Notable Changes to General Terms
Section 1.1 ENERGAGE SERVICES
Clarification: Access to Services ordered will be terminated at the end of the subscription term.
Section 5.4 LICENSE FOR RESEARCH AND DEVELOPMENT
Clarification: The use of de-identified, aggregate data (data sets) may be used in employer recognition programs.
Section 5.8 ENERGAGE INTELLECTUAL PROPERTY RIGHTS
Clarification: Services provided, data sets, reports, survey statements are considered Energage IP.
Section 7.2 UNACCEPTABLE USES
Clarification: Energage survey statements or content accessed through the Services cannot be used within another tool not provided by Energage.
Section 8.2 TERMINATION WITHOUT CAUSE
Clarification: Notice of termination must be provided before 30 days prior to the end of the subscription term.
Section 2.3 AUTOMATIC RENEWAL
Change: Renewal notice adjusted from 30 days to 60 days.
Section 8.5 CONSEQUENCES OF TERMINATION
Addition: Explicit statement that Energage reserves the right to collect outstanding fees as stated in the Service order.
Clarification: Edited for consistent use of terms (E.g. Changed Company to Customer)
Definitions
Addition: Defined Service Order as the contract that outlines the specific services used by Customer.
Section 2.3 AUTOMATIC RENEWAL
Change: Adjusted renewal from 30 days prior to subscription term date to 0 days prior to subscription term date.
Clarification: Customers must provide 30-day notification for subscription cancellation.
Section 5.7 CUSTOMER LISTS
Clarification: Organizations may be contacted by an Energage partner for the purpose of an employer recognition program.
Section 7.5 DISQUALIFICATION & WITHDRAWAL
Addition: Section clarifies Energage’s right to disqualify customers from an employer recognition program for conduct that interferes with or harms the integrity of the program.
Section 7.1 LEGAL COMPLIANCE
Clarification: The lawful and non-discriminatory use of respondent information pertaining to race, nationality, gender or other protected category.
Section 5.10 CUSTOMER-PROVIDED CONTENT
Addition: Section clarifies that customer is responsible for all rights and permissions required to use non-Energage content within Energage Services.
Definitions
Addition: Defined Employer Recognition Program
Section 2.1 FEES FOR SERVICES
Clarification: Fees for Services purchased are due whether Services are used or not.
Section 6.3 CUSTOMER COMMUNICATIONS
Addition: Section ensures Customer receives operational communication necessary for operating, administering, and supporting Energage Services.
Definitions
Clarification: Users includes survey invitees
Section 1.4 CUSTOMER THIRD PARTY SERVICES
Clarification: The title of this section has been changed from THIRD-PARTY SERVICES to clarify that this section refers to the Customer’s potential third-party services, not Energage’s.
Section 2.2 PRICE CHANGES AND USER INCREASES
Clarification: Energage reserves the right to calculate the total number of Users periodically and if the number of Users exceeds your current Subscription, Energage may invoice you for the additional Users on a pro-rated basis for the remaining period left in your Subscription Term.
Section 2.3 AUTOMATIC RENEWAL
Clarification: With automatic renewal, your Services Subscription will renew at price not greater than 10% above previous Term price for the successive Subscription Term.
Section 3.2 SECURITY
Addition: Section references Energage’s Trust and Security information (located here: https://www.energage.com/trust/) for information about security, data protection, and data processing.
Section 5.9 ENERGAGE PLATFORM THIRD-PARTY SERVICES
Clarification: The title of this section has been changed from PLATFORM SUB-PROCESSORS to clarify that this section refers to Energage third-party services.
Removal: The word “sub-processor” has been removed because that topic is covered in detail in Energage’s Data Processing Agreement. The link to that is now stated in Section 3.2, as noted above.
Definitions
Clarification: Customer Data means Customer’s proprietary data and information that Customer provides to Energage so that Energage may, as part of the Services, conduct an assessment (e.g., demographic and corporate information necessary to distribute a survey to participants, such as email address, name, or corporate location). For the avoidance of doubt, Customer Data does not include either Aggregate Data or Raw Data
Added: Energage Platform means the cloud-based Software as a Service model through which Energage provides access to its suite of products and services
Added: Subscription or Subscription Service means the licensing model in which the Customer pays a per User fee at regular intervals for access to and use of the Energage Platform
Added: Amendment Service Order means the order form that outlines changes to the specific Subscription Services ordered by the Customer
Added: Survey means the web-based Customer employee engagement survey(s) consisting of Energage’s standard survey questions and/or additional questions requested by Customer
Added: Subscription Term means the length of time set forth on a Service Order in which access to the Energage Subscription Service is provided to you
Added: Recurring Service means a service that is delivered to you on a recurring basis
Added: One-time Service means a service that is delivered to you on a one-off basis, such as a workshop or consultation
Added: Raw Data means the confidential and anonymous responses received by Energage from Customer and Customer’s employees in connection with surveys administered by Energage pursuant to this Agreement
Added: Aggregate Data means de-identified and anonymized sets of data derived from the data of multiple sources for the purpose of research and analytics. Aggregate Data does not include Personal Information or other information that could reasonably identify or relate to a natural person
Added: Personal Information means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person
Section 1.1 ENERGAGE SERVICES
Clarification: We will provide you with access to, and use of, the Energage Services.
You may order additional Subscription Services at any time by contacting Energage and requesting a Service Order. Any additional Services will be provided through a Subscription, and they will be delivered and invoiced in accordance with these General Terms and any additional terms detailed on the Service Order. If you already have a current Subscription, the additional Services will be invoiced at the prorated amount at the time those Services are added to the Subscription, and any Subscription renewal will include the additional Subscription Services at the annual rate.
Access to, and use of, the Services ordered by you will be terminated at the end of your Subscription Term.
Section 2 Fees and Payments (Applicable to Subscription Services Only)
Clarification: Section 2 has been identified as only applicable for Subscription Services purchased by a Customer, with verbiage in the section updated to reflect the differentiation.
Section 5 Intellectual Property
Title Change: Section 5 title is changed to OWNERSHIP AND USE OF ADATA; AND INTELLECTUAL PROPERTY RIGHTS.
Section 5.2 CUSTOMER INTELLECTUAL PROPERTY RIGHTS
Title Change: Section 5.2 title is changed to CUSTOMER DATA.
Clarification: You retain all ownership and Intellectual Property Rights to Customer Data. Energage does not claim ownership over any Customer Data. Energage will use Customer Data solely to perform the Services and will ensure that any Personal Information included in Customer Data is properly maintained and protected in accordance with Section 3.
Section 5.3 LICENSE FOR THE SERVICES
Title Change: Section 5.3 title is changed to AGGREGATE DATA AND RAW DATA.
Clarification As between Energage and Customer the Raw Data and Aggregate Data are and will remain the exclusive property of Energage.
(a) The Raw Data will not be provided to Customer by Energage to protect the confidentiality of Customer respondents. Customer may use Aggregate Data as described in Section 5.4;
(b) Using the Raw Data obtained from the survey results, we create de-identified and anonymized sets of data or Aggregate Data. Aggregate Data is used to provide survey results to a company with a summary or more detailed results reports. Aggregate Data may be made publicly available and may be used after termination of this Agreement provided that such Aggregate Data cannot be used directly or indirectly to identify Users or Customers. Energage will not retain, use, sell or otherwise disclose any Personal Information for any purpose other than to provide the Services contemplated by this Agreement;
(c) Aggregate Data is used to compile and score participating companies in Employer Recognition Programs. Aggregate Data is also used and disclosed to third party service providers for research and analytics purposes and other lawful business purposes including, without limitation, benchmarking, text analytics linkage analysis, attrition prediction, algorithm improvements, comment translation and the development and provision of additional services and functionality
Section 5.4 LICENSE FOR RESEARCH AND DEVELOPMENT
Title Change: Section 5.4 title is changed to LICENSE FOR THE SERVICES.
Clarification: In this Agreement, Reports means any reports, analysis, or other Aggregate Data or output generated using Energage Services.
For the Term of this Agreement, you grant Energage a worldwide, royalty free license to use, reproduce, distribute, or archive Customer Data for the purposes of providing the Services to you as contemplated by this Agreement.
Subject to the receipt of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable license to use any Reports which you can (and are authorized to) export through the functionality of the Services for your internal purposes only (in each case subject to any Confidentiality Notices) unless otherwise agreed upon in writing by Energage.
Section 8.1 TERM
Clarification: This Agreement begins on the date you first use the Services or sign the Service Order (whichever is earlier) and continues until you stop using the Services or your Subscription ends or otherwise terminates, or if this Agreement is terminated (whichever is earlier).
Section 8.2 TERMINATION WITHOUT CAUSE
Clarification: If this Agreement includes a Subscription, either party may terminate this Agreement to be effective at the end of the then current Subscription Term by providing the other party with written notice of termination at least 30 days prior to the end of a Subscription Term. No refunds will be provided.
Energage may terminate this Agreement for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund of any fees prepaid by you applicable to the period following the termination of this Agreement.
If your Service Order states that your Subscription will not auto-renew, then your account will terminate at the end of your current Subscription Term with no further action required by you.
Section 13.2 NORTH AMERICAN CUSTOMERS
Title Change: Section 13.2 title is changed to GOVERNING LAW AND JURISDICTION.
Clarification: This Agreement is governed by the laws of Delaware, United States of America and each party submits to the exclusive jurisdiction of the courts of Delaware, United States of America, in relation to any proceedings connected with this Agreement.
Definitions
Clarification: Aggregate Data means De-identified Data sets of data derived from the data of multiple sources for the purpose of research and analytics. Aggregate Data does not include Personal Information or other information that could reasonably identify or relate to a natural person;
Clarification: Customer Data means Customer’s proprietary data and information that Customer provides to Energage so that Energage may, as part of the Services, conduct an assessment (e.g., demographic and corporate information necessary to distribute a survey to participants, such as email address, name, or corporate location). For the avoidance of doubt, Customer Data does not include either Aggregate Data, De-identified Data or Raw Data;
Clarification: Raw Data means the confidential responses received by Energage from Customer and Customer’s employees in connection with surveys administered by Energage pursuant to this Agreement;
Added: De-identified Data means data that has had explicit identifiers about a natural person permanently removed. De-Identified Data does not include Personal Information or other information that could reasonably identify or relate to a natural person;
Section 2.2 PRICE CHANGES AND USER INCREASES
Clarification: Energage may change its fees for Subscription Services at any time. Except where you exceed the number of Users (“Quantity”) stated in a Service Order, any changes to fees will apply from the start of your next Subscription Term.
Energage reserves the right to calculate the total number of Users periodically, resulting in the following:
(a) Customer may be invoiced for additional Users added during the subscription term on a pro-rated basis for the remaining period left in the current term, with such sums being due and payable in accordance with the payment terms indicated on the then current Service Order.
(b) If Subscription Term is multi-year, Customer will be invoiced for the revised number of Users at the start of the next year.
(c) If Subscription is auto-renew, Customer will be invoiced for the then current number of Users at the start of the next Subscription Term.
Section 2.3 AUTOMATIC RENEWAL
Clarification: Your Subscription for any Recurring Services will automatically renew at the end of each Subscription Term unless you cancel the automatic renewal of the Services by notifying us at contracts@energage.com at least 30 days prior to the end of the current Subscription Term for the Services. Auto-renewing Subscriptions that are not canceled at least 30 days prior to the end of the Subscription Term will be invoiced to you automatically at a price not greater than 10% above the previous Subscription Term price for the successive Subscription Term, unless there are documented renewal price provisions noted on the original Service Order or previous Renewal Service Order.
Notice of automatic renewal will be provided at least 60 days prior to the end of each Subscription Term.
Automatic renewal does not apply to One-Time Services.
Section 2.6 TAXES
Clarification: Energage’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder. If Energage has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, Energage will invoice Customer and Customer will pay that amount unless Customer provides Energage with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Energage is solely responsible for taxes assessable against it based on its income, property and employees.
Section 2.7 MULTI-YEAR SUBSCRIPTIONS
Added: For subscriptions that are in effect for multiple years, Customer will be invoiced annually at the fees specified on the Service Order, except in the case of Quantity changes. Any increase to the number of Users and associated additional fees will be included in annual invoices. In the event Customer terminates the Agreement without cause (as defined herein) prior to the Contract End Date specified on the Service Order, Customer will be responsible for immediately paying Energage the remaining balance for the full amount of the Subscription through the Contract End Date.
Section 3.1 PRIVACY
Clarification: In the course of using the Services, you or your Users may transfer to us Customer Data containing Personal Information. You agree and consent to the use, transfer, processing, and storage of Customer Data in accordance with this Agreement.
If you or your Users are based in the European Union the United Kingdom, or Switzerland while using our Services, we will process your Personal Information as a data processor on your behalf. In this case, you will be the data controller of the Personal Information as defined in applicable data protection legislation, including Article 4(7) of the EU General Data Protection Regulation 2016/679 (GDPR).
If requested, we will execute the European Union Standard Contractual Clauses set out in Decision (EU) 2021/915 with the clauses corresponding to module two (controller to processor) selected to facilitate the transfer of Personal Information to countries outside the European Union, as well as appropriate agreements to facilitate the transfer of Personal Information to countries outside of the United Kingdom and Switzerland.
By continuing to use Services, you agree to allow Energage, and its third-party vendors to collect certain information about your Users. Please see Energage Privacy Policy (located here: https://www.energage.com/privacy/) for more information about the information collected.
Section 5.7 CUSTOMER LISTS
Clarification: Energage or an Energage Partner may identify you (by company name and logo) as related to an Employer Recognition Program. Energage or an Energage Partner may contact you as part of an Employer Recognition Program.
Should you provide Energage with a testimonial or case study or allow Energage to use your name and logo in promotional materials, written permission will be required from your authorized representative prior to Energage publishing any such material.
Definitions
Moved definition of Energage Intellectual Property from Section 5.1 to Definitions.
Section 1.3 CUSTOMER REQUIRED THIRD PARTIES
Changed title of section from CUSTOMER THIRD PARTY SERVICES to CUSTOMER REQUIRED THIRD PARTIES.
Clarification: If you contract with any Customer third-party service to be used together with the Services, such as but not limited to, BambooHR, Namely, Slack, and Workday, and you request that Energage share Customer Data with such Customer third-party service, you acknowledge that the Customer third-party service may access or use the Customer Data. Energage will not be responsible for any act or omission of the Customer third party, including such third party’s use of Customer Data. Energage does not warrant or support any such Customer third-party service, and you should contact that third party for any issues arising from your use of the Customer third-party service.
Section 1.4 THIRD PARTY SERVICES SOLD BY ENERGAGE
Addition: Energage may offer, resell or make available certain services and software from third parties (“Third Party Software”) that is subject to third party terms and conditions (“Third Party Terms”) as set forth in the applicable Service Order. Customer acknowledges and agrees that: (i) Energage is not the provider of such Third Party Software and is not responsible for any issues, errors or bugs in the Third Party Software; and (ii) Customer will comply with the Third Party Terms applicable to Customer’s use of the Third Party Software. For avoidance of doubt, this Agreement does not govern the use of Third Party Software, and the use of such Third Party Software is governed solely by the Third Party Terms, which constitute a direct contract between Customer and the third party providing the Third Party Software.
Section 2.2 PRICE CHANGES AND USER INCREASES
Added Paragraph: If Subscription is not auto-renew, Customer will be provided with a Renewal Service Order detailing renewal price. This Renewal Service Order requires a signature by both parties.
Section 3.1 PRIVACY
Clarification: In the course of using the Services, you or your Users may transfer to us Customer Data containing Personal Information. You agree and consent to the use, transfer, processing, and storage of Customer Data in accordance with this Agreement. Energage will process Customer Data in accordance with he Energage Data Processing Agreement available at: https://www.energage.com/trustdocs/Concise-Data-Processing-Agreement-ENERGAGE-LLC.pdf
Section 4.5 SURVEY RESPONDENT CONFIDENTIALITY
Added Paragraph: To protect Us and others, we may disclose User information where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Energage General Terms or Privacy Policy, or as evidence in litigation in which we are involved.
Section 5.1 INTELLECTUAL PROPERTY RIGHTS DEFINITION was moved to Definitions and all Sub-sections in Section 5 were re-numbered.
Section 10.2 BY ENERGAGE
Addition: (d) any Third Party Software
Section 11.1 DISCLAIMERS
Clarification: Except as expressly provided in this Agreement and to the extent permitted by applicable law, neither party makes any warranties of any kind, express, implied, statutory, or otherwise, including those of merchantability, fitness for a particular purpose, and non-infringement. Energage provides the services on an “as is” basis and, except as expressly provided in this Agreement and to the extent permitted by applicable law, we make no representations regarding the availability, reliability, or accuracy of the Services, or regarding any Customer Data or other content associated with your account. ENERGAGE MAKES NO WARRANTIES OR GUARANTEES REGARDING THIRD PARTY SOFTWARE.
Definitions
Clarification: Customer Data means Customer’s all data and information, other than Raw Survey Data, that Customer or its authorized Users submit, upload, or otherwise provide to the Services, including data entered for talent management purposes (e.g., self-assessments, manager reviews, goals, feedback comments, and attachments) and data provided to enable Energage to conduct an assessment (e.g., demographic and corporate information necessary to distribute a survey to participants, such as email address, name, or corporate location). For the avoidance of doubt, Customer Data does not include Aggregate Data, De-identified Data or Raw Survey Data;
Clarification: Energage Intellectual Property means (a) all techniques, algorithms and methods or rights thereto owned by Energage; (b) the Raw Survey Data, De-identified Data and Aggregate Data; and (c) the Energage Services and applications, including all survey statements and questions, system-generated data (e.g., dashboard data or Reports) and the software, systems and networks used to provide such Energage Services and applications, (d) any modifications, improvements, upgrades, derivative works of the items listed in (a) through (c) of this definition and (e), all Intellectual Property Rights in and to the items listed in (a) through (d) of this definition;
Addition: Intellectual Property Rights means (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, service marks, trade dress and the goodwill associated therewith, (d) trade secrets, and (e) all other intellectual property rights or similar proprietary rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing with or by any governmental authority in any jurisdiction in the world;
Clarification: The name Survey Data is changed to Raw Survey Data in the definition section and in every use throughout the rest of the General Terms. The definition itself is unchanged.
Section 3.1 PRIVACY
Clarification: In the course of using the Services, you or your Users may transfer to us Customer Data containing Personal Information. You agree and consent to the use, transfer, processing, and storage of Customer Data in accordance with this Agreement. Unless specified otherwise in this Section 3, Energage will process Customer Data in accordance with the Energage Data Processing Agreement available at: https://www.energage.com/trustdocs/Concise-Data-Processing-Agreement-ENERGAGE-LLC.pdf
By continuing to use Services, you agree to allow Energage, and its third-party vendors to collect certain information about your Users. Please see Energage Privacy Policy available at https://www.energage.com/privacy/ for more information about the information collected.
Section 3.2 SECURITY
Clarification: Energage will store and process Customer Data in a manner consistent with industry security standards. Energage has implemented technical, organizational, and administrative systems, policies, and procedures designed to protect the security, integrity, and confidentiality of Customer Data and to mitigate the risk of unauthorized access to or use of Customer Data. Unless specified elsewhere in this Section 3, please see Energage Trust and Security information available at https://www.energage.com/trust/ for more information about security, data protection and data processing.
Section 3.4 SECURITY AND PRIVACY FOR SPECIFIC PRODUCTS; TALENTQUEST
Added: TalentQuest, a division of Energage, provides access to a suite of products and services through a cloud-based Software as a Service platform (the “TalentQuest Platform”). Energage will process Customer Data received through the TalentQuest Platform in accordance with the TalentQuest Data Protection Addendum available at: https://www.talentquest.com/privacy/dpa/. By continuing to use TalentQuest Platform, you agree to allow Energage, and its third-party vendors, to collect certain information about your Users. Please see the TalentQuest privacy notice available at https://www.talentquest.com/privacy/privacy-notice/ for more information about the information collected. This Section 3.4 shall govern all processing of Customer Data by Energage and its affiliates in connection with the TalentQuest Platform and supersedes any inconsistent terms in this or any other agreement between the parties to the extent of such inconsistency.
Section 5.7 ENERGAGE INTELLECTUAL PROPERTY RIGHTS
Clarification: Energage owns all right, title, and interest in and to Energage Intellectual Property. Except for the express rights granted herein, we do not grant you any other licenses, express or implied, to any Energage Intellectual Property, including software, Services, or products. Without limiting the foregoing, nothing in this Agreement or from your use of the Services grants you:
- ownership in the Services or the content (including Reports) you access through the Services, and any De-Identified Data or Aggregate Data;
- any right to use any Energage trademarks or other Intellectual Property Rights contained in our brand identity;
- ownership of the Energage survey statements or other Intellectual Property Rights associated with the content of the Services, or any right to use Energage survey statements or other content of the Services other than in connection with your authorized use of the Services.
Section 7.5 DISQUALIFICATION & WITHDRAWAL
Addition: The following sentence was added to the end of the final paragraph:
Disqualification from the Employer Recognition Program will not affect your other rights and obligations under this Agreement.
Section 8.1 TERM
Clarification: This Agreement begins on the date you first use the Services or sign the Service Order (whichever is earlier) and continues until (a) you stop using the Services, if you access the Services without a paid Subscriptions, or (b) your Subscription ends or otherwise terminates, or if this Agreement is terminated (whichever is earlier).
Section 8.4 TERMINATION FOR MATERIAL DECREASE IN FUNCTIONALITY
Clarification: If we make a change to the Subscription Services resulting in an overall significant material decrease in functionality of the Services, you may notify Energage immediately for assistance in restoring functionality. If Energage is unable to restore functionality within 15 days of receiving written notice, you may terminate this Agreement by providing written notice of termination to Energage. Upon receiving notice of termination from you, Energage will provide you with a pro rata refund of any fees prepaid by you applicable to the period following the termination of this Agreement.
Section 9 WARRANTIES
Addition: (c) is not the subject of any pending, threatened, or contemplated bankruptcy, receivership, assignment for the benefit of creditors, or similar insolvency proceeding, and no basis for any such proceeding exists to its knowledge.
Section 10.1 BY CUSTOMER
Addition: (d) your employment decisions or other acts or omissions taken in reliance on the Service outputs.
Section 11.5 AI GENERATED CONTENT; NO IMPLIED WARRANTY
Addition: In providing our services, certain content, information, recommendations, or materials (“AI Content”) may be generated, summarized, or enhanced by Artificial Intelligence (AI) models. We strive to ensure the accuracy and quality of all content, including AI Content. However, you acknowledge and agree that:
(a) AI is a tool, not a guarantee. AI Content is based on data patterns and may contain inaccuracies, errors, biases, or omissions.
(b) THERE IS NO IMPLIED WARRANTY FOR AI CONTENT. While we strive to deliver the most accurate AI solution, we make no warranties or representations, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of any AI Content.
Section 11.6 DISCLAIMER OF RELIANCE
Addition: You understand and agree that reliance on any AI Content is solely at your own risk. You agree that:
(a) You are responsible for independent verification: AI will offer insights and recommendations that are based on research and best practices, but we encourage all users to independently verify any critical information or recommendations derived from AI Content before making decisions or taking actions based on it, particularly concerning legal, financial, medical, or other professional matters.
(b) Energage is not liable for your use of or reliance on AI content. To the fullest extent permitted by applicable law, we disclaim all liability for any loss, damage, or consequence arising from your direct or indirect reliance on, or use of, any AI Content. Our liability remains governed by the general Limitation of Liability clause within these General Terms & Conditions.
Section 11.7 RESPONSIBLE USE OF AI FEATURES
Addition: If we provide you with direct access to use AI-powered features (e.g., a chatbot or generative tool) you agree that:
(a) You must use these features responsibly and comply with all applicable laws and regulations.
(b) You must not use these features to generate, submit, or distribute unlawful, infringing, defamatory, or harmful content.
(c) Any input you provide to these features through the Energage Platform may be used to train and improve the underlying AI models, subject to the Energage Privacy Policy (https://www.energage.com/privacy/), while any input you provide through the TalentQuest Platform will be collected, stored, and used solely in accordance with the TalentQuest AI Disclosure (https://www.talentquest.com/privacy/ai-usage-transparency-disclosure/) and will not be used to train AI models unless that policy expressly permits.
(d) We reserve all rights in and to the AI models, algorithms, and related confidential information. Nothing in this Section grants you any ownership interest in the underlying models.
Section 12.1 AGREEMENT AMENDMENTS
Clarification: Energage may amend the General Terms from time to time, and the most current version will be posted on the Energage website. If an amendment is material, as determined in Energage’s reasonable discretion, we will notify the Customer Contact by email or when they next log in to your account. Amendments are effective as of the date they are posted.
If an amendment has a material adverse impact on you and you do not agree to the amendment, you may terminate the Agreement by notifying contracts@energage.com within 30 days of receiving notice of the amendment. Otherwise, you will have been deemed to have consented to the amendment.