Terms & Conditions
Welcome to BEYONDHQ, Inc. These Terms and Conditions of Use apply to https://insights.beyondhq.co, and all BEYONDHQ websites, webpages, tools, products, and services (collectively, “Site”, “Website”, “Products” or “Services”).
Welcome to BEYONDHQ, Inc. These Terms and Conditions of Use (“Terms”, “Agreement”) are an agreement between BeyondHQ, Inc. (“BEYONDHQ”, “us”, “we” or “our”) and you (“User”, “Customer”, “Client”, “you” or “your”) and apply to https://insights.beyondhq.co, and all BEYONDHQ websites, webpages, tools, products, and services (collectively, “Site”, “Website”, “Products” or “Services”). These Terms set forth the general terms and conditions of your use of the Site and any of its products or services.
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Services and Purpose of Site
The Site is intended as a strategic scenario-planning platform for location-specific analyses enabling human resources, real estate, and finance teams, in partnership with individual business units, to evaluate where, why, and how to source talent, open offices, and otherwise scale their workforce and workplace objectives. The information and services offered on or through this Site are provided solely for general business information, do not constitute real estate, legal, human resources, tax, accounting, investment or other professional advice, or an offer to sell or lease real estate, or a means by which to hire employees and may not be used for or relied upon for these purposes. No lawyer-client, advisory, fiduciary or other relationship is created by your accessing or using this Site or communicating by way of email through this Site.
An “Authorized User” or “User” is defined as:
- For Insights Pro, an individual (a) employed by a BEYONDHQ Client or (b) a Contractor of a BEYONDHQ Client, who is specified by the Administrative User to receive a license and with a specific password to access and use the Product. BeyondHQ’s issuance of a Password shall not be construed as a confirmation or admission by BeyondHQ that the person receiving the Password qualifies as an Authorized User.
- For Insights Lite: an individual who has created an account on the Site.
An “Administrative User(s)” is defined as an employee of the BEYONDHQ Client that has been identified as the person who is to receive an administrative user ID or other access credentials from BEYONDHQ authorizing them to access and administer the Product on behalf of Customer authorized purposes.
A “Contractor” is defined as an individual person working solely for the BeyondHQ Client and not another company providing the substantially the same and/or similar products, services, support, guidance, consultation and/or counsel that BEYONDHQ, its Products and Services provides and/or performs.
The information, data, text, software, photographs, images, forms, agreements, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the “Content”) are proprietary to BEYONDHQ and its licensors, and are protected by copyright and other U.S., Canadian and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the “Database”) on talent availability, costs, diversity, rent trends, flights, quality of life, and more information, which, by way of example, include tools provided by BEYONDHQ (such as the “Market Shortlist” feature that populates with relevant information when an project is executed through the Site), information, text, forms, photographic and other data contained therein (collectively, the “Information”) and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software (“Software”). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, adaptations, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the “Product”.
You acknowledge that BEYONDHQ and its licensors have and shall retain exclusive ownership of all proprietary rights in or to the Product, including all United States, Canadian and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. This is a license agreement and not an agreement for sale. You shall have no right or interest in any portion of the Product except the right to use the Product as set forth in these Terms and Conditions of Use and, if you are a BEYONDHQ Client with a License Agreement to Insights Pro, your executed License Agreement. If you are a BEYONDHQ Client that has purchased a report(s) from Insights Lite, these Terms and Conditions of Use apply directly.
You acknowledge and agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, (b) not challenge BEYONDHQ’s and its licensor’s ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure or rights management information included in the Product. You shall be liable for any violation of the provisions of these Terms and Conditions of Use and, if applicable, the License Agreement by your employees, Independent Contractors, consultants, services providers and vendors, affiliates and agents and for any unauthorized use of the Product by such persons. Nothing in these Terms and Conditions of Use will restrict BEYONDHQ from freely using for any purpose, without compensation, any of your ideas, suggestions, enhancements or other feedback relating to the Licensed Product or new BEYONDHQ products, features or tools, or any portion thereof.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BEYONDHQ is not responsible for third party access to your account that results from theft or misappropriation of your account. BEYONDHQ and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Visiting the Site or sending emails to BEYONDHQ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BEYONDHQ and BEYONDHQ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BEYONDHQ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BEYONDHQ of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that BEYONDHQ may share such information and data with any third party with whom BEYONDHQ has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and Conditions of Use. As a condition of your use of the Site, you warrant to BEYONDHQ that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BEYONDHQ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BEYONDHQ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BEYONDHQ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BEYONDHQ or our licensors except as expressly authorized by these Terms.
Services are controlled, operated and administered by BEYONDHQ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BEYONDHQ Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BEYONDHQ, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BEYONDHQ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BEYONDHQ in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BEYONDHQ agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEYONDHQ, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BEYONDHQ, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEYONDHQ, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEYONDHQ, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEYONDHQ, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination and Interruption of Access
You acknowledge and agree that BEYONDHQ may interrupt, terminate, discontinue, or block your access to the Product or portions thereof at any time, subject to the terms of any License Agreement in place between you or your company and BEYONDHQ. BEYONDHQ reserves the right to terminate or suspend your use of a BEYONDHQ service or to terminate your License Agreement upon a good faith determination of a violation of the terms of any material provision of any other agreement between the parties or their affiliates. In the event such suspension or termination occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from BEYONDHQ, certify, in writing, your compliance with this provision.
If you are a BEYONDHQ Client with a License Agreement to Insights Pro, your License Agreement sets forth an initial term that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or non-renewal of your License Agreement, you shall cease using any portion of the Product. Further, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from BEYONDHQ, certify, in writing, your compliance with this provision. In addition, you will no longer have access to any portion of the Product, including any data and reports created by you and/or any reports you have shared and/received during the term.
If you are a BEYONDHQ Client that has created an account on the Site and purchased a report(s) from Insights Lite, you will have access to that report for one year (from the date of purchase). Upon the expiration of that year, you may no longer have access to any or all portions of the Product, including your report.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BEYONDHQ as a result of this agreement or use of the Site. BEYONDHQ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BEYONDHQ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BEYONDHQ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Modifications to Product; Changes to these Terms
BEYONDHQ is continuously updating and changing the Product, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that BEYONDHQ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms and Conditions of Use at any time by posting revised terms on the Product. It is your responsibility to check periodically for any changes we may make to the Product and these Terms and Conditions of Use. Your continued use of this Product following the posting of changes to these terms or other policies means you accept the changes.
Customer will be given access to Updates of the Product implemented during the Subscription Term. Customer acknowledges, however, that BEYONDHQ may in the future offer optional value-added functions, features or other capabilities for a separate fee.
BEYONDHQ welcomes your questions or comments regarding the Terms:
149 New Montgomery Street, 5th Floor
Effective as of February 05, 2020
Updated as of November 01, 2021