Terms of Service

Last Updated: August 15, 2024

1.  Introduction

1.1 Terms

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

By signing up for a membership, registering or accessing or using our services (described below), you signify and agree you have read, understood and agree or consent to be bound  to a legally binding agreement with Transform (even if you are using our Services on behalf of a company). If you do not agree to this agreement (“Agreement” or “Terms of Service”), or do not consent to be bound by these Terms of Service, then you are not authorized to sign up or register for a membership, attend in person or online events or use our Services If you wish to terminate this Agreement, at any time you can do so by, in the case of membership, terminating your membership or otherwise no longer accessing or using our Services.

Services

These Terms of Service apply to the Transform Platform, Transform-branded apps, and other Transform-related sites, apps, communications and other services, including in-person or online Transform conferences and events, that state that they are offered under this Terms of Service (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”.

Transform

You are agreeing to these Terms of Service with Transform (also referred to as “we” and “us”).

These Terms of Service apply to Members and Visitors.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy.

1.2 Members and Visitors

When you sign up for membership and register on the Transform Platform, you become a Member. If you have chosen not to register for our Services, you may visit Transform related sites and the Transform Platform as a “Visitor.”

1.3 Change

We reserve the right to modify these Terms of Service and our Privacy Policy at any time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may stop accessing our services or cancel your membership. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Service Eligibility

To use the Services, you agree that: (1) you must be 18 years or older; (2) you will only have one Transform member account, which must be in your real name; (3) your membership and/or use of the Services complies with applicable law; and (4) you are not already restricted by Transform from using the Services. Creating a member account with false information is a violation of our terms, including member accounts registered on behalf of others.

2.2 Your Account

As members, you agree to: (1) use a strong password for your member account and keep it confidential; (2) not transfer any part of your member account (e.g., connections) and (3) follow the law and our Community Guidelines. You are responsible for anything that happens through your member account unless you close it or report misuse.

2.3 Payment

You’ll honor your payment obligations for membership, as applicable, and agree to us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our membership refund policy.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Services, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Sharing

Our Services allow messaging and sharing of information in many ways. Information and content that you share or post may be seen by other members. We are not obligated to publish any information or content on our Service and can remove it with or without notice.

3.  Rights and Limits

3.1. Your License to Transform

Unless otherwise agreed to between you and Transform in a separate agreement, as between you and Transform, you own the content and information that you submit or post to the Services, and you are only granting Transform and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information. 
  3. We will get your consent if we want to give others the right to publish your content beyond the Services. 

You and Transform agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Transform, you agree that Transform can use and share (but does not have to) such feedback for any purpose without compensation to you.

You promise to only provide information and content that you have the right to share, and that your Transform profile will be truthful.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). Transform may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change, suspend or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Transform generally does not review content provided by our Members. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. 

Transform may help connect Members offering their services with Members seeking services. Transform does not perform nor employs individuals to perform these services. You acknowledge that Transform does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Transform is not responsible for the offering, performance or procurement of these services, (2) Transform does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Transform and any Member offering services. 

Similarly, Transform may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Transform is not responsible for the conduct of any of the Members or other attendees at such events, (2) Transform does not endorse any particular event listed on our Services, (3) Transform does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

3.4 Limits

Transform reserves the right to limit your use of the Services, including your ability to contact other Members. Transform reserves the right to restrict, suspend, or terminate your account if you breach these Terms of Service or the law or are misusing the Services (including but not limited to violating Guidelines under Section 8 of the Community Guidelines).

3.5 Intellectual Property Rights

Transform reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Transform, the Transform logo and other Transform trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Transform.

4.  Disclaimer and Limit of Liability

4.1 No Warranty

TRANSFORM AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TRANSFORM AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS TRANSFORM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), TRANSFORM, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

TRANSFORM AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO TRANSFORM FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT, IF ANY, OR (B) US $1000.

4.3 Exclusions

The limitations of liability in this Section 4 shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Transform or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached.

5.  Termination

We can each end this Agreement, but some rights and obligations survive.

Both you and Transform may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  1. Our rights to use and disclose your feedback;
  2. Sections 4, 6, 7, and 8 of this Agreement;
  3. Any amounts owed by either party prior to termination remain owed after termination.

    6. Governing Law and Dispute Resolution

    You and Transform agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. You and Transform both agree that all claims and disputes can be litigated only in the federal or state courts in San Mateo County, California, USA, and you and Transform each agree to personal jurisdiction in those courts.

    7.  General Terms

    If a court with authority over these Terms of Service finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.

    This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services and membership terms and conditions when you sign up for a membership) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

    If we don’t act to enforce a breach of these Terms of Service that does not mean that Transform has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Transform may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.

    You agree that the only way to provide us legal notice is at the following email address: notice@transform.us

    8.  Guidelines

    Transform is a community of professionals. This list of what you will and will not do along with our Community Guidelines limit what you can and cannot do on our Services.

    You agree that you will:

    1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
    2. Provide accurate information to us and keep it updated;
    3. Use your real name on your member account and real personal details with any of the Services; and

    You agree that you will not:

    1. Create a false identity on Transform, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s member account;
    2. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
    3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
    4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Transform;
    5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
    6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. 
    7. Violate the intellectual property or other rights of Transform, including, without limitation, (i) copying or distributing our videos or other materials or (ii) copying or distributing our technology; (iii) using the word “Transform” or our logos in any business name, email, or URL;
    8. Post anything that contains software viruses, worms, or any other harmful code;
    9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
    10. Imply or state that you are affiliated with or endorsed by Transform without our express consent;
    11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Transform’s consent;
    12. Deep-link to our Services for any purpose on our Services, without Transform’s consent;
    13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
    14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
    15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
    16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
    17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
    18. Violate the Community Guidelines or any additional terms concerning a specific Service that are provided when you sign up for membership, register for a conference or event, or start using the Services.

      9. Complaints Regarding Content

      We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. For complaints concerns, please contact us at notice@transform.us.