannot, and does not, guarantee the accuracy of any SCOPE Assessment.

7. Using SCOPE. You may only use the SCOPE Application, and the SCOPE Assessment, to assess your current energy level at the time you take each SCOPE Assessment. You will be able to retrieve the results of prior SCOPE Assessments, and use the features available through the SCOPE Application. You may not use SCOPE to store, transfer or distribute content of SCOPE or on behalf of third parties to operate your own file storage application or service, or to resell any part of the SCOPE Software which comprises the SCOPE Application, or any application contained therein. You are solely responsible for the content and information you provide when using the SCOPE Application and its features, and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that the device upon which you download the SCOPE application is and remains free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

8. Your Data. All data you enter into the SCOPE Application and/or any SCOPE Assessment is owned by you. Please refer to Paragraph 10 below for information on how iPEC processes personal data that you enter into the SCOPE Application and/or any SCOPE Assessment.

9. Sharing Your Data With an iPEC Certified Professional Coach. The SCOPE Application provides features that allow you to share the results of your SCOPE Assessments with iPEC Certified Professional Coaches (“Coach”). You are solely responsible for how you share your data and who may access the data that you share. In the event that you choose to connect with and/or share your data, including the results of any SCOPE Assessment, with any Coach, iPEC is not liable, in any way, for your decision to connect with and/or share your data with any Coach. iPEC does not guarantee or warrant the results of any consultation with or relationship formed between you and any Coach. The SCOPE Application merely grants you the opportunity to connect with a Coach, if you choose to do so. By connecting with or forming a coaching relationship with an iPEC Certified Professional Coach, you expressly agree that iPEC is not responsible and cannot be held liable for any damages whatsoever, in any form, including negligence, arising out of or related to any communication with, or sharing of your data with, any Coach chosen by you through the SCOPE Application. Please refer to any information that your Coach may have provided to you, such as a privacy policy, to learn how your Coach uses personal data that you share with that Coach.

10. European Users

Scope. This section applies to individuals in the EU and in the United Kingdom (UK) (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein, and Norway and, to the extent applicable, Switzerland).

Data Controller. iPEC Coaching and its authorized licensees process your Personal Data provided in connection with the operation of the Programs as joint data controllers. iPEC Coaching also acts as a data controller when we process data relating to our users’/coaches’ use of our services, including statistical usage data derived from the operation of our services, data regarding configurations, log data, filtering choices and information regarding the performance results for the services. Any questions relating to this Privacy Policy, including exercising the rights described below, should be directed to iPEC Coaching (please see relevant contact information, and the contact information of our EU-based representative, in the “Contact Us” section below). 

We act as a data processor on behalf of our coaches for the processing of Personal Data provided by coaches’ clients when taking an Assessment. If you are a client of one of our coaches, please contact that coach to exercise the rights described below.

Your Rights. Pursuant to the European Union General Data Protection Regulation (or GDPR), you have the following rights in relation to your Personal Data, under certain circumstances:

·        Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

·        Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

·        Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.

·        Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

·        Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

·        Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:

o   If we are relying on a legitimate interest to process your Personal Data, unless we demonstrate compelling legitimate grounds for the processing or your data is needed to establish, exercise or defend legal claims;

o   If we are processing your Personal Data for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above);

·        Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.

·        Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

Please see the “Contact Us” section below for information on how to exercise your rights. 

Legitimate Interest. “Legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

Data Transfers. iPEC is based in the United States. Personal Data collected through the Site and the App will be stored on and transferred to the offices of iPEC and its authorized third-party business vendors located globally, including in the United States and Canada, for the purposes described in this Privacy Policy. Please note that some of these countries may have data protection laws less stringent than or otherwise different from the laws in effect in the EU, the UK, or Switzerland. Canada has been considered by the European Commission to provide an adequate level of protection for personal data (Commission’s Decision 2002/2/EC).

Before July 16, 2020, we relied on our EU-U.S. Privacy Shield certification to transfer Personal Data that we receive from the EU and the UK to iPEC in the U.S. On July 16, 2020, the European Court of Justice ruled that the EU-U.S. Privacy Shield is no longer available for these data transfers. In light of this, iPEC no longer participates in the Privacy Shield. For data transfers from July 16, 2020 onwards we instead rely on Standard Contractual Clauses approved by the European Commission to transfer Personal Data we receive from our EU-based authorized licensees. Transfers of your Personal Data to iPEC to the United States are also necessary to perform the agreement we have entered into, or are about to enter into, with you or otherwise in your interests. However, we will continue to protect all data transferred to us under the Privacy Shield before July 16, 2020 in accordance with the principles of the Privacy Shield.

Please read iPEC’s Privacy Policy for more information regarding what data we collect, how we use and share that data, and your choices concerning our data practices.

11. Changes, Modifications and Corrections. iPEC reserves the right to change, modify or make corrections to any of the applications, information or services provided on, by or through SCOPE at any time and without prior warning.

12. Termination. iPEC may terminate, change, suspend, or discontinue any aspect of SCOPE and/or services provided through SCOPE at any time. iPEC may restrict, impose limits on, suspend, or terminate your access to the site and service, and features thereof, at any time and for any or no reason, suspend or terminate this Agreement with or without notice to you. This Agreement will terminate immediately, without prior notice from iPEC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop

13. No Guarantees. iPEC cannot, and does not, guarantee the correctness, precision, thoroughness, or completeness of any of the information available on the site; this includes, but is not limited to, any SCOPE assessment taken by you, nor will iPEC be liable for an inaccuracy or omission concerning any of the information provided on, by, or through SCOPE.

14. Disclaimer of Warranties. The SCOPE Software, Application, site, contents, functions and materials are provided "as is", "as available", and without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information on the site, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. iPEC hereby disclaims any and all such warranties, express or implied. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty.

15. Limitations of Liability. In no event, including but not limited to negligence, shall iPEC, its owners, officers, employees, contractors or agents, content, or service providers (collectively, “The Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and functions related thereto, your provision of information via the site, lost business or lost sales. Certain jurisdictions may prohibit some or all of the above noted limitations; however, in no event, shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from the terms of service or your use of the site exceed, in the aggregate, the amount, if any, paid by you to iPEC for your use of the site and service (for a the period of no more than the prior 12 months) or the purchase of products or services via the site.

16. Indemnification of iPEC. You agree to defend, indemnify, and hold iPEC, its owners, officers, employees, contractors, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorney fees, arising in any way from your use of the SCOPE Software, SCOPE Application, SCOPE Assessments, and use of the information available through the SCOPE Application, your placement or transmission of any message, content, information, software, or other materials through the site, or your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

17. Disputes/Binding Arbitration. By downloading and/or using SCOPE or any application thereof, you agree to submit any dispute or claim arising from or relating to the Agreement or the use of SCOPE, which cannot be settled privately between you and iPEC, to be settled through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The parties shall agree to a single arbitrator from the approved list of Arbitrators provided by the AAA. In the event that the parties cannot agree on a single arbitrator, each party will choose one arbitrator from the list of approved arbitrators, and the two (2) chosen arbitrators will choose a third arbitrator. The place of arbitration shall be the State of New Jersey, in the United States of America. New Jersey law shall apply. All decisions rendered through arbitration are final and cannot be appealed. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

18. Notice of Dispute. In the event of a dispute, you must give iPEC a Notice of Dispute, which is a written statement of the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. Send it by U.S. Mail to: iPEC Coaching, 149 Avenue at the Common, Suite 202, Shrewsbury, New Jersey 07702. You will attempt to resolve any dispute through informal negotiation with iPEC within 60 days from the date the Notice of Dispute is sent. After 60 days, you may commence arbitration, subject to the terms of this Agreement.

19. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that you will not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

20. Governing Law and General Provisions. This Agreement shall be governed and construed under the laws of the State of New Jersey, United States of America, without regard to conflict of law rules. This Agreement is the entire Agreement between you and iPEC with respect to SCOPE, and supersedes any communication, advertisement, or representation regarding SCOPE. This Agreement shall be binding upon and inure to the benefit of you and iPEC and their respective successors, assigns and legal representatives.

21. Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under the laws of New Jersey and the remaining provisions will continue in full force and effect.

22. Amendments to Terms of Use Agreement. iPEC reserves the right, at its sole discretion, to modify or replace the Terms of Use which form this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

23. Contact Us. If you have any questions about this Agreement, please contact us at privacy@ipeccoaching.com or by post at:

iPEC Coaching

149 Avenue at the Common, Suite 202,

Shrewsbury, NJ 07702

If you are an individual in the EEA or the UK, you can also contact DataRep, who has been appointed as iPEC Coaching’s representative in the EEA and the UK pursuant to Article 27 of the European Union General Data Protection Regulation on matters related to the processing of personal data that take place in the EEA and the UK. Please contact DataRep as follows:

·        send an email to DataRep at datarequest@datarep.com quoting <iPEC Perfect Creation, LLC> in the subject line,

·        contact DPR on the online webform at https://www.datarep.com/data-request