The Site contains a variety of information and resources including: (a) the Peakon platform (“Platform”); and (b) product descriptions, text, images, photographs, audio, video, documents, testimonials, logos, diagrams, reports, download areas, communication forums, Web Services Application Program Interface Information, and other tools (collectively “Materials”).
If you do not agree to these Terms, do not use the Site or any Materials contained therein.
1. Terms Applicable to Specific Materials and Areas of the Site
Additional or different terms, conditions, and notices may apply to specific areas of the Site or Materials provided on or through the Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
2. Use of the Platform
Your use of the Platform is subject to a separate subscription agreement entered into between Peakon and your organisation. To the extent you use the Platform as a Peakon customer’s registered user, or as a user who has signed up for a free trial, under entitlements contained in a subscription agreement, your use of the Platform is governed by such subscription agreement. Please contact your organisation with any questions regarding the subscription agreement.
3. Use of Materials
The Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorised by Peakon or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Materials.
Products mentioned in the Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at Peakon's discretion.
If you are a journalist, you may use all images available for download from the Peakon Press websites in professional publications to highlight Peakon, its products and/or services.
4. Your Information
You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be solely responsible to Peakon for all activities that occur under your account. You agree to notify Peakon immediately of any unauthorised use of, or other security breach related to, your account.
You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Site, including, but not limited to, software code, articles, feedback, or suggestions ("Submission"). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the applicable acceptable use policy.
You give Peakon, its affiliated companies and sublicensees a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. Peakon is under no obligation to post or use any Submission, and Peakon may remove any Submission at any time in its sole discretion.
If you believe your copyrighted material has been posted on any Site without your permission, please see our Notice and Takedown Policy.
Peakon respects the intellectual property rights of others, and we expect others to do the same. The Peakon trademarks are some of our most valuable company assets, and as such, we will uphold our rights and ask that you use our trademarks properly in order for us to maintain our brand’s integrity.
These guidelines below are provided to assist you in recognising the proper and improper uses of our trademarks. Our trademarks (“Peakon Trademark(s)”) include all registered and unregistered trademarks and service marks (including words, logos, slogans, or a combination thereof) owned by Peakon or its affiliates. A list of our current trademarks can be found on our Workday Trademark List.
If you have questions about our trademarks or would like to report the misuse of our trademarks by others, please contact us at email@example.com.
7. Peakon Web Services Application Program Interface Information (“APIs”)
If APIs are available on the Site without a separate license agreement, Peakon hereby grants you a non-exclusive, non-sublicensable, non-transferable limited license to use the APIs exclusively for the benefit of Peakon customers. You assume all liability as a result of any use of the APIs. Peakon makes no commitment to continued availability of APIs and you have no rights to version enhancement or support of any kind. Peakon may revise or cease to provide APIs without notice at any time in Peakon's sole discretion. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE APIS FOR FURTHER REDISTRIBUTION IS EXPRESSLY PROHIBITED.
8. Restricted Rights
Any software downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Peakon ApS, Frederiksberggade 11, 1459, Copenhagen K, Denmark.
Peakon is not responsible for any third-party content or linked websites provided on the Site. The provision of any link does not imply Peakon's endorsement of the website and is provided only as a convenience.
10. DISCLAIMER OF WARRANTY
USE OF THE SITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED "AS IS", WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. PEAKON EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PEAKON MAKES NO WARRANTY OR GUARANTEE THAT THE SITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL PEAKON BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR USE OF THE MATERIALS, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, INCLUDING THE KEYWORD FLAGGING FUNCTION. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF PEAKON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
Peakon reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Peakon may update these Terms from time to time. Peakon will change the Last Updated date at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. Peakon’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Peakon. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Alameda County, California. You acknowledge that Peakon may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
© 2021 Peakon. All rights reserved. Peakon and the Peakon logo are trademarks of Peakon, registered in the United States and elsewhere. All other brand and product names are trademarks or registered trademarks of their respective holders.
Last Updated: July 7, 2021