PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM
1. WHO WE ARE AND HOW TO CONTACT US
The Multiverse platform, including our website and other products and services we may make available in the US (“Platform”) is operated by Multiverse US, Inc. (“Multiverse US”, “we”, “us” or “our”). We are registered in Delaware under company number EIN 8503751951 and have our registered office at 155 Avenue of the Americas, Floor 10, New York City 10013, United State of America. To contact us about these terms of use (the “Terms”), please email: notices@multiverse.io
2. BY USING OUR PLATFORM YOU ACCEPT THESE TERMS.
By using our Platform, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Platform. There are other terms which may apply to you.
We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time. We may update and change our Platform from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes. Your use of our Platform following any changes to the terms will constitute your acceptance of such changes.
If we have a negotiated agreement with your Employer governing the use of the Platform, the terms of that agreement will prevail over these Terms. These terms will only be applicable to you if you are no longer employed by the Employer and choose to continue using the Platform in your individual capacity. Please contact your Employer if you have questions.
3. WE MAY SUSPEND OR WITHDRAW ACCESS TO OUR PLATFORM
We do not guarantee that our Platform, or any content on it, will always be available, error-free or uninterrupted. We may, at any time, suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will have no liability for any suspension or termination of your access to or use of our Platform.
4. AVAILABILITY
Our Platform is made available for users resident in the USA. We do not represent that content or services made available on or through our Platform are lawful, appropriate for use or available in other locations.
5. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
You must not share any log-in details or passwords for our Platform or any other information that is part of our security procedures with any third party. We take steps to prevent people misusing our Platform and to make sure that our rights in our Platform and the content on it are protected. You must notify us immediately if your log-in details and/ or password are used without your permission. We have the right to disable your account if, in our absolute discretion, you have failed to comply with these Terms. If you know or suspect that anyone other than you has access to your log in details and/or password you must promptly notify us at securityteam@multiverse.io.
6. HOW YOU MAY USE MATERIAL ON OUR PLATFORM
We or our affiliates (together, “Multiverse”) are the owner or the licensee of all intellectual property rights comprised within or made available by or through our Platform (including its design, all text, scripts, graphics, video content, interactive features and the trade marks, service marks and logos used on it as well as any software, executable code and interfaces), and in the content and other material made available on it. Those works are protected by copyright and/or other intellectual property right laws around the world. These terms do not grant you any ownership interest in any intellectual property rights, but only a limited right of use that can be revoked according to these terms. Multiverse reserves all rights in and to the Platform.
You agree to not engage in the use, copying, or distributing of any content contained within our Platform except in accordance with these Terms or in accordance with any other express written permission from us to you.
Our Platform includes access to, or use of, third-party services (the “Third-Party Services”). Your use of any Third-Party Services shall be subject to the terms and conditions applicable to such Third-Party Services.
You must not use any part of the content on our Platform for commercial purposes, or except as set out in these terms, without obtaining an express license to do so from us or our licensors.
If you choose to complete a skills diagnosis using the Platform and are provided with a report summarising the outcome of the skills diagnosis (the “Skills Scan Report”) any proposed learning pathways contained in the Skills Scan Report are, amongst other things, based upon the results of you and/or your organisation's inputs into the skills diagnosis. The Skills Scan Report is proprietary to Multiverse US and constitutes our confidential information. The Skills Scan Report must not be reproduced for any purpose other than for your receipt of services from Multiverse US.You and/or your organisation must not use the Skills Scan Report to form the basis of any employment, employee performance, reward or promotion decisions within your organisation.
7. NO TEXT OR DATA MINING, OR WEB SCRAPING
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any data, content, information or services provided via, or in relation to, our Platform for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising, facilitating or attempting the use of):
This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
8. UPLOADING CONTENT TO OUR PLATFORM
You must not upload any information or other materials that violate laws or any third party’s rights through the use of our Platform. You are liable to Multiverse and will indemnify Multiverse for any breach of this condition.You must ensure that any content that you upload to the Platform is not protected by any third party’s intellectual property rights in any jurisdiction. You warrant us that you own this content, and you hereby grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform this content in connection with the services we provide on our Platform. Multiverse has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of uploaded content, including how other users may use or interact with your content. If you choose to make any personally identifiable or other information publicly available through uploads to the public areas of our Platform, you do so at your own risk.
We may (but have no obligation to) monitor, evaluate, alter or remove content before or after they appear on our Platform, or analyze your access to or use of our Platform.
9. WE ARE NOT RESPONSIBLE FOR THIRD PARTY RESOURCES OR OUTPUTS
Where our Platform contains links to resources provided by third parties, these links are provided for your information only and your access to content via those links may be subject to third party terms. These links should not be interpreted as approval by us of those linked web platforms or information you may obtain from them. We have no control over the content or outputs of those platforms or resources.
10. VIRUSES
We do not guarantee that our Platform will be secure or free from bugs, viruses or similar. You are responsible for configuring your information technology, computer programs and platform to access our Platform. You should use your own information security tools. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Platform or any part of it. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform or any other equipment or network connected with our Platform. You must not interfere with, damage or disrupt any software used in the provision of our Platform or any equipment or network or software owned or used by any third party on which this Platform relies in any way. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your right to use our Platform will cease immediately.
11. YOUR RESPONSIBILITIES
You must not use this Platform if you are under 16 years of age;
You will not access our Platform through any technology or means other than those authorised by Multiverse US;
You must not attempt to interfere with, compromise the system integrity or security or the proper running and normal and expected operation of our Platform;
You agree not to perform any misleading, deceptive, fraudulent or otherwise illegal activity, including hacking, spamming or phishing us or other users;
You will not collect or harvest any personally identifiable information, including account names, from our Platform except as may be expressly contemplated by these Terms and our Privacy Policy;
You will not sell, transfer or assign your access to use, or your right to use our Platform, to any third party, or offer our Platform, or any content or services obtained from our Platform (or through Multiverse US) on a time-sharing or other commercial basis;
You agree to act within the bounds of common decency when using our Platform;
You agree not to stalk, harass, bully or harm another individual when using our Platform;
You will not use our Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, abusive or libelous;
You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to Multiverse US; and
You agree to not violate any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy, and you are responsible for such violations.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
TO THE FULLEST EXTENT PERMITTED BY LAW:
MULTIVERSE DOES NOT EXCLUDE OR LIMIT IN ANY WAY ITS LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION;
MULTIVERSE EXCLUDES ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO OUR PLATFORM OR ANY CONTENT ON IT; AND
MULTIVERSE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH: USE OF, OR INABILITY TO USE, OUR PLATFORM; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR PLATFORM. IN PARTICULAR, MULTIVERSE WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. THE MAXIMUM AGGREGATE LIABILITY OF MULTIVERSE TO YOU SHALL BE $100.
No employment relationship is or is intended to be created between you and Multiverse in your use of our Platform.
13. WARRANTIES AND DISCLAIMERS
We may continually update and improve our Platform and the services made available through it. For this reason, we may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Platform altogether. We may not be able to deliver our Platform or certain features of them to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments, or for commercial or reputational reasons.
Our Platform is provided to you on an "AS IS" and “AS AVAILABLE” basis. Multiverse, to the fullest extent permitted by law, disclaims all warranties, of any kind, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, Multiverse excludes and disclaims any warranty that the Platform or any content made available through it: (a) meet your requirements; (b) will be uninterrupted, timely, secure or error-free; or (c) will be accurate, complete or up to date. You agree that you are solely responsible for all or your communications and interactions with other users of the Platform. You acknowledge that the Platform may enable or assist you to access training content and services of third party websites/ platforms and that you do so solely at your own risk.
Multiverse makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such third-party website/platform. Multiverse recommends that you refer to the third party's website/platform terms and conditions and privacy policy prior to using any relevant third-party website/ platform.
Multiverse has designed the Platform to provide a useful indication of your skills in given domains and to provide recommendations as to how to enhance those skills, but makes no guarantee as to the results of your completion of training on the Platform and its effect on your career or otherwise.
14. AI CONTENT
Our Platform and some of the services provided through it will utilize artificial intelligence to enable Multiverse US to generate various types of content (“AIC”). By using our Platform you agree that content you receive or interact with might be created or assisted by artificial intelligence technologies. AIC is provided for informational and educational purposes only and should be considered and utilized with caution and in light of the evolving nature and accuracy of artificial intelligence. Multiverse US continues to innovate with AIC however given this is still an emerging field of technology we cannot guarantee that the content we make available (whether including AIC or not) is complete, accurate, reliable or error-free.
15. INDEMNITY
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Multiverse, and its respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (1) your use of and access to the Platform; (2) your breach of any of these Terms; (3) your violation of any third party right, including without limitation any intellectual property, property, or privacy right; and (4) any dispute or issue between you and any third party. This defense and indemnification obligation will survive this Agreement and your use of the Platform.
16. EXPORT CONTROLS
By using our Platform, you are warranting to Multiverse US that you are not located in, under the control of, a national of, or ordinarily resident in, any country that is subject to applicable US laws and regulations, or laws of your local jurisdiction, preventing or restricting Multiverse US from providing you access to our Platform. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited. By using our Platform, you are warranting to Multiverse US that you are not named on, or controlled by anyone named on, any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”).
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our privacy policy available at:https://www.multiverse.io/en-US/our-policies/privacy-policy (our “Privacy Policy”).
17. THIRD PARTY RIGHTS
Except as expressly set out below in the subsequent paragraph, these Terms do not confer any rights or remedies upon any person other than Multiverse US and you (and Multiverse US’s or your successors and permitted assigns).
You and Multiverse US hereby designate Multiverse as a third-party beneficiary of these Terms and agree that Multiverse shall have the right to enforce these Terms directly against you.
18. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
You agree that these Terms are governed by New York state law, excluding its conflict of law rules.
You and Multiverse US consent to the personal jurisdiction and exclusive venue of the federal and state courts located in and serving New York County, New York, as the legal forum for resolving such disputes (excluding small claims court actions, which can be filed in the county where you reside).
You and Multiverse US hereby irrevocably waive to the fullest extent allowed by applicable law any and all right to trial by jury in any action, proceeding, claim or counterclaim, of any nature whatsoever, arising out of or in any way relating to these Terms and the transactions contemplated under them or to the actions of such party in the negotiation, administration, performance and enforcement of these Terms. You and Multiverse US each certify that it makes this waiver knowingly and voluntarily and that it has been induced to enter into this agreement by, among other things, the mutual waivers and certifications set forth above in this clause.
19. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834 or by telephone at (800) 952-5210.