Terms of Service
Last Updated: May 17, 2023
Please read these Terms of Service ("Terms") carefully before using the LaunchPath innovation management software platform ("LaunchPath" or "Platform") provided by LaunchPath, Inc. ("us", "we", or "our").
Your access to and use of the Platform is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all companies (Customer), users, and others who wish to access or use the Platform. If Customer has signed a Master Services Agreement (MSA) with LaunchPath, the details of the signed MSA supersede the general terms of service detailed below.
By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must not access the Platform.
Overview
LaunchPath is a web application that provides companies and their employees with a platform to ideate, evaluate, manage innovation projects, and take other actions related to managing an innovation portfolio and building a culture of innovation within a company. By using LaunchPath, you acknowledge and agree to these Terms.
Registration
To access and use LaunchPath, you must create an account. If you are joining LaunchPath as an employee of an organization, you represent and warrant that you have the authority to bind your company to these Terms. You agree to provide accurate, current, and complete information during the registration process and to promptly update your account information as necessary. LaunchPath is only available to individuals who are at least 18 years old. Registration and use by individuals under the age of 18 is prohibited.
Privacy and Security
Your privacy and the security of your data are important to us. Please review our Privacy Policy, which outlines our practices regarding the collection, use, and disclosure of your personal information.
User Management
The Customer is responsible for managing user access to LaunchPath and ensuring that all users comply with these Terms. The Customer must notify us immediately of any unauthorized access or use of the Platform.
Customer Intellectual Property Rights
The Customer retains all ownership and intellectual property rights in the content, data, and materials it provides or generates through the use of LaunchPath, except for the underlying software and technology provided by LaunchPath. While most employment relationships automatically assign IP to the employee’s company, users may be required to sign the Customer’s intellectual property agreement in order to submit content and gain full access to LaunchPath features.
LaunchPath Intellectual Property
All intellectual property rights in the Platform, including but not limited to, software, technology, content, and materials, are owned by or licensed to LaunchPath. As LaunchPath administers additional services, the Customer and users may be exposed to additional LaunchPath intellectual property including but not limited to innovation frameworks, innovation techniques, training content, facilitation methods, etc.. No ownership rights are granted to the Customer or its users, except as expressly set forth in these Terms.
Third-party Content
Your LaunchPath experience may include third-party content and links to third-party websites or services. We are not responsible for the content or practices of such third parties.
Acceptable Use of LaunchPath and IP Infringement Remediation
The Customer and its users agree not to use LaunchPath for any illegal or unauthorized purposes or in any manner that violates these Terms. This includes, but is not limited to, using the Platform to develop illicit business ideas, harass, threaten, and otherwise make others feel unsafe, or to transmit or store any harmful, offensive, or objectionable content. Further, you will not use LaunchPath to violate or infringe upon third-party intellectual property rights. If you believe that any content on LaunchPath infringes upon your intellectual property rights, please notify us at support@launchpath.io.
Artificial Intelligence Tools
LaunchPath may utilize artificial intelligence tools to support concept discovery, improve the user experience, analyze data, and provide insights. By using the Platform, you acknowledge and agree to the use of such tools.
When you interact with LaunchPath generative AI features, we collect various types of data including prompts, additional inputs, refinements, AI-generated outputs, and user feedback. LaunchPath also collects metrics on the usage of these features. Do not include proprietary company information, individual health records, or personally identifiable information with the service. Your inputs are stored in LaunchPath databases and shared with third-party AI service providers to deliver the experience. Those services may employ individuals to review inputs in order to improve the quality of the AI outputs, exposing this information in ways that may not align with the company’s internal policies.
Billing
Fees for using LaunchPath are billed in advance and are non-refundable. We reserve the right to change our fees at any time, with prior notice to the Customer.
Cancellation
The Customer may cancel its subscription to LaunchPath at any time. Cancellation will take effect at the end of the current billing period.
Additional Services
We may offer additional services, features, or functionality, which may be subject to separate terms and conditions.
Indemnification
The Customer shall indemnify, defend and hold harmless LaunchPath and its Subcontractors and Affiliates, and each of its and their respective officers, directors, employees, agents, successors and assigns (each, a “Provider Indemnitee”) from and against any and all Losses incurred by such Provider Indemnitee in connection with any Action by a third party (other than an Affiliate of a Provider Indemnitee) to the extent that such Losses arise out of or relate to any:
- Customer Data, including any Processing of Customer Data by or on behalf of Provider in accordance with this Agreement;
- Any other materials or information (including any documents, data, specifications, software, content or technology) provided by or on behalf of Customer or any Authorized User, including Provider’s compliance with any specifications or directions provided by or on behalf of Customer or any Authorized User to the extent prepared without any contribution by Provider;
- Allegation of facts that, if true, would constitute Customer’s breach of any of its representations, warranties, covenants or obligations under this Agreement; or
- Negligence or more culpable act or omission (including recklessness or willful misconduct) by Customer, any Authorized User, or any third party on behalf of Customer or any Authorized User, in connection with this Agreement.
Limitations of Liability
EXCEPT AS OTHERWISE DETAILED IN AN MSA BETWEEN LaunchPath AND Customer, IN NO EVENT WILL PROVIDER OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
EXCEPT AS OTHERWISE DETAILED IN AN MSA BETWEEN LaunchPath AND Customer, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PROVIDER UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL CUSTOMER FEES PAID BY CUSTOMER TO PROVIDER DURING THE PRIOR TWELVE MONTHS. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
The exclusions and limitations in this section do not apply to LaunchPath’s obligations under Indemnification or liability for LaunchPath’s gross negligence or willful misconduct.