1. Acceptance of Terms of Service
- BY USING OR ACCESSING ANY OF THE SERVICES IN ANY MANNER (INCLUDING, WITHOUT LIMITATION REGISTERING AN ACCOUNT FOR THE SERVICES, OR CREATING AN ACCOUNT AND CLICKING "CONTINUE", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND UNCONDITIONALLY AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY THAT YOU REPRESENT, INCLUDING ALL OTHERS WHO USE THE SERVICES UNDER YOUR ACCOUNT (COLLECTIVELY, "YOU" or "YOUR"), TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS HEREIN. PROVISION OF THE SERVICES IS CONDITIONED ON, AND YOUR USE OF ANY SERVICE SHALL CONSTITUTE, YOUR ASSENT TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THESE TERMS, YOU HAVE NO RIGHT TO USE THE SERVICES. THESE TERMS APPLY UNIFORMLY TO EVERY CURRENT AND FUTURE PRODUCT UNLESS SUPPLEMENTED BY PRODUCT-SPECIFIC TERMS AS DESCRIBED IN SECTION 4.2
- These Terms apply to all visitors to the Services and all purchasers of subscriptions to the Services;
- Other operating rules, policies and procedures may be published from time to time on the Services by Us, each of which is incorporated by reference and each of which may be updated from time to time without notice to You.
- Certain of the Services may be subject to additional terms and conditions specified by Us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
2. ELIGIBILITY
If You are using the Services as an employee, contractor, or agent of a corporation, partnership, or similar entity, then You must be authorized to sign for and bind such entity to accept these Terms, and You represent and warrant that You have the authority to do so. You represent and warrant that You are at least 18 years of age. If You are under the age of 18, You may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms are consistent with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use of or benefit of any third party.
3. INTERPRETATION AND DEFINITIONS
3.1. Interpretation. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
3.2. Definitions. For the purposes of these Terms:
- “Account” means the individual or organizational account created for You to access a Product.
- “Account Owner” means an Authorized User assigned by the You with extensive administrative control and responsibilities over your account, including the authority to assign administrative rights to Authorized Users.
- “Affiliate” means any entity that, directly or indirectly, controls, is under common control with, or is controlled by a party. For this purpose, “control” means the power to direct or cause the direction of the management or policies of such entity, whether through beneficial ownership of voting securities, by contract, or otherwise.
- “Authorized User” means Your, or Your affiliates', employee, contractor, agent, or other individual authorized by You to access and use a Product through Your Account, where You are an organization. You are responsible for Authorized Users' compliance with these Terms.
- “Device” means any device that can access a Product, such as a computer, cellphone, or digital tablet.
- “Feedback" means comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or other N5’s products or services submitted by You to N5, including feedback related to usability, performance, interactivity, bug reports, and test results.
- “Customer Materials” means the courses, materials, texts, videos, tools, and other content made available to N5 by You within a given Product, as further described on the applicable Order Page.
- “N5 Materials” means N5 and its licensors’ components, including the source code, documentation, Site, URLs, appearance, structure, organization, preparatory design materials, and all other elements of the Services and Product.
- “N5” (referred to as “N5,” “We,” “Us,” or “Our” in these Terms) refers to N5 LLC, a company organized and existing under the laws of the State of Delaware, with its registered office at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, County of New Castle, Delaware 19801, US.
- “Order Page” means the specific web page, checkout flow, or order confirmation through which You select and purchase a Subscription to a given Product, which identifies that Product, its price, and any Product-specific terms supplementing these Terms.
- “Paddle” means Paddle.com Market Ltd, N5’s authorized reseller and merchant of record for transactions relating to the Products, as further described in Section 6.
- “Privacy Policy” means N5’s privacy policy, available at PRIVACY POLICY.
- “Product” means each standalone, subscription-based software-as-a-service product that N5 makes available directly to individual and organizational customers through the N5 website, including DOJO by N5 and any other product N5 may launch and make available under these Terms from time to time.
- “Service” means, with respect to a given Product, the functionality, Content, and features made available to You under that Product.
- “Site” means the website located at getdojo.io operated by N5, through which the Products are made available, described, and offered for Subscription, including any subdomains or successor sites thereof.
- “Subscription’ means the recurring, monthly paid plan through which You access a given Product, as described in Section 7.
- “Terms” (also referred to as “these Terms” or “Terms of Use”) mean these Terms of Use, which form the entire agreement between You and N5 regarding Your access to and use of the Products, together with the Privacy Policy and any policies referenced herein.
- “You” means the individual accessing or using a Product, or the company or other legal entity on behalf of which such individual is accessing or using a Product, as applicable.
4. ABOUT THE PRODUCTS
4.1. N5 makes the Products available on a Subscription basis through the Site. The specific description, content, features, and functionalities of each Product, and the Subscription plans available for it, are set out on its applicable Order Page. As of the date of these Terms, N5’s Products include DOJO by N5, an online learning solution through which N5 makes available courses, learning paths, and related educational content and tools.
4.2. Product-Specific Terms. N5 may publish additional terms specific to a given Product on that Product’s Order Page (for example, to address features, content restrictions, or plans unique to that Product). Any such Product-specific terms supplement these Terms and, to the extent of any conflict, shall prevail over these Terms solely with respect to that Product.
4.3. New Products. N5 may launch additional standalone Products from time to time. Unless N5 states otherwise, each new Product will be governed by these Terms from the moment it is made available for Subscription, without requiring a separate acceptance of these Terms if You have an existing Account.
4.4. Modification of Functionality. N5 may add, modify, or discontinue features, courses, or functionalities of any Product at any time. N5 does not undertake to maintain any tool, course, or functionality currently offered or previously offered, whether made available on a paid or free basis.
4.5. Artificial Intelligence. To the extent a Product incorporates artificial intelligence-enabled features, Your use of such features is governed by Section 11 (AI Features) of these Terms.
5. TECHNICAL REQUIREMENTS AND THIRD-PARTY SERVICES
5.1. Use of the Services may require equipment and an internet connection that You must independently obtain and maintain. The adequacy and updating of Your devices, browsers, or operating system is Your responsibility.
5.2. The Services may rely on or link to third-party services over which N5 has no control, including Paddle for payment processing (Section 7). N5 is not liable for the content, practices, or availability of any third-party service.
6. REGISTRATION AND ACCOUNT
6.1. To use the Services, You must create an Account and provide information that is accurate, complete, and current at all times, which You agree to keep up to date. N5 may, at its sole discretion, request additional verification or suspend an Account that it reasonably suspects contains false information. Failure to provide accurate, complete, and current information constitutes a breach of these Terms, which may result in immediate termination of Your Account.
6.2. You are responsible for maintaining the confidentiality of Your login credentials and for all activity or actions under Your Account, whether such credentials are used to access the Service directly or through a third-party login method, where available. You must notify N5 immediately at support@getdojo.io if You suspect unauthorized use of Your Account. You agree not to disclose Your password to any third party.
6.3. Each Account is personal and non-transferable. Sharing of login credentials with third parties is prohibited.
6.4. N5 reserves the right to suspend or restrict access to the Services, without prior notice, in the event of suspected fraud, unlawful conduct, or breach of these Terms.
6.5. Usernames. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark subject to another person’s or entity’s rights without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
6.6. Mandatory Termination. N5 will terminate Your Account immediately if You: (a) use a false name; (b) provide bogus personal information; or (c) use an email address belonging to a third party without that party’s knowledge or consent.
6.7. Authorized Users. Where You are an organization, the number of Authorized Users who may access and use a Product at any given time under Your Subscription shall not exceed the number of user seats included in Your Subscription plan, as set out on the applicable Order Page, unless otherwise stated there. Each Authorized User must access the Services through a unique, password-protected login corresponding to that individual; a single login may not be shared by multiple Authorized Users. Each Authorized User is responsible for maintaining the security of their own credentials. You shall maintain an up-to-date list of Your current Authorized Users and, upon 10 (ten) days' written notice, permit N5 to audit Your records relating to the number of Authorized Users accessing the Services, provided that N5 may not conduct such an audit more than once in any consecutive 12-month period. Any person performing such an audit shall protect Your Confidential Information, as defined in Section 16, and comply with Your reasonable security procedures. You shall use reasonable efforts to prevent any unauthorized access to, or use of, the Services.
7. PLACING ORDERS; PAYMENT; SUBSCRIPTION; PADDLE AS MERCHANT OF RECORD
7.1. Placing Orders. By placing an Order for a Subscription through the Service, You warrant that You are legally capable of entering into binding contracts.
7.2. Your Information. To place an Order, You may be asked to supply certain information relevant to Your Order, including without limitation Your name, email address, phone number, payment card details, and billing address. You represent and warrant that: (i) You have the legal right to use the payment method(s) supplied in connection with any Order; and (ii) the information You supply to Us is true, correct, and complete. By submitting such information, You grant Us the right to provide it to Paddle and other payment-processing third parties for the purpose of completing Your Order.
7.3. Subscription and Billing. Each Product is offered on a monthly Subscription basis, unless the applicable Order Page states otherwise. By purchasing a Subscription, You authorize the recurring monthly charge of the applicable fee, in the currency and amount displayed to You before checkout, to the payment method associated with Your Account.
7.4. Auto-Renewal. Your Subscription will automatically renew each month for successive one-month terms, and Your payment method will be charged automatically on each monthly renewal date, unless You cancel Your Subscription before the renewal date in accordance with Section 7 by contacting N5 at support@getdojo.io. If You cancel a subscription Service in accordance with the foregoing, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires in such case. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
7.5. Price Changes. N5 may change Subscription pricing from time to time. Any price change will be notified to You in advance and will apply from Your next renewal date onward; continuing Your Subscription after that date constitutes acceptance of the new price.
7.6. Order Cancellation by N5. We reserve the right to refuse or cancel Your Order at any time, including without limitation where: (a) there is an error in the description or price of a Product; (b) there is an error in Your Order; or (c) We suspect fraud, or an unauthorized or illegal transaction.
7.7. Availability, Errors and Inaccuracies. We are constantly updating Our Products and the information published about them on the Service. Such information, including descriptions, features, and pricing, may occasionally be inaccurate, or a Product may become unavailable, and We may experience delays in updating this information. We do not guarantee the accuracy or completeness of any such information and reserve the right to correct errors, inaccuracies, or omissions, and to change or update information, at any time without prior notice.
7.8. Payment Authorization. Payment cards and other payment methods are subject to validation checks and authorization by Your card issuer or payment provider. If We do not receive the required authorization, We will not be liable for any delay in, or failure to provide, access to the Product. If a charge to Your payment method is declined or rejected, this will be considered a breach of Your payment obligations under these Terms, and We may disable or terminate Your Account as a result.
7.9. Paddle as Merchant of Record. Our order process is conducted by our online reseller Paddle.com (PSC and Officers PADDLE.COM MARKET LIMITED,555 California St, #2850, San Francisco, United States, Ca 94104). Paddle.com is the Merchant of Record for all of our orders. Paddle provides all customer service enquiries and handles returns. Paddle.com also handles our multi-currency payment transactions. This allows our users to pay in their local currency. If Paddle doesn’t support your local currency, US dollars, which is the currency of the United States of America, automatically becomes the default currency. In this case, the buyer is responsible for all costs of conversions from his or her preferred currency to the US Dollar.
Your relationship with Paddle is governed by the following Terms and Conditions and Privacy Policy.
In addition, N5 is not responsible for any differences caused by change of currency exchange rates you were charged by third parties.
If we record a decline or any rejection of a charge payable fees on your Account, this will be considered as a breach of your payment obligations, and we may disable or terminate your Account.
7.10. Third-Party Payment Processors. All payments are processed by third-party payment processors that We believe comply with applicable law. These processors may have their own terms of use and privacy practices, different from these Terms, and We encourage You to review them before providing any personal or payment information.
7.11. Taxes applicable to Your Subscription (where not already included in the displayed price) will be calculated and collected by Paddle at checkout in accordance with applicable law.
8. REFUNDS
8.1. Except as required by applicable law, fees already paid are non-refundable, including in the event of voluntary cancellation partway through a billing period.
8.2. Except as required by applicable law, N5 has no obligation to provide a refund or credit for reasons including, without limitation, that You: (a) changed Your mind about a Product; (b) purchased a Subscription by mistake; (c) lack the expertise to use the Product; (d) no longer need the Product; or (e) have engaged in activity that N5 deems suspicious or fraudulent.
9. USER CONDUCT
9.1. You agree to use the Services lawfully and in accordance with these Terms, and shall not enable or assist any third party to do otherwise. Without limitation, You agree not to: (a) use the Services for any unlawful purpose or in a manner that damages, disables, or impairs the Services; (b) copy, resell, sublicense, distribute, or otherwise make the Services or their Content available to third parties without N5’s authorization, or use the Services to develop, or bring to market, any product or application that is competitive with the Services; (c) reverse engineer, decompile, or attempt to access the source code of the Services; (d) merge or bundle the Services with other software; (e) use automated means (bots, scraping, crawling) to access or extract data from the Services; (f) share Your Account credentials or impersonate another person; (g) introduce viruses, malware, or other harmful code; (h) attempt to probe, test, or breach the security of the Services, or otherwise attempt to modify, disable, or compromise the integrity or performance of the Services or N5’s systems; (i) duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements of the Services; (j) publicly disseminate information about the performance of the Services, or conduct any benchmark or stress test, without N5’s prior written consent; (k) decipher any transmissions to or from the servers running the Services; (l) overwhelm or attempt to overwhelm N5’s infrastructure by imposing an unreasonable load on its systems; or (m) otherwise interfere with the proper functioning of the Services; (n) systematically retrieve data or other content from the Site to create or compile a collection, database, or directory without N5's prior written permission; (o) make any unauthorized use of the Site, including collecting usernames or email addresses of other users by electronic or other means for the purpose of sending unsolicited communications, or creating an Account by automated means or under false pretenses; (p) engage in unauthorized framing of, or linking to, the Site; (q) attempt to trick, defraud, or mislead N5 or other users, including in any attempt to learn sensitive account information such as passwords; (r) misuse N5's support channels, including by submitting false reports of abuse or misconduct; (s) harass, threaten, or intimidate any N5 employee or agent involved in providing the Services; (t) remove or alter any copyright or other proprietary rights notice from any Material; (u) upload or transmit any material that acts as a passive or active information-collection or transmission mechanism, including web bugs, tracking pixels, or other similar devices, without N5's authorization; or (v) use any information obtained from the Services to harass, abuse, or harm another person.
9.2. N5 may suspend or terminate Your access to the Services, without prior notice, if it reasonably believes You have breached this Section 9.
9.3. Your Obligations. You agree to: (a) provide N5 with reasonable information and assistance necessary for it to provide the Services; (b) comply with all applicable local, state, provincial, national, federal, and foreign laws in connection with Your use of the Services; (c) refrain from using or accessing the Services in any way that violates, or causes N5 to violate, such laws; (d) inform N5 of any legal requirement applicable to You that could affect N5’s provision of the Services; (e) notify N5 immediately upon becoming aware of any unauthorized use of the Services; and (f) where You are accessing the Services on behalf of an organization, ensure that the Authorized Users are aware of, and comply with, these Terms.
10. INTELLECTUAL PROPERTY
10.1. These Terms grant You a personal, revocable, non-exclusive, non-transferable license to access and use the applicable Product solely for Your own purposes (or, where applicable, those of the organization on whose behalf You are acting), for the duration of Your Subscription to that Product.
10.2. N5 and its licensors retain all intellectual property rights in and to the Services and its components, including the source code, documentation, Site, URLs, appearance, structure, organization, preparatory design materials, and all other elements of the Services and Product (“Materials”). All Materials in the Services are the property of N5 or its third-party licensors. Other than the right to use the Services for the Term provided in these Terms, nothing in these Terms grants You any right in the Services. N5 reserves all rights to the Materials not granted expressly in these Terms. Nothing in these Terms transfers any such rights to You.
10.3. To the extent You provide N5 with any feedback relating to the Services (including feedback related to usability, performance, interactivity, bug reports, and test results) N5 will own all right, title, and interest in and to such Feedback (and You hereby make all assignments necessary to achieve such ownership). You shall report promptly to N5 any third-party claim served on You relating to the intellectual property rights in the Services.
10.4. You are prohibited from reproducing, distributing, publicly sharing, or creating derivative works from the Materials, in whole or in part, outside of Your personal or internal use of the Services.
11. AI FEATURES
11.1. Generally. This Section 11 governs Your use of any artificial intelligence-enabled features made available as part of a Product (the “AI Features”), and supplements but does not replace the rest of these Terms. All capitalized terms not defined in this Section 11 have the meaning given to them elsewhere in these Terms. For the avoidance of doubt, the AI Features are an integral part of the Services. You are responsible for ensuring that Your use of the AI Features complies with these Terms generally and this Section 11 specifically. In the event of a conflict between the rest of these Terms and this Section 11, this Section 11 shall govern with respect to the AI Features.
11.2. Assumption of Risk. You understand and acknowledge that generative AI — a form of AI that generates new content based on models developed using existing data — is a developing technology, that its risks may not be fully understood, and that safeguards may not be fully developed. N5 disclaims all liability resulting from Your use of the AI Features and makes no representation or warranty, express or implied, concerning the extent to which Your use of the AI Features, or their output, is appropriate, permissible, lawful, accurate, correct, or otherwise suitable for Your intended use. By using the AI Features, You assume all risk of any nature, including without limitation:
11.2.1. Legal and Regulatory Risk. Regulators, law enforcement, or other governmental entities may determine that the underlying AI technology, or its use, is unlawful, or must be changed, redesigned, or rebuilt to comply with applicable law, which may result in the AI Features being disabled or suspended, or in a prohibition on the use of content generated through them. There is also a risk that Your use of the AI Features may be found unlawful, which could result in legal action against You. It may also be determined that the underlying model, training data, software, or other component of the AI technology, or its use, infringes, misappropriates, or otherwise violates third-party intellectual property rights, in which case those third parties could seek to enjoin further use of the AI Features or bring other legal action against You.
11.2.2. Accuracy. The underlying AI technology may, in some cases, provide incorrect, inaccurate, or otherwise inappropriate information. If You do not agree with this assumption of risk, You should not use the AI Features. You are responsible for ensuring that any content generated by the AI Features, including any translation, is true, correct, accurate, or otherwise appropriate for Your purposes.
11.3. Appropriate Use. Your use of the AI Features must comply with the following requirements:
11.3.1. Consent. Before using certain AI Features, You may be required to affirmatively consent to their use. Where required by applicable law, You are responsible for disclosing to the Authorized Users that their use of the AI Features will involve interactions with AI technologies, including, in some cases, AI-enabled chatbots.
11.3.2. Compliance with Laws. You agree to, and are responsible for, ensuring Your use of the AI Features complies with all applicable local, state, provincial, national, federal, and foreign laws.
11.3.3. Non-Infringement. Your use of the AI Features must not infringe, misappropriate, or otherwise violate any third-party intellectual property rights. Without limitation, all data, content, and other materials You use in connection with the AI Features must be owned by You or validly licensed to You on terms that permit their use in connection with the AI Features.
11.3.4. Personal Data. You may not provide to the AI Features any information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, to a particular individual or household, or any other information considered “personal data,” “personal information,” “personally identifiable information,” or a similar term under applicable law.
11.3.5. Prohibition on High-Risk Uses. The AI Features are not intended to be used to make, or as a substantial factor in making, and You may not use them to make or as a substantial factor in making, consequential decisions, as that term is defined under applicable law, or in any way that would qualify the AI Features as high-risk (or a similar term) under applicable law. The AI Features may not be used to create, publish, or disseminate discriminatory or harmful content. You agree to take all necessary steps to ensure that any Authorized Users comply with this Section 11.3.5.
11.4. Content Ownership. As between You and N5, and subject to the rest of this Section 11 and applicable law, to the extent any content is generated by the AI Features in connection with Your use of a Product (“Generated Content”), You shall own such Generated Content, and N5 hereby assigns to You any right, title, or interest N5 may have in it. For the avoidance of doubt, N5 claims no ownership rights in Generated Content and, notwithstanding anything to the contrary in these Terms, makes no representation or warranty with respect to the ownership of, or any other rights in, Generated Content.
11.5. Your Review. You acknowledge and agree that You are solely responsible for reviewing, verifying, editing, amending, or evaluating the appropriateness of any Generated Content before using, publishing, or relying on it, including ensuring it does not contain discriminatory or harmful content and otherwise complies with applicable law. You shall further ensure that any decision arising from, or substantially informed by, Generated Content is subject to meaningful human review before it is implemented or relied upon.
11.6. Disclosure of the Use of AI. You agree to take all steps necessary to properly disclose the use of AI in the creation of any Generated Content, as may be required by applicable law.
11.7. Third-Party AI Technologies. The AI Features may incorporate AI technologies provided by third parties. To the extent such technologies are incorporated into a Product, N5 makes no representation with respect to their safety, or as to whether their use is appropriate for You.
11.8. Use of Content for AI Training. By using the AI Features, You grant N5 the right to access, process, and use content You make available in connection with a Product solely for the purpose of generating the training courses, assessments, and other documentation requested by You under that Product. N5 will not use Your User Content to train or improve N5's AI Features generally, or for the benefit of other customers, unless You separately and explicitly consent to that use. Notwithstanding the foregoing, N5 may use aggregated, anonymized, or de-identified data derived from Your use of the AI Features — such as usage patterns, course structure, sequencing, question formats, or completion and performance metrics — to maintain, improve, and develop the AI Features generally, provided that such data does not identify You and does not reveal the substance of your Content or Confidential Information. This grant is subject to, and does not expand, Your obligations under Section 11.3.4 (Personal Data) above.
12. USER CONTENT
12.1. User Content Generally. Certain features of the Services may permit You to upload, post, or otherwise submit content to the Services, including messages, reviews, photos, videos, images, files, data, text, and other types of works (“User Content”). You retain any copyright and other proprietary rights You may hold in the User Content You submit to the Services.
12.2. Limited License Grant to N5. By providing User Content to or via the Services, You grant N5 a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute Your User Content, in whole or in part, for the purpose of providing the Services as described in these Terms.
12.4. Representations and Warranties. N5 disclaims all liability in connection with User Content. You are solely responsible for Your User Content and the consequences of providing it via the Services. By providing User Content via the Services, You affirm, represent, and warrant that: (a) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize N5 to use and distribute Your User Content as necessary to exercise the licenses granted in this Section, in the manner contemplated by N5, the Services, and these Terms; (b) Your User Content, and its use as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property rights; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause N5 to violate any law or regulation; (c) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; (d) Your User Content does not include content related to military, advanced computing, semiconductor manufacturing, supercomputing, nuclear, rocket systems and unmanned aerial vehicles, or chemical and biological weapons end-uses; and (e) You have all necessary approvals and authorizations to convey all licenses to N5 under this Section.
12.5. Content Disclaimer. N5 is under no obligation to edit or control User Content that You upload, and will not be responsible or liable for User Content. N5 may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that, in N5’s sole judgment, violates these Terms or is otherwise objectionable. You understand that, when using the Services, You may be exposed to User Content from a variety of sources, and You acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You waive any legal or equitable right or remedy You may have against N5 with respect to User Content. If notified that User Content allegedly does not conform to these Terms, N5 may investigate the allegation and determine, in its sole discretion, whether to remove the User Content, which N5 reserves the right to do at any time and without notice. For clarity, N5 does not permit copyright-infringing activities on the Services.
12.6. Monitoring Content. N5 does not control and has no obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) Your or other users’ use of the Services. You acknowledge that N5 reserves the right to, and may from time to time, monitor information transmitted or received through the Services for operational purposes. If N5 chooses to monitor content, N5 still assumes no responsibility or liability for that content, or for any loss or damage arising from its use.
13. DATA PROTECTION
13.1. Your use of the Services involves the processing of certain personal data, as described in N5’s Privacy Policy, available at PRIVACY POLICY, which You agree to by using the Services. Personal data related to Your purchase (such as billing and payment information) is also processed by Paddle as an independent controller, subject to Paddle’s own privacy policy.
14. DISCLAIMERS; LIMITATION OF LIABILITY
14.1. The Services are provided on an "as is" and "as available" basis. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION, N5 MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER RELATING TO THESE TERMS. N5 EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. NON-N5 RESOURCES ARE PROVIDED BY THIRD PARTIES, NOT N5, AND ANY USE OF NON-N5 RESOURCES IS SOLELY BETWEEN YOU AND THE APPLICABLE THIRD-PARTY PROVIDER. N5 DOES NOT WARRANT OR SUPPORT, AND WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR, NON-N5 RESOURCES. WITHOUT LIMITING THE FOREGOING, NEITHER N5 NOR ANY OF N5'S PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVICES, THEIR SERVERS, THE CONTENT, OR EMAILS SENT FROM OR ON BEHALF OF N5 ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS.
14.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, N5 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
14.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, N5’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO N5 (THROUGH PADDLE) FOR THE SERVICES IN THE 12 (TWELVE) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.
14.4. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including any liability that cannot lawfully be excluded in respect of consumers in Your jurisdiction.
14.5. Dojo scores a simulated training conversation — a role-play exercise — not an employee’s actual on-the-job performance. It is not workplace performance monitoring. That score is formative feedback on the practice session, shared with the employee and their manager to guide coaching. It is not used, and is not marketed, for hiring, promotion, termination, or any other automated decision about a person. Any such decision is made by the customer’s own people, with human review, outside the product.
15. INDEMNIFICATION
15.1. You agree to indemnify, defend, and hold harmless N5 and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms or the documents they incorporate by reference, or Your violation of any law or the rights of a third party.
16. CONFIDENTIAL INFORMATION
16.1. In connection with these Terms, each party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) confidential or proprietary materials and information of the Disclosing Party (“Confidential Information”). All materials and information disclosed by the Disclosing Party to the Receiving Party under these Terms and identified at the time of disclosure as “Confidential” or bearing a similar legend, and all other information that the Receiving Party reasonably should have known was confidential, will be considered Confidential Information. For the avoidance of doubt, the Products, all pricing information, and the terms of these Terms are Confidential Information of N5.
16.2. The Receiving Party will maintain the confidentiality of the Confidential Information and will not disclose it to any third party without the prior written consent of the Disclosing Party. The Receiving Party will use the Confidential Information solely for the purposes contemplated under these Terms.
16.3. The obligations in this Section 16 will not apply to information that: (a) is made generally available to the public without breach of these Terms; (b) is developed by the Receiving Party independently from the Disclosing Party’s Confidential Information; (c) is disclosed to the Receiving Party by a third party without restriction; or (d) was lawfully in the Receiving Party’s possession before disclosure and was not obtained, directly or indirectly, from the Disclosing Party. The Receiving Party may disclose Confidential Information as required by law or court order, provided it gives the Disclosing Party prompt written notice and uses reasonable efforts to limit the disclosure.
16.4. At the Disclosing Party’s request, the Receiving Party will return or destroy all Confidential Information of the Disclosing Party in its possession, including all copies and extracts. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to a third party to the limited extent necessary to exercise its rights or perform its obligations under these Terms, provided that such third party is bound in writing by confidentiality obligations at least as protective as those set out in these Terms.
16.5. The obligations in this Section 16 shall survive the termination or expiration of these Terms for a period of three (3) years, except that, with respect to Confidential Information that constitutes a trade secret under applicable law, such obligations shall survive for as long as the information remains a trade secret.
17. TERM AND TERMINATION
17.1. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
17.2. Modification of the Services. N5 reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. N5 will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.
17.3. Sections 10, 11, 12, 13, 14, 15, 16, 21, and 22 shall survive termination of these Terms.
17.4. Upon the termination of these Terms for any reason: (i) the licenses granted in respect of the Services shall immediately terminate and You and the Authorized Users shall cease use of the Services, (ii) You shall pay us the full amount of any outstanding fees due hereunder, and (iii) within thirty (30) calendar days of such termination, each party shall destroy or return all Proprietary Information of the other party in its possession or control, and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information solely for purposes of ensuring compliance with these Terms, subject to the confidentiality obligations and non-use restrictions in Section 16.
17.5. Effect of Termination on Data. Upon cancellation or termination of Your Subscription, Your Account will be deleted immediately and Your right to use the Service will cease immediately. You are solely responsible for exporting or retaining a copy of any User Content or Generated Content You wish to keep before cancelling Your Subscription or allowing it to lapse.
18. AMENDMENTS TO THESE TERMS
18.1. N5 may update the Terms from time to time at our sole discretion. If We do, We’ll let You know by posting the updated Terms on the Site. It’s important that You review the Terms whenever We update them or You use the Services. If You continue to use the Services after We have posted updated Terms it means that You accept and agree to the changes. If You don’t agree to be bound by the changes, You may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
19. COMMUNICATIONS WITH THE USER
19.1. N5 may communicate with You regarding the Services through the Services themselves or through the email address associated with Your Account.
20. ASSIGNMENT
20.1. You may not assign Your rights or obligations under these Terms without N5’s prior written consent. N5 may assign these Terms, in whole or in part, to any of its affiliates, or in connection with a merger, acquisition, or sale of assets, without Your consent.
21. SANCTIONS AND EXPORT CONTROLS
21.1. You represent that You are not located in, or a resident of, any country subject to comprehensive U.S., UK, or EU trade sanctions, and that You are not a person designated on any applicable restricted-party or sanctions list. You agree to comply with all applicable export control and sanctions laws in connection with Your use of the Services.
22. APPLICABLE LAW AND JURISDICTION
22.1. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, and any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Delaware.
22.2. If You are a consumer resident in a jurisdiction that grants You the benefit of mandatory consumer-protection provisions that cannot be excluded by agreement, nothing in this Section 22 deprives You of the protection of those mandatory provisions, and this Section shall apply only to the extent permitted by the law of Your jurisdiction.
22.3. Before initiating any legal proceeding, the parties agree to first attempt to resolve any dispute amicably.
23. DATA PROCESSING ADDENDUM
23.1. Both Parties are responsible for complying with applicable data protection and privacy laws, such as Regulation 2016/679 (General Data Protection Regulation (“GDPR”)).
23.2 If and to the extent that N5 processes any information that identifies or could be used to identify a natural person contemplated under the applicable data protection laws (“Personal Data”) on behalf of You, the Parties hereby agree to N5’s DPA, in accordance with Article 28 of the GDPR and which is incorporated by reference into the Agreement.
24. MISCELLANEOUS
24.1. Severability. If any provision of these Terms is held illegal, void, or unenforceable, the remaining provisions shall remain in full force and effect.
24.2. No Waiver. N5’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
24.3. Entire Agreement. These Terms, together with the Privacy Policy, the applicable Order Page, and, to the extent applicable, Paddle’s Buyer Terms, constitute the entire agreement between You and N5 regarding Your use of the Products.
24.4. Marketing. If You are an organization, or an individual acting on behalf of an organization, then while these Terms are in effect: (a) N5 may disclose that You are a customer of N5 to third parties; and (b) N5 may include, on the Site, in case studies, marketing materials, and conference presentations and other speaking opportunities, Your testimonials and other feedback regarding the Services, name, website URL, use case, and logo and other marks. If You are an individual consumer subscribing on Your own behalf, N5 will only use Your name, image, testimonial, or other personally identifiable material for marketing purposes with Your prior affirmative consent, which You may withdraw at any time. In either case, upon Your request, N5 will promptly stop the disclosure and use described in this Section, except to the extent already included in any then-existing materials.
24.5. Free Trial. A free trial must only be used within the specified trial period. A free trial may only be used for Your personal, non-commercial use, and solely to determine whether You wish to proceed with a paid Subscription. N5 may change the terms applicable to a free trial at any time, and reserves the right to disable or remove a free trial, with or without notice, at N5's sole discretion. A free trial is provided "as is," "with all faults," and "as available," without warranties, support obligations, or liabilities of any kind.
24.6. Contact. For any question regarding these Terms, You may contact N5 at support@getdojo.io.
BY ACCEPTING THESE TERMS, YOU DECLARE THAT YOU HAVE FULL LEGAL CAPACITY AND THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED ALL OF THEIR TERMS AND CONDITIONS.
Published in English. Questions about this document: support@getdojo.io.