Thank you for visiting TeamRetro. We are a service enabling team Agile retrospectives, health checks, action planning, and improving meeting outcomes.
Please read this Agreement carefully — you must agree to all terms completely (as well as our other legal documents such as our Privacy Notice) as they constitute a contract between you and us GroupMap Technology Pty Ltd, the company behind TeamRetro, which you agree to be bound by as a condition of accessing our Site and Service. This Agreement below refers to all online subscriptions. Please contact us if your organization requires an Enterprise Agreement or Service Level Agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. This list isn’t comprehensive, but it is helpful:
- Agreement means these Terms of Service.
- GroupMap, Us, We, Our refers to our company, GroupMap Technology Pty Ltd.
- The Site refers to our website, teamretro.com.
- TeamRetro, Service refers to our Site and any services we provide through our Site, including our meeting software and any other software we may provide.
- User refers to anyone who trials or purchases our Service and general visitors to our Site.
- You, Your refers to you, the person entering into this Agreement with us, and includes the organization, if any, that you are signing up to TeamRetro.
3. What is TeamRetro?
TeamRetro is a SaaS (software-as-a-service) tool for facilitating online retrospective meetings, health checks and tracking the resulting team actions and meeting outcomes. Our Service guides you and your team through the process of brainstorming, grouping, voting and actioning ideas; then provides ongoing tracking of the agreed actions and team agreements.
To use our Service, you must meet a number of conditions, including but not limited to:
- You must not violate any embargoes, export controls, or other laws of Australia or other countries having jurisdiction over this Agreement, GroupMap Technology Pty Ltd, and yourself. Please visit the website of the Australian Government’s Department of Foreign Affairs and International Trade for more information.
- You must be the minimum age required to enter into a contract in the area where you reside and, in any event, must be at least 18 years of age.
- You must, if signing up on behalf of an organization, be authorized by that organization to create a TeamRetro account (usually, the person(s) who exercise(s) the executive functions of an organization will have this authority, but you must verify it with your appropriate superiors, if any).
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. Nature of Service
TeamRetro is an intermediary designed to bring you and your team members together. We do not make any representations about the effectiveness of our Service or any ideas produced within TeamRetro by the mere fact that they arose from using TeamRetro. You agree that you are solely responsible for the use of any ideas or discussions, regardless of whether they occurred within TeamRetro or elsewhere.
6. Licence to Use
Once you have signed up to TeamRetro, additional rules govern the use of our Service. You must NOT:
- Violate the laws of Australia, its states or territories, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of GroupMap Technology Pty Ltd or our delegates.
- Be fraudulent or negligent in your representations to us, our delegates, or any other third party.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Service or its users’ computers.
- Do anything else which, at our sole discretion, may bring TeamRetro or us into disrepute.
- Establish false/fake accounts or create multiple accounts.
- Share your login and account details with others, or permit others without licenses to use your account.
- Create shared email administration accounts with multiple people within an organization.
- Sub-licence, sell the right to use or create maps for the use of others who do not have an active subscription or license.
7. Payments, Billing & Refunds
Certain portions of TeamRetro’s Service require a subscription to be paid in advance to access those portions. Payment for TeamRetro’s Service may be made by credit card or electronic funds transfer.
Pricing and terms for various services shall be made available on our Site. Where pricing and terms conflict between our Site, this Agreement, and some other information we provided, the pricing and terms most favorable to us shall take precedence.
Subscriptions will be renewed at the beginning of each billing period and may be canceled at any time before the commencement of the next billing period to avoid a recurring payment. Should you cancel within a current period, your account will remain active until the end of the billing period paid for. If you decide to upgrade your subscription plan, we will credit the unused portion of your current month on a pro-rata basis, though we will not do the same if you downgrade.
We do not provide refunds on prepaid subscription plans where the billing period has passed. We are entitled to recover any loss amounts if there are any chargebacks due to client error or not providing the correct credit card details.
We may, but are not obligated to, provide discounts for any reason. The discounts provided will be made according to the information published on our Site. If any information conflicts, the terms most beneficial to us shall take effect.
We may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
9. Chargebacks, Credit Card Cancellations, and Similar Actions
When you provide payment to us, and that amount of money is subsequently taken from us due to a chargeback, credit card cancellation, or other action that is your fault, we are entitled to recover that amount from you. In the event of such payment reversals, the onus will be on you to prove the event was not your fault.
10. Interruptions Possible
Our Service may be interrupted at any time for server maintenance, security purposes, business purposes, or any other reason we deem advisable. If we have advance notice of such downtime, we will usually attempt to notify you, but we make no promises that we will do so as it may sometimes be necessary to not notify users (such as for security purposes), or be unreasonably burdensome upon us to do so. You therefore acknowledge and agree that our Service may not always be available and that this will not impose any liability on us for refunds for non-delivery of our Service if it occurs for less than twelve consecutive hours. For any greater loss of service time, we may refund subscriptions for non-provided days on a pro-rata basis.
11. Our Copyright
Our copyright is important to us, as is our server bandwidth. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission, even if it would otherwise constitute fair use or be otherwise legally permissible (you may, of course, copy such legal material if you get it from another source than our server). Material that arises from discussions or other brainstorming activities using our Service is permitted to be reproduced elsewhere as long as the authors or other owners of such material have authorized you to reproduce it, and you are not otherwise barred by law from doing so.
12. Your Copyright
We must be assured that it has the right to use the content posted to our Site by its users. Such content may include but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sub-licensable, commercial, and non-commercial right to use the content that you submit to us to the extent that we deem it necessary to provide you with our Service (such as by posting that content on our Site and letting other users authorized by you view it). You warrant to us that you have the right to grant us this right over the content, that you will indemnify us for any loss resulting from a breach of this warranty, and defend us against claims regarding the same.
“TeamRetro” and “GroupMap” are trademarks used by us, GroupMap Technology Pty Ltd, to uniquely identify our Site, Service, and businesses. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trademark or copy the look and feel of our website or its design without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own business, which competes directly or indirectly with us.
14. Revocation of Consent
We may revoke our consent for your use of our intellectual property or any other permission granted under this Agreement at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
15. Copyright & Trademark Infringement
Users must not post any information that infringes on anyone’s copyright, but it may happen. We take copyright infringement very seriously, and although we do not concede that we are subject to the jurisdiction of the United States courts, we have registered a Copyright Agent with the United States Copyright Office to provide us with an additional safe harbor for attempted copyright actions in that country, as it limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Site of the infringing work.
- A statement that you have a good faith belief that the use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- You must sign this notification and send it to us at email@example.com. Since we prefer that you send the notification by email, an electronic signature is acceptable. We recommend that you send us similar information to that above in regard to any allegation of trademark infringement, and we will address it as soon as practicable. By submitting a takedown notice which follows the above DMCA format, you agree to hold us harmless for any damages for intellectual property infringement against you that may have been committed by a third party on our Site or Service, regardless of in which court you may have brought suit against us.
If you do not use the above DMCA format, you agree to submit irrevocably and exclusively to the jurisdiction of Australia’s courts and laws by sending us a takedown notice in any form, in relation to the subject matter of that takedown notice.
16. Representations & Warranties
We make no representations or warranties as to the merchantability of our Service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our services for reasons including, but not limited to, failure of our Service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to if such a minimum exists.
We are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
We are not responsible for any use of the information generated or disseminated using our services, nor are we liable for any damages which arise from the proper or improper use of our Service, including any altered version of our Service.
We are not responsible for any failure on the part of a payment processor, including the credit company or bank that you use, to direct payments to the correct destination or any actions on their part in placing a hold on your funds.
We are not responsible for any failure on your part to provide a computer system adequate for the purpose of running our software. Please ensure you have up-to-date software and hardware before purchasing our Service.
We are not liable for any failure of the services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our Site which prevents access to our Site temporarily or permanently.
The provision of our Service to you is contingent on your Agreement with this and all other sections. Nothing in the provisions of this “Representation and Warranties” section shall be construed to limit the generality of the first paragraph of this section.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
- Death or personal injury caused by its negligence or that of any of its officers, employees or agents.
- Fraudulent misrepresentation.
- Any liability that is not lawful to exclude now or in the future.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relates to this Agreement or the provision of our Service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity requires you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as the one described in this paragraph, we may elect to settle with the party/parties making a claim, and you shall be liable for the damages as though we had proceeded with a trial. If you and a third party (such as another user) both incur the kinds of claims mentioned in this paragraph against us through a combination of your activities (such as while both brainstorming together on TeamRetro), you agree that you shall be jointly and severally liable for the kind of indemnity mentioned herein.
18. Choice of Law
This Agreement, and any disputes relating to TeamRetro or GroupMap in general, shall be governed by the laws in force in the Commonwealth of Australia. The offer and acceptance of this contract are deemed to have occurred in the Commonwealth of Australia.
19. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement, TeamRetro, or GroupMap will be heard solely by a court of competent jurisdiction in the Commonwealth of Australia. Specifically, where the subject matter of a dispute is eligible, you agree that any disputes shall be held solely within the lowest court that has the authority to hear your claim (“Small Claims Court”). Depending on your jurisdiction, this will often be handled by a lower level of the “Civil and Administrative Tribunal.” Where you do not otherwise have any nexus to an Australian state or territory, you agree that any disputes will be brought within Western Australia.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to proceed instead within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. In other words, if you believe we owe you $15,000, but the state or territorial Small Claims Court that has jurisdiction has a limit of $10,000, you would only sue us for $10,000 and waive the extra $5,000.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
Except for the case envisioned in the above paragraph (where you bring a dispute in violation of this Agreement), you agree that the attorneys’ fees, court costs, and disbursements relating to a case will be awarded according to the rules of the court in which the case is brought.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
We reserve all rights afforded to us under this Agreement and the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
For example, if someone violates our rules, and you hear that we didn’t do anything about it, this does not mean you can violate our rules, too. Also, if you violate our rules and we don’t do anything about it, it doesn’t mean we can’t take action against you the next time you do it (or within the limitation period that applies to the first time you did it, but a bit later on).
The above being said, it is important to abide by this Agreement at all times, regardless of how we may choose to enforce it.
23. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other users, such as conduct which occurs during brainstorming sessions.
Please note that although we may terminate the provision of our Service to you, this Agreement will still remain in effect. For example, you will stop paying for our Service and receiving the ability to access our Service, but you will still be responsible for indemnifying us for any claims which might have arisen from your activities while you were using our Service.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. We will notify you of a significant change when we amend this Agreement. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at firstname.lastname@example.org so we may disable your account.
26. Australian Consumer Law
In addition to complying with Californian consumer laws, our Service also complies with Australian Consumer Law. You may read more about your rights when purchasing and using our Service by visiting www.consumerlaw.gov.au. If you have any questions or concerns about our Service, you may contact us at email@example.com.
27. Corporate Information
GroupMap Technology Pty Ltd is a proprietary limited company domiciled in the State of Western Australia and doing business under Australian Business Number 95 160 220 520. For our detailed corporate contact information or to confirm that we are in good standing, please look us up on the Australian Business Register.
28. Confidentiality Obligations
Definitions. “Confidential Information” means information designated by the party disclosing such information (“Disclosing Party”) as “confidential” or “proprietary” or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of the disclosure. Your Confidential Information includes any information uploaded to the Site. Our Confidential Information includes any information related to the Site’s performance, functionality, and reliability.
Confidential Information does not include information that:
- is or becomes generally known to the public through no fault of the party that receives such information from the Disclosing Party (“Receiving Party”);
- is in the Receiving Party’s possession prior to receipt from the Disclosing Party;
- is acquired by the Receiving Party from a third-party without breach of any confidentiality obligation to Disclosing Party; or
- is independently developed by Receiving Party without reference to the Disclosing Party’s Confidential Information.
Obligations. Confidential Information is and will remain the exclusive property of the Disclosing Party. The Receiving Party will:
- use Disclosing Party’s Confidential Information solely for the performance of the activities contemplated by these Terms of Service;
- disclose such information only to its employees, agents, and contractors who are bound by obligations of confidentiality at least as strict as those contained in this section
- protect Disclosing Party’s Confidential Information against unauthorized use or disclosure using the same degree of care it uses for its own Confidential Information, which in no event will be less than reasonable care; and
- upon written request, return or destroy all copies of the Disclosing Party’s Confidential Information in its possession or control.
29. Customer support and hours of service
We are here to help you where we can in using our Service. You can email us at anytime at firstname.lastname@example.org. We will aim to respond to you within 8 hours or less. Our general support hours for online subscriptions are 7 days a week from 9AM to 9PM WST. You can also access our help and support articles at any time or schedule a meeting as needed.
History of changes
April 2023 – Simplifying sentences and clarification of customer support and hours of service.
Last Modified: April 25 2023