PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. THEY CONSTITUTE A LEGAL AGREEMENT. YOUR USE OF THIS WEBSITE AND SERVICES IS GOVERNED BY THESE TERMS. IF YOU DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST NOT USE THIS WEBSITE. YOUR USE OR CONTINUED USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

1. Definitions

Services: All services, digital products, and consulting offered on this website, whether free or paid.

Switchback, we, our, us: Switchback Systems Corp, a business registered in Canada.

You, your, User: Anyone using this website or services, excluding minors or anyone expressly prohibited.

Administrator: A person authorized to create or maintain a User Account on behalf of a User.

Applicable laws: The laws of Canada and the laws in the jurisdiction where the User resides.

Platform/Website: Switchback’s website (URL), iOS and Android apps, and any related content.

2. User Eligibility

To use our website and services, you must:

Be at least 18 years old and capable of entering a legal agreement.

Provide truthful, current, and complete information.

Comply with applicable laws, these Terms, and our Privacy Policy.

Not reside in countries sanctioned by Canada.

3. Services, Digital Products, and Subscription Fees

Website information is available free of charge. Accessing our paid services or purchasing digital products requires a subscription or purchase. Subscription details, digital product pricing, and payment methods are provided on our pricing or product pages.

We may update pricing, plans, or the scope of services at any time; current subscribers will be notified of changes.

Subscription fees are in USD and exclude taxes. You are responsible for paying applicable taxes.

Subscriptions renew automatically unless you cancel before the renewal date.

Refunds can be requested within 30 days of the initial subscription or digital product purchase. Refund processing costs are your responsibility.

You authorize us to charge your payment method for subscriptions and renewals. If payment fails, your subscription may not renew.

Unpaid invoices must be settled within 30 days or will accrue interest at 1.5% per month or the maximum legal rate.

4. Registration and User Account

Accessing paid services or digital products requires creating a User Account with accurate and updated information.

You are responsible for safeguarding your login credentials and notifying us of unauthorized access.

User Accounts are for your own business use. You may not assign, transfer, lease, or sublicense your account to third parties.

5. Respondents’ Accounts

Based on your subscription, you may be allocated Respondents’ Accounts. You must ensure respondents use these accounts according to these Terms.

Respondents cannot create multiple accounts or impersonate others.

You are responsible for ensuring respondents comply with these Terms. Notify us if you wish to deactivate a respondent’s account.

6. Digital Products

Digital products, including courses, videos, memberships, and downloadable materials, are licensed for personal or internal business use only. Redistribution, resale, or sharing outside your organization is prohibited.

We do not guarantee specific outcomes or results from consulting services, courses, or digital products.

Unless otherwise stated on the product page, digital product purchases are refundable within 30 days of purchase. After 30 days, all sales are final.

7. Physical Products (Book)

Physical books sold via Amazon are subject to Amazon’s fulfillment, shipping, and return policies. We do not provide separate shipping or refund policies for these products. 

8. Confidentiality

Confidential Information includes all non-public information disclosed between parties, unless it becomes public through no fault of the recipient.

Each party must protect the other’s Confidential Information using reasonable efforts.

We may disclose Confidential Information if required by law or to prevent fraud.

Survey responses are anonymous by default unless otherwise specified. Any changes to anonymity will be communicated via a clear notice.

9. Privacy Policy

By using our services, you agree to our Privacy Policy, which governs how we collect, store, and process your information.

We use standard security measures to protect your data but cannot guarantee absolute security.

10. Third-party Services

Our website, services, and products may integrate with or rely on third-party services including, but not limited to, ClickFunnels, Slack, Zapier, Google Workspace, SendGrid, Twilio, Amazon, Meta, and LinkedIn. We are not responsible for interruptions, unavailability, or damages caused by these third-party services. Your use of third-party services is subject to their own terms and privacy policies.

11. Intellectual Property Rights and License

All content and services are the property of Switchback or its licensors.

We grant you a non-exclusive, limited, non-transferable license to use our website and services as permitted under these Terms.

You may not reproduce, distribute, or create derivative works from our content without our consent.

You grant us an irrevocable, royalty-free, worldwide license to use your content (including survey questions, responses, feedback) in connection with providing the services.

12. Nature of Services

We provide technology-based services (e.g., surveys, reports, courses, e-learning) for informational purposes only. We do not provide legal, financial, medical, or psychological advice or guarantee that services meet your specific business needs.

13. Disclaimer

Services are provided “as-is” and “as-available” without warranties of any kind.

We do not guarantee the accuracy, reliability, completeness, or suitability of services or data.

You assume full responsibility for your use of the website and services.

14. Limitation of Liability

To the fullest extent permitted by law, Switchback and its affiliates are not liable for indirect, incidental, special, consequential, or punitive damages.

Our maximum liability is limited to the amount paid by you in subscription or digital product fees in the 12 months preceding a claim.

Nothing in these Terms excludes liability for intellectual property infringement or other liabilities that cannot be excluded by law.

15. Indemnity

You agree to indemnify Switchback and its affiliates against any claims or damages arising from your use of the website or services, breach of these Terms, or infringement of intellectual property rights.

16. Prohibited Uses

You agree not to:

Introduce malicious code or attempt unauthorized access.

Attack our website or services (e.g., DDoS).

Engage in fraudulent, illegal, offensive, or discriminatory conduct.

Circumvent restrictions, collect unauthorized information, or degrade service performance.

Misuse services in ways that negatively affect other users.

Violations may result in account suspension and legal action.

17. Modifications and Termination

We may modify these Terms or services at any time. Changes will be notified to current subscribers at least 15 days before taking effect. Continued use after changes constitutes acceptance.

We reserve the right to suspend or terminate your account or services at our discretion. Our maximum liability in case of cancellation is a pro-rata refund of your subscription fee (if not in breach).

18. General Terms

Assignment: You cannot assign rights under these Terms without our consent. We may assign our rights without notice but will protect your rights accordingly.

Governing Law & Dispute Resolution: These Terms are governed by the laws of Canada. Disputes will be resolved through binding arbitration under applicable Canadian laws.

Survivability: Provisions on confidentiality, indemnity, and intellectual property survive termination.

Force Majeure: Neither party is liable for delays caused by events beyond reasonable control.

Severability: If any provision is invalid, remaining terms remain effective.

Independent Contractors: These Terms do not create agency, partnership, or employment relationships.

No Waiver: Failure to enforce any right does not waive it.

Entire Agreement: These Terms and the Privacy Policy form the complete agreement.

Notices: All communications must be made through switchbackos.com/contact.

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