Agile Radar - Terms and Conditions

Effective Date: 01 March, 2025

Welcome to Agile Radar! These Terms and Conditions govern your access to and use of the Agile Radar website, services, and applications (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Services.

1. Acceptance of Terms

By accessing and using Agile Radar, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including our Privacy Policy (which is incorporated herein by reference). If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing to Agile Radar that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

2. Description of Services

Agile Radar provides insights into the maturity of teams, departments, organizations, and sectors based on data provided by our users. The Services include:

• Insight Data/Information: Providing maturity insights based on collected data.
• Data Collector Mechanisms (The Radar): Tools and interfaces for users to input data.
• Consultancy Services: Utilizing gathered insights to target users, organizations, and sectors with additional consultancy services.

Data accuracy is dependent upon the data provided by all users, and Agile Radar is not responsible for inaccuracies arising from user-submitted data.

3. User Accounts

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Agile Radar reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

4. User Content and Data Sharing

You may be able to submit, upload, publish, or otherwise make available content, including but not limited to text, data, information, graphics, and other materials ("User Content") through the Services. You retain ownership of your User Content. However, by submitting User Content to Agile Radar, you understand and agree to the following:

• Data Usage: Agile Radar uses your User Content to provide insights into team, department, organizational, and sector maturity.
• Data Sharing with Other Users: At your discretion, you may choose to share your data with other Agile Radar users. Agile Radar is not responsible for any consequences arising from your decision to share your data with other users. This sharing is entirely at your own risk and is not governed by any agreement between Agile Radar and yourself.
• Data Retention Period: Your data will be retained for 24 months from the date it is provided to Agile Radar, or as long as your company account is active, whichever is longer.

You represent and warrant that you have all the rights necessary to grant the licenses in this section and that your User Content does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

5. Agile Radar's Rights to Data

You acknowledge and agree that Agile Radar collects, processes, and uses data, including User Content and usage data, for the following purposes:

• Providing and improving the Services, including generating maturity insights.
• Developing new features and functionalities.
• Analyzing usage patterns and trends to improve data collector mechanisms.
• Generating aggregated and anonymized data for statistical and research purposes.
• Targeting users, organizations, and sectors with relevant consultancy services.
• Maintaining your account and providing customer support.
• Complying with legal obligations.

You grant Agile Radar the right to retain access to and use your data, including User Content, as long as you or your company maintains an active account with Agile Radar. Following account termination, your data will be retained for a period of 24 months, for the purposes outlined above. This includes the right to use aggregated and anonymized data derived from your User Content for industry analysis, benchmarking, and other commercial purposes. The nature of our service requires us to retain these rights to ensure the ongoing functionality, improvement of our platform, and the provision of insights to our users. We have a legitimate interest in this, however, we acknowledge your rights, and you have a right to request data deletion at any time to privacy@agileradar.io.

Agile Radar will process your personal data in accordance with its Privacy Policy, which explains in detail how we collect, use, and protect your data.

6. Cookies

Agile Radar uses cookies to monitor website usage and user logins. These are primarily session cookies and are retained for a limited period of time. Further information about our use of cookies can be found in our Cookie Policy.

7. GDPR Compliance and Your Rights

Agile Radar is committed to complying with the General Data Protection Regulation (GDPR). As a user of our Services, you have certain rights regarding your personal data, including:

• The right to access: You have the right to request access to the personal data we hold about you.
• The right to rectification: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
• The right to erasure (right to be forgotten): You have the right to request that we delete your personal data, subject to certain exceptions as permitted by law (e.g., data required for legal compliance or legitimate business interests). Note that deletion may impact your access to and use of the Services.
• The right to restrict processing: You have the right to request that we restrict the processing of your personal data under certain circumstances.
• The right to data portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
• The right to object: You have the right to object to the processing of your personal data under certain circumstances, including processing for direct marketing purposes.
• The right to withdraw consent: If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time.

To exercise any of these rights, please contact us at privacy@agileradar.io. We will respond to your request within the timeframes required by the GDPR.

You also have the right to lodge a complaint with a supervisory authority if you believe that we have infringed your data protection rights.

8. Intellectual Property

The Services and their original content, features, and functionality are owned by Agile Radar and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AGILE RADAR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Agile Radar is not responsible for the accuracy of insights generated, as this is wholly dependant on the data provided by other users.

10. Limitation of Liability

IN NO EVENT SHALL AGILE RADAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF AGILE RADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED £1 / $1 or €1.

11. Indemnification

You agree to indemnify and hold Agile Radar harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms and Conditions.

12. Termination

Agile Radar may terminate your access to the Services at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us at privacy@agileradar.io. Upon termination, your right to use the Services will immediately cease.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of [State/Province and Country - e.g., California, USA], without regard to its conflict of law principles.

14. Changes to Terms and Conditions

Agile Radar reserves the right to modify these Terms and Conditions at any time. We will post the updated Terms and Conditions on our website. Your continued use of the Services after the posting of the updated Terms and Conditions constitutes your acceptance of the changes.

15. Contact Us

For privacy requests, data processing documentation, and account removal, please contact us at privacy@agileradar.io.

If you have any other questions about these Terms and Conditions, please contact us at: support@agileradar.io