Positivity Playground User Terms and Conditions

Updated 18 April 2024 (v1.6)

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These User Terms and Conditions shall apply to all individuals using the Positivity Playground online platform (“User”). 

 

Solros Development Group LLC and/or its affiliated entities (“Solros”) reserves the right to vary these terms and conditions at any time upon notice to Users via email or announcement on the Positivity Playground. By continued participation in the Positivity Playground, User agrees to User’s acceptance of the then-current Terms and Conditions.

 

Use of Data

 

• As a part of the learning, coaching, and coach-training programs offered on the Positivity Playground online platform (“Programs”), Solros Development Group (“Solros”) may gather User data through questionnaires to help design relevant Programs and to help evaluate the effectiveness of the Programs. 

 

• From time to time Solros may share de-identified (anonymous), aggregated summaries of group data points for the purposes of marketing, feedback, analysis, insights, and Program development. Users will never be identified individually without express written permission. 

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• Solros Mentor Coaches, trainees in our coach-training programs, and Certified Positive Peer Coaches (“Solros Coaches”) may be required to retain a log of Users’ name, email address, coaching hours for credentialing purposes as a professional coach. User gives Solros and Solros Coaches permission to use such data for these purposes. User further gives permission for credentialing agencies to contact User for verification of the information provided, in the unlikely event that Solros is randomly selected for auditing. This permission will remain in effect until specifically cancelled by User.

 

• User may request at any time that Soros delete User’s data, and Solros will remove the data from its systems and discontinue User’s access to the Positivity Playground and the Programs.

 

Private Coaching

 

• The Programs may include coaching on topics decided jointly between Users and Solros Coaches (“Private Coaching”). The User understands and agrees that the Private Coaching is not intended to be and should in no way will be construed or interpreted by the Client as psychotherapy, psychological counseling, or any type of therapy, advice, suggestion, or recommendation as to their specific issues or planned actions. In the event the User feels the need for such professional counseling or advice, it is the responsibility of the User to seek a licensed professional.

 

• Solros and Solros Coaches are governed by the International Coach Federation Code of Ethics, which requires the protection of any information obtained during Private Coaching (“Confidential Information”) unless consent to release is given. Provided however, User understands and agrees that Solros and Solros Coaches may be required by law to release such information.

 

• User acknowledges that it is not always possible for Solros and Solros Coaches to fully protect Confidential Information which is transmitted or stored electronically. 

 

• Further, User understands that Solros and Solros Coaches may not always be able to protect Confidential Information in cases of team, peer, or group coaching in which members of the group may choose to reveal information without Solros’s knowledge or approval.

 

Nondisclosure and Non-Use

 

• As used in this Agreement, the term “Work Product” includes the formulas, plans, ideas, procedures, methods, systems, processes, concepts, principles, discoveries, devices, explanations, techniques, results, inventions and related know-how, designs, trademarks, service marks, trade secrets, photographs, artwork and other proprietary information developed and owned by Solros and/or such information owned by others and used by Solros in providing the Services.

 

• User understands and agrees that the Work Product has been developed by Solros and others through the investment of significant time, effort and expense, that the Work Product is a valuable, special and unique proprietary commercial asset which provides Solros a significant and valuable competitive advantage and that the Work Product needs to be protected from improper disclosure. User therefore agrees:

 

• That User has and shall have no right, title, license or other interest in the Work Product;

• That User may not use the Work Product for commercial purposes;

• That unless the User’s current employer has a licensing agreement with Solros or the User is a Certified Positive Peer Coach with a current subscription to the Certified Coach Hub, User may not use the Work Product for any purposes, including internal educational and team-building purposes;

• That User may not sell, resell, license, rent, lease, lend, distribute or otherwise provide the use of the Work Product to any other person or entity;

• That User may not copy, share, or duplicate any Work Product outside the User’s  organization for any purpose without the express written prior approval of Solros; and

• That these obligations survive the User’s participation in the Positivity Playground and the Programs.

 

Use of System Logins

 

• When logins to Solros’s online resources are provided in connection with the Programs, Solros will assign a single login per User which is transferable only within User’s organization and with Solros’ prior permission.

 

• User agrees that User’s knowing transfer of a login to another will result in the termination of User’s access and that Solros will have no obligation to refund any associated fees or charges.

 

Community Guidelines

 

• Solros may establish online communities in connection with certain Services. Client agrees that Client and its employees are bound by Solros’ community guidelines and program handbook and that in its sole discretion, Solros may remove an employee from the online platform for breach of the guidelines. Solros will have no obligation to refund any associated fees or charges. 

 

Liability

 

• In consideration of participating in the Programs, User hereby waives, releases, forever discharges, indemnifies, covenants not to sue and holds harmless Solros, its directors, officers, employees, contractors, Solros Coaches, instructors, facilitators, contributors, community managers, moderators and agents, and each of them ("Releasees") from and against any and all claims, demands, suits and causes of action for damage or loss to User or to User's property arising out of or resulting from participation in the Programs (except for damages arising out of a breach of the confidentiality or anonymity provisions above), and whether resulting from the negligence of Solros or otherwise.

• Neither Releasees nor User shall be liable for and each party waives and releases any claims against the other for any special, incidental, or consequential damages, including lost revenue, lost profits and economic losses resulting from providing or participation in the Programs.

• Any dispute related to participation in the Programs shall on the written request of either Solros or User be submitted to binding and non-appealable arbitration by arbitrator that both parties mutually agree.