Gauntlet Terms of Use

1. Acceptance of Terms

By accessing or using the licensed software Gauntlet (“Software”), provided by Retrospect Labs Pty Ltd (“Licensor”), you agree to be bound by these terms and conditions (“Terms”). If you do not agree to these Terms, do not use the Software.

2. Grant of Licence

Subject to your compliance with these Terms, you are granted a non-exclusive and non-transferable licence to use the Software and its associated materials during the term of your usage.

3. Term of Licence

The licence begins when you first access the Software and will terminate automatically at the following points in time:

• at the expiration of your subscription period;
• where a subscription does not apply, at the conclusion of the activity you are participating in which utilises the Software; or
• at the termination of the licence in accordance with these Terms.

4. Restrictions

You must not:

• Copy, licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or any of its features, or make the Software available to any third party for any reason;
• Use the Software in any way that could damage the reputation of the Licensor or the goodwill or other rights associated with the Software;
• Modify, make derivative works of, de-compile, disassemble, reverse engineer, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof, or permit any third party to do so;
• Use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party’s use of the Software; or
• Modify or remove any trademark, logo, legends, symbols, labels, copyright, or proprietary notices on the Software or its associated materials.

5. Support Services

During the Term, the Licensor will provide you with support services for using the Software at no additional cost as soon as reasonably practicable having regard to the Licensor’s available resources from time to time. Within the Software, you can access the Help Centre to view our knowledge base or lodge a ticket for support services. Alternatively, you can email support@retrospectlabs.com.

6. Updates

The Licensor may from time to time, in its sole discretion, automatically install Software updates without notice or further consent. Updates include patches, bug fixes, upgrades or other modifications developed by the Licensor to improve the performance of the Software. Updates may also modify or delete in their entirety certain features or functionality, and you agree that the Licensor has no obligation to provide updates or continue to enable any particular features or functionality.

7. Third-party Content

The Software may display, include, or make available third-party content (including data, information, applications, and other products or services). You acknowledge and agree that the Licensor is not responsible for any third-party content, including their accuracy, completeness, validity, copyright compliance, legality, decency, or any other aspect thereof.

8. Security

User obligations: You are obliged to safeguard the confidentiality of your user identification, password, and other sensitive account details related to your use of the Software. You bear full responsibility for all activities under your account and must ensure that all usage is in strict compliance with these Terms, including taking reasonable measures to secure the Software from unauthorised access, use, alternation or disclosure. You are required to promptly notify the Licensor of any unauthorised account usage or security breaches.

Licensor’s commitments: We commit to maintaining a robust security posture, including the implementation of appropriate technical and organisational measures that are designed to secure your data against unauthorised or unlawful processing, accidental loss, destruction, or damage. We will ensure that our data management procedures align with relevant legal and regulatory requirements and industry best practices related to data protection and privacy. For further information, visit our website: https://www.retrospectlabs.com/other/trust.

9. Privacy

You agree that the Licensor may collect, use and monitor data and other statistics on your use of the Software. Any information collected from you will be handled in accordance with the Licensor’s Privacy Policy (https://www.retrospectlabs.com/other/privacy) and any applicable laws.

10. Intellectual Property

The Software and its entire contents, features, and functionality, including but not limited to all Licensor-generated artefacts, Licensor-owned data, and materials created by the Licensor in relation to the Software, are the exclusive property of the Licensor. These are protected by intellectual property rights laws and encompass all intellectual property rights arising from the Software, regardless of whether they reside in the code, design, documentation, or any other aspect thereof.

11. Disclaimer of Warranties

Unless otherwise expressly set out in a signed agreement or provided for under applicable laws, the Software is provided on an “as is” and “as-available” basis without warranty of any kind (express or implied) in relation to the Software or associated materials.

12. Limitation of Liability

To the full extent permitted by law, the Licensor excludes all liability in respect of lost profits, loss of data, interruption of business or any consequential or incidental damages, arising out of or in connection with the use or inability to use the Software.

13. Indemnity

To the full extent permitted by law, you agree to indemnify and hold harmless the Licensor, its associated and related entities, agents, employees, officeholders and suppliers in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs including legal fees on a full indemnity basis, in connection with any third party claims made arising out of your use of the Software.

14. Termination

The Licensor may terminate this licence at any time without notice if you fail to comply with any of these Terms. Upon the expiration or termination of the licence, you must cease all use of the Software.

15. Governing Law

These Terms shall be governed and construed by the laws of Western Australia.

16. Changes to the Terms

The Licensor reserves the right to modify or update these Terms at any time in its sole discretion. The most current version of the Terms will be available on https://www.retrospectlabs.com and you are encouraged to review these Terms periodically.

17. Contact Information

You can contact us at info@retrospectlabs.com if you have any questions about these Terms.