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Terms of Service

Effective Date: January 1, 2025

ChangeCurve and its affiliates (collectively, “ChangeCurve,” “Company,” “we,” or “us”) welcome you (the “User” or “you”) to ChangeCurve.com! Please take the time to carefully review these Terms of Service (the “Terms”) and our Privacy Policy available at https://www.ChangeCurve.com/privacy-policy (which may be updated periodically, referred to as the “Privacy Policy”), as they govern your use of our website at http://www.changecurve.ai, as well as any additional websites or web pages owned or operated by ChangeCurve (such as landing pages created for advertisements) (collectively, the “Site”). These Terms also apply to the services described in Section 1, which include the ChangeCurve Community Portal. For simplicity, the Site and the services outlined in Section 1 are collectively referred to as the “Services.”

If an organization or another third party, such as your employer, has invited you to use or access the Services (including the Community Portal), it means you are accessing them under a subscription agreement for the Services or other ChangeCurve products (the “Customer”). If this applies, the Customer has entered into a separate written agreement (the “Customer Agreement”) with us for a subscription to these Services or other ChangeCurve offerings. Your rights to use the Services are therefore subject to the Customer’s rights and obligations under that agreement. You also acknowledge that the Customer may have certain control over how you use the Services. For instance, the Customer may suspend or terminate your Community Portal Account (as defined below), limit your access to certain features or data, or modify your permissions to post or upload content within the Services (including within the Community Portal). Furthermore, your ability to use the Services will automatically terminate upon the expiration or termination of the Customer Agreement.

If you are accessing or using the Services independently and not under a separate Customer Agreement, these Terms alone will govern your use of the Services, and no additional agreements will apply.

Unless otherwise explicitly agreed in writing by ChangeCurve, by accessing, connecting to, or using the Services, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. By continuing to use the Services, you agree to abide by these Terms and comply with all applicable laws and regulations. Additionally, you acknowledge that these Terms form a binding and enforceable legal agreement between you and ChangeCurve.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY AND ITS AFFILIATES TO THESE TERMS. In such cases, the terms “Customer,” “you,” or “your” shall refer to that entity and its affiliates. If you do not possess this authority, or if you do not agree with these Terms, you must not accept this agreement and are prohibited from using the Site or Services.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. Any software provided as part of the Services is licensed to you, not sold.

By accepting these Terms, you also confirm that all information you provide through the Services is accurate, truthful, and complete. Submitting false or misleading information is strictly prohibited.

  1. APPLICABILITY OF THESE TERMS; SERVICES

These Terms govern your access to and use of the Site, as well as your use of the following services provided by ChangeCurve:

ChangeCurve Free Edition

The ChangeCurve Free Edition provides users with a complimentary, limited-access version of ChangeCurve’s web-based change adoption platform (referred to as the ChangeCurve System™). This version allows users to guide and engage prospects, customers, employees, and partners in completing online tasks and navigating digital experiences. The Free Edition includes limited functionality, such as scaled-down versions of the following features: the ChangeCurve Editor, ChangeCurve Player, and ChangeCurve Analytics.

  • ChangeCurve Editor: This tool enables users to build, manage, and publish content for engagement and guidance, such as interactive walkthroughs (“WalkThrus”). The ChangeCurve Editor is compatible with specific browsers, including Internet Explorer, Edge Chromium, and Chrome. Users are solely responsible for downloading and installing compatible browsers, as ChangeCurve assumes no responsibility for browser performance.
  • ChangeCurve Player: The Player delivers the content created in the ChangeCurve Editor to users, including prospects, customers, employees, and partners. It is accessible either via a code snippet embedded in a website or as a browser extension.
  • ChangeCurve Analytics: This analytics dashboard offers insights into user interactions with published guidance and engagement content.
  • ChangeCurve Visions™: This advanced tool records, analyzes, and replays user sessions, providing insights into end-user engagement and interaction through next-generation digital analytics.

ChangeCurve University

ChangeCurve University offers a range of online, instructor-led, and hybrid courses designed to train users on how to effectively utilize ChangeCurve’s products and services to meet their organizational needs. The University provides various skill-building courses and a certification program to become a certified ChangeCurve builder. Note that participation in the certification program may require a separate agreement with ChangeCurve.

ChangeCurve World Community Portal

The ChangeCurve World Community Portal (“Community Portal”) serves as a centralized hub for ChangeCurve customers, partners, employees, and others interested in change adoption to explore resources, share knowledge, connect with peers, and engage with the ChangeCurve community.

QA Recorder

The QA Recorder is a Chrome browser extension that provides users with a free, limited version of ChangeCurve Visions™. It streamlines bug reporting for quality assurance (QA) and research and development (R&D) teams by enabling users to record, analyze, and share session recordings.

  1. ACCOUNT AND PASSWORDS

To access certain features of the Services, users are required to create an account (collectively referred to as an “Account”).

  • Creating a Free Edition Account: To access the ChangeCurve Free and Paid Editions, you must register by providing details such as your name, company email, phone number, and company name. Once registered, your Free and Paid Edition Accounts will allow you to use the ChangeCurve Editor, which you may uninstall at any time at your discretion.

By creating an Account through third-party social networks like Google, you authorize ChangeCurve to access your public profile on those platforms.

You must also create a secure password to protect your Account. You are responsible for safeguarding your Account credentials and must not share them with anyone. Additionally:

  • Your Account is personal to you, and you agree not to permit any unauthorized person to access the Services using your credentials.
  • Notify ChangeCurve immediately at legal@changecurve.com if you suspect any unauthorized access or activity involving your Account.
  • Always log out at the end of your session, especially when using a shared or public device, to prevent others from accessing your information.

All activities conducted under your Account are your responsibility, regardless of whether you authorized them.

The information provided during registration will be stored and processed in accordance with ChangeCurve’s Privacy Policy, available at https://www.ChangeCurve.com/privacy-policy.

  1. ELIGIBILITY

You may use the Services only if you meet the following criteria:

  1. You are at least 18 years old and capable of entering into a legally binding agreement.
  2. You are not prohibited from using the Services under applicable law.
  3. If accessing the Services through a Customer subscription, you are authorized to do so by the Customer.
  4. USER REPRESENTATIONS AND UNDERTAKINGS

By using the Services, you represent and warrant that:

  1. You have the full authority to agree to these Terms and no restrictions or obligations prevent you from fulfilling your responsibilities under them.
  2. You are, and will remain, in compliance with all applicable laws and regulations governing your use of the Services.
  3. Your access to or use of the Services has not previously been revoked, suspended, or terminated.
  4. You will not authorize or enable any third party to violate these Terms on your behalf.
  5. You will not infringe upon or violate any provisions of these Terms during your use of the Services.
  6. RIGHTS TO ACCESS AND USE; LICENSE

Unless explicitly stated otherwise, ChangeCurve grants you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to access and use the Services solely as outlined in these Terms and for use with websites, applications, or web-based services that you own, license, or are otherwise authorized to use.

For the ChangeCurve Free Edition, you are granted a similar license to access and utilize the software components included in the Free Edition.

These Terms do not grant you ownership or proprietary rights to the Services (or any portion thereof), except for the specific rights outlined herein.

  1. USE RESTRICTIONS

Certain behaviors are strictly prohibited when using the Services. Violating the following provisions may result in the suspension or termination of your access to the Services, at ChangeCurve’s sole discretion, and could also expose you to civil or criminal liability.

You agree that you will not, either individually or through another party:

  1. Copy, modify, adapt, translate, reverse-engineer, decompile, or disassemble any part of the Services.
  2. Use the Services in connection with spam, unsolicited communications, harassment, fraudulent activity, or similar misconduct.
  3. Interfere with or violate the privacy rights, intellectual property rights, or any other rights of other users or third parties. This includes harvesting or collecting personal data from the Services without explicit consent, or using automated tools such as robots, spiders, or data-mining applications to retrieve, index, or scrape content.
  4. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  5. Transmit or make available any harmful code, such as viruses, worms, Trojan horses, spyware, or other malicious software, through the Services.
  6. Interfere with or disrupt the functionality of the Services, servers, or networks supporting the Services, or violate any associated policies or regulations.
  7. Sell, license, or commercially exploit any part of the Services without prior authorization from ChangeCurve.
  8. Frame or mirror any part of the Services without explicit written permission from ChangeCurve.
  9. Create a database by systematically downloading or storing content from the Services.
  10. Impersonate any individual or entity, or provide false or misleading information.
  11. Use the Services for illegal, immoral, or unauthorized purposes.
  12. Violate any applicable federal, state, local, or international laws or regulations, including export restrictions.
  13. USER-GENERATED CONTENT

  1. Posting Content

    The Services may allow you to create, store, or share content such as text, files, images, videos, music, or other materials (collectively, “User Content”). When posting User Content, you must respect the intellectual property rights, privacy rights, and other rights of third parties. ChangeCurve is not liable for any loss, damage, or expense resulting from the uploading of User Content and disclaims responsibility for the accuracy or legality of such content.

    Permission to Use User Content

    By posting User Content on the Services, you grant ChangeCurve a non-exclusive, royalty-free, transferable, worldwide license (with the right to sublicense) to use, reproduce, modify, perform, display, distribute, and otherwise utilize your User Content for the purpose of operating the Services and enforcing any agreements between you and ChangeCurve.

    Responsibility for User Content

    You acknowledge that, where applicable, the Customer is responsible for informing you of any policies or restrictions affecting your ability to post or access User Content. Customers are also responsible for addressing questions, disputes, or issues related to User Content.
    As the creator of User Content, you are solely responsible for its accuracy, completeness, and legality. You warrant that your User Content does not infringe on the intellectual property, privacy, or other rights of third parties and complies with all applicable laws. It is your responsibility to obtain necessary consents for including any personal information belonging to others in your User Content.

    Content Prohibitions

    You agree that your User Content will not:

    1. Include spam, unsolicited promotions, advertisements, or similar content.
    2. Contain unlawful, defamatory, harassing, offensive, or vulgar material.
    3. Discriminate based on race, nationality, gender, religion, disability, or other protected characteristics.
    4. Encourage illegal activities or behavior that could result in civil liability.
    5. Pose a risk to anyone’s safety, security, or health.

    While ChangeCurve is not obligated to monitor or edit User Content, it reserves the right to do so to ensure compliance with these Terms or applicable laws. ChangeCurve may remove or disable access to content it deems objectionable or in violation of these Terms. Additionally, ChangeCurve may investigate violations and cooperate with law enforcement authorities as necessary.

    1. FEEDBACK
    If you provide suggestions, ideas, feature requests, or other feedback related to the Services (“Feedback”), you agree that ChangeCurve is free to use such Feedback without restriction. By submitting Feedback, you grant ChangeCurve a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, modify, and implement the Feedback for any purpose without compensation to you. You represent and warrant that you have the authority to grant ChangeCurve these rights and that your Feedback does not infringe on the rights of any third party. Upon request, you agree to execute additional documents or take actions to solidify ChangeCurve’s rights to the Feedback. By submitting Feedback, you also agree that:
    1. The Feedback is not confidential, and ChangeCurve has no obligation to treat it as such.
    2. ChangeCurve may independently develop ideas or features similar to those in your Feedback.
    3. Submission of Feedback does not establish any partnership, joint venture, or other relationship between you and ChangeCurve.
    4. PRIVACY POLICY
    ChangeCurve values your privacy and is committed to protecting any information you share with us. Details about our practices, the information we collect, and how we handle your data are outlined in our Privacy Policy, available at https://www.ChangeCurve.com/privacy-policy. By accessing or using our Site and Services, you acknowledge that you have read and agreed to the Privacy Policy.
  1. INTELLECTUAL PROPERTY RIGHTS
The design, logos, graphics, icons, images, and overall arrangement of the Services, along with ChangeCurve’s proprietary software, algorithms, and all related intellectual property rights—including but not limited to inventions, patents, trademarks, trade names, copyrights, design elements, specifications, methods, and trade secrets (collectively referred to as “Intellectual Property”)—are owned or licensed by ChangeCurve. These elements are protected under applicable intellectual property laws in the United States, Israel, and other jurisdictions, as well as international conventions. All trademarks and proprietary identifiers used in connection with the Services, including “ChangeCurve Trademarks,” are the exclusive property of ChangeCurve, whether or not registered. Any other trademarks, trade names, or service marks that appear in connection with the Services belong to their respective owners (“Third-Party Marks”). No license, right, or interest in ChangeCurve Trademarks or Third-Party Marks is granted under these Terms, and you agree not to assert any such rights. You must not use, replicate, or alter any ChangeCurve or Third-Party Marks without prior written authorization. Additionally, you are strictly prohibited from removing or altering copyright notices, trademarks, or other proprietary rights indicators in the Services. You agree to comply with all relevant laws regarding the protection of these intellectual property rights. For clarity, as between you and ChangeCurve, you remain the sole owner of all rights to your User Content, including intellectual property rights, as outlined in these Terms and subject to the permissions and limitations set forth in any Customer Agreement.
  1. THIRD-PARTY SERVICES
The Services may include links to or integrations with external websites or platforms, referred to as “Third-Party Services.” These Third-Party Services operate independently of ChangeCurve. You acknowledge and agree that:
  1. ChangeCurve has no control over the availability, content, or operation of Third-Party Services.
  2. ChangeCurve is not liable for any issues arising from your use of or reliance on goods, services, or materials provided by Third-Party Services.
  3. Any references to third-party products, services, or providers on the Site do not imply an endorsement, sponsorship, or recommendation by ChangeCurve.
Many Third-Party Services provide their own terms of use and privacy policies. We encourage you to review these documents before using such services to understand your rights and obligations.
  1. THIRD-PARTY COMPONENTS
The Services may include software, files, or other components developed by third parties, collectively referred to as “Third-Party Components.” Your use of these components is subject to any accompanying license terms or acknowledgments provided by the respective third parties. In cases where there is a conflict between these Terms and the terms associated with Third-Party Components, the latter will prevail for those components only. ChangeCurve disclaims any responsibility for Third-Party Components and makes no representations or warranties regarding their performance, quality, or suitability. Unless explicitly stated, the inclusion of Third-Party Components does not render the Services or any part of them “open source” or “publicly available” software. ChangeCurve retains all rights to the proprietary portions of the Services.
  1. AVAILABILITY AND MODIFICATIONS TO THE SERVICES

The availability and functionality of the Services may depend on external factors such as network infrastructure, hardware, and the contributions of ChangeCurve’s contractors or service providers. While we strive to maintain consistent access, ChangeCurve does not guarantee that the Services will always operate without interruptions, errors, or unauthorized access.

ChangeCurve reserves the right to modify, enhance, suspend, or discontinue any part of the Services at its sole discretion, without prior notice. This includes changes to features, content, or functionality.

You agree that ChangeCurve shall not be held liable for any disruptions, modifications, or discontinuations of the Services, whether temporary or permanent.

  1. CHANGECURVE COMMUNITY PORTAL; ADDITIONAL TERMS

If you use the Services in connection with the ChangeCurve Community Portal (“Community Portal”), the following additional terms apply:

User Profile

You acknowledge that the Community Portal is a public forum, and your participation comes with no expectation of privacy. Any User Content you post or share on the Community Portal may be visible to and used by others. IF YOU CHOOSE TO SHARE PERSONAL INFORMATION OR OTHER CONTENT IN THE COMMUNITY PORTAL OR ELSEWHERE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

User Obligations

When using the Community Portal, you agree to:

  • Comply with these Terms and any Community Guidelines published on the Community Portal.
  • Use the Community Portal solely for its intended purposes and in accordance with applicable laws and regulations.
  • Adhere to your employer’s policies and any requirements tied to your employment or role.
  • Meet any legal or regulatory obligations relevant to your location or job function.
  • Treat other users of the Community Portal with respect and courtesy.

You also agree not to:

  1. Impersonate any individual or falsely imply an association with another person or entity.
  2. Post content in exchange for payment or other forms of compensation.
  3. Use the Community Portal to send unsolicited commercial messages or advertise goods and services.
  4. Violate anti-spam or related laws.
  5. Store, share, or transmit illegal, defamatory, or otherwise harmful material, including malicious software, on or through the Community Portal.
  6. QA RECORDER; ADDITIONAL TERMS

The QA Recorder is a Chrome-exclusive tool, and it is the User’s responsibility to download and install Chrome to use this feature. ChangeCurve is not responsible for browser performance or compatibility issues. The QA Recorder may offer limited features and functionality.

To use the QA Recorder, you must create a QA Recorder Account by providing your name, company email, phone number, and organization name. You may uninstall the QA Recorder at any time.

ChangeCurve grants you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to access and use the QA Recorder, including its software components, for up to twenty (20) initial recording sessions (“Recordings”). You may share Recordings with third parties, provided that doing so complies with these Terms and applicable laws. Unauthorized use, including for spam or fraudulent purposes, is strictly prohibited.

To receive additional Recordings, you must refer third parties through social platforms like Google, Facebook, Twitter, or LinkedIn using a unique referral link (“Referral(s)”). A Referral is considered “Qualified” when the referred party successfully creates a QA Recorder Account. For each Qualified Referral, you will receive an additional set of Recordings.

  1. DISCLAIMER AND WARRANTIES

ChangeCurve does not guarantee that files available for download from the Services or the internet will be free of viruses or other destructive elements. You are responsible for implementing proper measures to protect your systems, including antivirus software and data recovery solutions.

THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, ChangeCurve and its affiliates disclaim all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

ChangeCurve does not warrant that:

  1. The Services will be error-free or uninterrupted.
  2. Defects will be corrected.
  3. The Services or servers hosting them are free from viruses or harmful components.
  4. The Services will meet your expectations or requirements.

Your use of the Services, including reliance on any content or data, is entirely at your own risk.

  1. LIMITATION OF LIABILITY

To the maximum extent allowed by law, ChangeCurve and its representatives shall not be liable for any damages resulting from or related to:

  • Your inability to use the Services.
  • Loss of data, profits, or goodwill.
  • Any errors, failures, or interruptions in the Services.
  • Actions or omissions by third-party service providers or other users of the Services.

If some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, those limitations may not apply to users in those regions. However, in no event will ChangeCurve’s total liability exceed the amounts you have paid for use of the Services.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless ChangeCurve and its representatives from any claims, losses, liabilities, costs, or expenses (including attorney’s fees) arising from:

  1. Your use or misuse of the Services.
  2. Violation of these Terms by you.
  3. Harm or damages caused to any third party due to your actions or omissions.
  4. Infringement of third-party rights, including intellectual property or privacy rights, resulting from your use of the Services.
  5. Non-compliance with applicable laws or regulations.
  6. DIRECT MARKETING

By providing your contact information, you consent to receive updates about ChangeCurve’s products and services, including through email, phone, or messaging. You may withdraw your consent to receive marketing communications at any time by contacting us at legal@changecurve.com.

  1. MISCONDUCT AND COPYRIGHT POLICY

If you believe another user has engaged in inappropriate behavior, such as offensive or unlawful conduct, report it to the relevant authorities.

ChangeCurve respects intellectual property rights and will respond to copyright infringement claims under applicable laws, including the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, you may submit a written notice to our designated copyright agent at:

ChangeCurve Copyright Agent

Email: legal@changecurve.com

Your DMCA notice must include all necessary details, as outlined in applicable regulations. ChangeCurve may remove infringing material and inform the user responsible.

If your material was mistakenly removed, you may file a counter-notification. However, submitting false claims could expose you to legal liability.

If you fail to meet all the requirements outlined in Section 512(c)(3) of the DMCA, your DMCA Notice may be deemed invalid.

If you believe that content you posted to the Services was removed or access to it was disabled due to error or misidentification, you may submit a counter-notification (“Counter-Notice”) to our designated copyright agent. A valid Counter-Notice must include:

  1. Your full name, physical address, telephone number, and an electronic or physical signature.
  2. A description of the material that was removed and its location prior to removal.
  3. A statement, under penalty of perjury, that the content was removed by mistake or misidentification.
  4. Your consent to jurisdiction in the appropriate court for your location or for the location of the copyright owner.
  5. Any additional details required under applicable law.

ChangeCurve reserves the right to inform the original complainant of your Counter-Notice and provide details contained therein. The DMCA permits ChangeCurve to reinstate the removed content unless the complainant files legal action against you within ten (10) business days of receiving your Counter-Notice.

Please note that knowingly misrepresenting the removal or disabling of content may expose you to liability, including damages and attorneys’ fees, under Section 512(f) of the DMCA. ChangeCurve reserves the right to disable or terminate accounts of repeat infringers in appropriate circumstances.

  1. AMENDMENTS TO TERMS

ChangeCurve retains the right to modify these Terms at its sole discretion. If material changes are made, ChangeCurve will make reasonable efforts to notify you by posting the updated Terms on the Services or by sending an email to the address linked to your account. Substantial changes will take effect seven (7) days after notice is provided.

Changes required to comply with legal or regulatory requirements may take effect immediately, without prior notice. Continued use of the Services after any updates signifies your acceptance of the revised Terms.

  1. TERMINATION OF SERVICES

ChangeCurve reserves the right to suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including violations of these Terms.

Additionally, ChangeCurve may discontinue the Services or any portion thereof, temporarily, or permanently, at its sole discretion and without prior notice. ChangeCurve assumes no responsibility for the termination or cessation of Services, including any resulting data loss.

The following provisions will survive the termination or expiration of these Terms: Section 4 (User Representations and Obligations); Section 6 (Use Restrictions); Section 7 (User-Generated Content); Section 8 (Feedback); Section 9 (Privacy Policy); Section 10 (Intellectual Property Rights); Section 11 (Third-Party Services); Section 12 (Third-Party Components); Section 16 (Disclaimer and Warranties); Section 17 (Limitation of Liability); Section 18 (Indemnification); Section 22 (Termination of Services); and Section 23 (General).

  1. GENERAL TERMS

These Terms shall not be interpreted to create any form of partnership, joint venture, employer-employee relationship, agency, or franchise arrangement between the parties.

All claims or disputes related to the Services will be governed by the laws of the State of California, excluding its conflict-of-laws principles. Any disputes will be resolved exclusively in the courts of San Francisco County, California, and you consent to this jurisdiction.

If any provision of these Terms is found to be invalid or unenforceable, it will not affect the enforceability of the remaining provisions. You may not assign or transfer your rights or obligations under these Terms without prior written consent from ChangeCurve.

No waiver by either party of any breach or failure to enforce any provision of these Terms will constitute a waiver of future breaches or enforcement obligations.

These Terms, along with any related notices or policies, represent the complete agreement between you and ChangeCurve concerning the use of the Services, superseding any prior agreements. Notices from ChangeCurve may be delivered electronically or through other communication channels specified within the Services.

  1. CONTACT INFORMATION

For any questions, concerns, or feedback regarding these Terms or the Services, please contact us at:

Email: legal@changecurve.com

By contacting ChangeCurve, you confirm that you have the right to do so and that your communication does not infringe on the rights of third parties, including intellectual property rights. You also agree that any rights in the information or materials you provide to ChangeCurve become the exclusive property of ChangeCurve, and we may use or choose not to use such information at our discretion.

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