Acceptable Use Policy of the Myers-Briggs® App

Effective: April 29, 2023

This is the Acceptable Use Policy for the Myers-Briggs App (the “App”), a mobile application developed by The Myers-Briggs Company, a California benefit corporation with offices at 185 N. Wolfe Road, Sunnyvale, CA 94086, USA (together with its affiliates, The Myers-Briggs Company Limited in the UK, The Myers-Briggs Company Pte Limited in Singapore, and The Myers-Briggs Company Pty Ltd in Australia) (collectively referred to as “The Myers-Briggs Company” or “we,” “us,” “our,” and the like, unless otherwise stated). 

This Acceptable Use Policy is supplemental to and forms a part of the Terms of Use of the Myers-Briggs App (collectively, the “Terms”). If you do not agree with the Terms, you may not use the App.

1. Appropriate Use of the App

1.1 By using the App, Users undertake to use the App and any information contained therein, only for lawful purposes.  You may not use the App:

• in any way, in any country of use, that: (a) breaches any applicable local, national, or international law or regulation; (b) is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or (c) commits any civil wrongdoing or civil harm;
• for the purpose of harming or attempting to harm minors (or other users or third parties) in any way 
• if you are under 16 years of age;
• to send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards as detailed in this Acceptable Use Policy;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or other form of similar solicitation (e.g., spam); 
• to transmit any special category data or other personal data that is deemed sensitive under applicable data protection laws; or
• to knowingly transmit, or link to, any Inappropriate Material via the App. 

For the purposes of this Acceptable Use Policy, “Inappropriate Material” is material, including views or opinion, that under the laws of any jurisdiction is or does any of the following: unlawful, vulgar, harassing, threatening, stalking, abusive, harmful, racist, obscene, pornographic, malicious, profane, libellous, defamatory, misleading or invasive of privacy or that otherwise violates the legal rights of others; discloses private or personal matters concerning any person; discriminatory in any form; infringes any copyright, trademark or other intellectual property rights of The Myers-Briggs Company or any third party; constitutes or encourages a criminal offense; purports to be posted by someone other than the person posting; purports to be validated or authorized by someone or somebody or entity when it has not been; or contains a virus, worm, trojan horse or other harmful code or contaminating or destructive features, or any other software or programs that may damage the operation of this site or a third party's hardware or software or which may reasonably be expected to do so.  

1.2 You agree not to access without authority, interfere with, damage or disrupt:

• any part of the App;
• any equipment or network on which the App or any information is stored;
• any software used in the provision of the App; or
• any equipment or network or software associated with the App and owned or used by any third party.

1.3 If you use the App other than in accordance with this Acceptable Use Policy, the Privacy Policy and/or the Terms, we reserve the right to suspend or terminate your access to the App in accordance with the Terms.

1.4 You should ensure that you have suitable information security on your device when using the App, including password protection and scanning software, firewalls, and other safeguards in place to protect you from any virus or other contaminant which may affect you directly or indirectly through your use of the App.

2. Conduct of Users; Content standards

2.1 You agree to use any of the posting and sharing features of the App only to post and share information and material that is legal and related to the subject matter of the App which are reasonably deemed appropriate, provided such does not contain Inappropriate Material.  Where we, in our absolute discretion, deem information or material provided by you to not be appropriate, we reserve the right to delete or otherwise remove or obscure it.   

2.2 You agree to comply with the following content standards when using the App and warrant and undertake that:

Content shall:

• be accurate, in relation to statements of fact;
• be genuinely held and made, in relation to statements of opinion; and
• comply with applicable laws and regulations in the UK and in any country from which they are posted; and

Content shall not: 

• contain any Inappropriate Material;
• contain any formal survey, contest, pyramid scheme or chain letter;
• contain any material that infringes any trademark, copyright, trade secret or other intellectual property or proprietary right of any party, including The Myers-Briggs Company, or breaches any confidentiality or privacy obligations, unless you are the owner of such material or have the express written permission of the owner to post or transmit such material; or
• give the impression that they emanate from, or are endorsed by, The Myers-Briggs Company if that is not the case; and

You shall not:

• publish, post, upload, distribute, disseminate or circulate any Inappropriate Material;
• advertise or offer to sell any goods or services;
• download any information, material or files posted by The Myers-Briggs Company or another user that you know, or reasonably should know, cannot be legally distributed in such manner, without The Myers-Briggs Company’s or the User’s, as the case may be, express written permission;
• impersonate another User, person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary or other information or material contained in information that is posted on the App; or
• restrict or inhibit any other user from using and enjoying the App in accordance with the Terms.

2.3 You shall be responsible for any content, including uploading information, associating information to contacts, adding notes, and making other transmissions you add to the App. You may edit or remove your own content but not that of any other user or of The Myers-Briggs Company. 

2.4 The Myers-Briggs Company has the right (but not the obligation) to monitor or moderate any content added to the App, including contacts, notes, and other transmissions, and The Myers-Briggs Company shall not be responsible as author, editor, speaker, or publisher of any content submitted.  Please refer to clause 5 for consequences of misuse of the App.
2.5 Any views or opinions expressed by any user are those of such user alone and do not necessarily reflect those of The Myers-Briggs Company. 

3. Information and Material You Provide

3.1 You should refer to our Privacy Policy in relation to any information or material, including personal data, that you share with other users or share about other users or third parties, or that you otherwise add to the App. 

3.2 We reserve the right, without any obligation, to delete, edit, or otherwise deal, in our absolute discretion, with any information or material or content uploaded, or otherwise submitted by you to the App including, without limitation: video, audio, still photographs and artwork, links, embedded content, data, information, software, text, personal data and other information.

3.3 Except as expressly set forth herein, we do not make any warranty nor assume any legal liability or responsibility for the accuracy, completeness or truth or appropriateness of any information or material added to the App by you or other users and you are responsible for checking and validating any information you add. 

4. Safety of Other Users’ Rights and prevention of Bullying and Harassing Behaviors

4.1 We endeavor to keep the App and the content contained therein safe for our users in relation to any personal data, and free from bullying or harassing behaviors, but we cannot guarantee it. In order to assist to keep the App and content safe for other users, you undertake that you will at all times when using the App, comply with the requirements of this Acceptable Use Policy in relation to other users’ rights, and specifically you undertake and agree that:

• you will not post content or take any action on the App that infringes or violates someone else’s rights, or constitutes, in our absolute discretion, bullying behavior, or otherwise violates the law.  For the purposes of this Acceptable Use Policy, “bullying” behavior shall include where repeated inappropriate and/or incorrect information is applied to a user by another user, or where a description of a user is offensive or harassing or otherwise contains Inappropriate Material;
• we can remove any content or information you post on the App if we believe that it violates this Acceptable Use Policy;
• if we remove your content for infringing someone else’s copyright (for example, by loading material that you do not have permission to upload), and you believe we removed it by mistake, we will provide you with an opportunity to appeal;
• if you repeatedly infringe other users’ or third parties’ intellectual property rights, we will suspend or terminate your access to the App when appropriate in accordance with our Terms of Use;
• you will not use our copyrights or trademarks or any confusingly similar marks, without our written permission and you will comply with our Copyright and Trademarks statement; and/ or
• if you post or add any information about other Users or third parties, including contacts, which includes personal data, , you will: obtain their consent, make it clear you (and not The Myers-Briggs Company) intend to add it to the App.

5. Consequences of Misuse of the App 

5.1 We reserve the right to suspend or terminate a user’s account or access to the App in the event that such user breaches the terms of this Acceptable Use Policy and/or the Terms of Use.  You should refer to the Terms of Use for further information.

6. General

6.1 This Acceptable Use Policy, together with our Terms of Use and Privacy Policy, constitute the entire agreement between us regarding your use of the App. The Myers-Briggs Company reserves the right to change this Acceptable Use Policy at any time without prior notice to you, so please check it regularly. This Acceptable Use Policy was created in February 2020.

6.2 This Acceptable Use Policy is governed by the laws of the applicable entity of The Myers-Briggs Company with whom the purchaser/subscriber to the Myers-Briggs App subscribed on your behalf.  The place of performance of the contract will be the country of incorporation of that entity.

6.3 If we fail to enforce, or delay enforcement of, any provisions of this Acceptable Use Policy, it will not be considered a waiver of our rights to do so.

6.4 If you wish to raise a query regarding the App or require assistance in relation to our products and services, please contact your local representative or your local Customer Support team below.

 

The Myers-Briggs Company Limited
email: support.us@themyersbriggs.com
email: support.eu@themyersbriggs.com