Product terms of use

The NirSan EREVNA® research business, its 4 research platforms (i.e., ORGDESINE®, PEOPLEABLE®, SCALEXEL®, SOLVSTUDEO®) and its 23 research products are offered by NirSan Connect Private Limited (hereafter referred to as “NirSan”) as a service to business organisations with the purpose of enabling performance transformation through insights on structural, people, operational and strategic matters. Your and your organisations’s use of NirSan EREVNA® products and services is governed by these Product Terms. By purchasing and using NirSan EREVNA® products or services, you accept without limitation or qualification all Product Terms.

NirSan reserves the right, at its sole discretion, to modify, add or remove portions of these Product Terms at any time. All changes made to these Product Terms are deemed effective immediately when posted. NirSan will notify you when any material modifications or additions to these Product Terms are made. Your continued use of the NirSan EREVNA® products and services means that you accept and agree to these changes. You will be subject to the Product Terms in force at the time that you use the NirSan EREVNA® products and services. If any of these Product Terms are deemed invalid, void or unenforceable for any reason, that clause will be deemed severable and will not be considered to be a part of this Agreement.

For the purposes of these Product Terms, the words “materials”, “research”, “content”, “frameworks”, “pedagogies”, “surveys”, “assessments” and “EREVNA” refer jointly and separately to the NirSan EREVNA®, ORGDESINE®, PEOPLEABLE®, SCALEXEL® and SOLVSTUDEO® products and services.

These Product Terms incorporate the provisions, conditions and clauses contained in NirSan’s Terms of Use Statement, Privacy Statement and Intellectual Property Statement.

All EREVNA materials published by NirSan in any form of media, including, but not limited to, text, reports, instruction manuals, training materials, surveys, blogs, news articles, photographs, images, illustrations, audio clips, video clips, survey results, trademarks, service marks, logos, and other material (collectively referred hereafter as “Content”), are protected by U.S., U.K., India and international copyright and other intellectual property laws, and are owner and controlled by NirSan.

If you have purchased EREVNA® products, you may use Content on the NirSan website and from the EREVNA® products training kits for organizational purposes. The usage of Content is to be contained within the organizational unit for which the product has been purchased. You may not copy or republish Content from the website or EREVNA® products training kit materials, except for those items that might be included on the EREVNA® products training kit portable media device (DVD or USB flash drive). The nature and extent of content in the portable kits vary significantly depending on the nature of the EREVNA® product. The items on the portable media device are designed for republication for organizational purposes.

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights in these copyrighted materials by downloading them. In order to protect the pedagogies, constructs, concepts and frameworks behind EREVNA® products, NirSan reserves the right to audit any user created content. Depending on the results of that audit, NirSan may require that the user suitably modify the content.

For a detailed account of the terms governing the ownership and usage of EREVNA’s intellectual property, review the Intellectual Property section of NirSan’s Terms of Use Statement. For a detailed list of EREVNA’s intellectual property assets, review NirSan’s Intellectual Property Statement.

The organisation or collective entity that purchased the EREVNA® product (referred hereafter as “Organisation”) owns the product output and results. Designated individuals within the Organisation, as outlined in individual contracts with NirSan, will be responsible for sharing the information within the organisation. No output of EREVNA® products may be shared with any individual or collective entity outside the Organisation. EREVNA® products are meant for organizational improvement, and hence, for internal consumption within the Organisation.

As a matter of principle, EREVNA® products do not publish the assessment of individuals within the Organisation. The inputs provided by employees of the Organisation are owned by NirSan and are not to be shared with the Organisation in individual form. The Organisation will receive and own the aggregated output which can be further disaggregated into outputs for smaller groups that are no smaller than four individuals. This clause applies to all EREVNA® products including those belonging to the PEOPLEABLE® platform such as ABILEARN®, SYMBITHRUST®, EMOVERE® and STYLNER®. NirSan will be bound to maintain the confidentiality of the input provided at an individual and aggregate level, and the aggregate output.

Employees participating in EREVNA® products and related research activities will receive an Inclusion Code that will allow them to participate in surveys or training that are related to the product. These Inclusion Codes will be handed over to the Organisation. The Organisation is responsible for distributing the Inclusion Codes to the employees it chooses to nominate. NirSan will provide guidelines to the Organisation about the number and profile of employees that should ideally participate in the EREVNA® research. The Organisation is responsible for taking this decision and nominating employees to participate, and for any uses, actions and omissions while their Inclusion Codes are being used.

First-time individual participants and respondents of EREVNA® products will receive an Individual Code (IC). The IC will remain constant in all of the individual’s interactions with EREVNA® products, irrespective of the Organisation or the setting of product usage and research exercise. EREVNA® products provide training to participants, and the IC will help track the level of training that the individual has undergone in the past and the extent of familiarization with EREVNA® products. NirSan will not share the IC of individuals with the Organisation. It is up to the individual to share the IC with the Organisation and his/her past involvement with EREVNA® products.

While using content or materials related to EREVNA® products for the purposes of dissemination, discussion or decision making within the Organisation, or for the purposes of training and coaching employees of the Organisation, the Organisation and individuals therein agree to conduct yourself in a way that reflects positively on NirSan and the Content. NirSan has the following minimum expectations during the Organisation’s usage of EREVNA® products and Content.

- You acknowledge that EREVNA® products and the research and survey assessments inherent in these are not intended nor designed to be tools to hire or select employees or groups of individuals for specific assignments or roles. EREVNA® products are not validated as selection or hiring tools under the “equal opportunities” or “uniform guidelines” promulgated by the Equality & Human Rights Commission (EHRC) in the UK, the Equal Employment Opportunity Commission (EEOC) in the US and the Office of Equal Employment Opportunity & Civil Rights Programs (EEOC) in India.
- You shall not share the output of EREVNA® research nor advertise or publicise your purchase and usage of EREVNA® products outside the Organisation.
- The Content of EREVNA® including its pedagogies, frameworks and materials are the sole property of NirSan. These are shared with the Organisation with the express purpose of conducting research related to specific parts of the Organisation. You may not share Content of EREVNA® within the Organisation beyond the specific parts that are involved in product usage and with external entities and individuals including affiliates, subsidiaries and partners, and consultants, research organisations and vendors.
- You will respect the confidentiality of the Organization's information, except as otherwise authorized by the rightful and legally defined authority within the Organization or as required by law.
- You will accurately create, maintain, store, and dispose of any records of work done in relation to EREVNA® research and product usage in a way that promotes confidentiality of the Organisation’s information and NirSan’s Content, and complies with any applicable laws.
- Your use of the Content shall not harm the reputation of NirSan or EREVNA® content.
- While using EREVNA® content within your organisation along with non-NirSan content, you must include the following in any non-NirSan material:
  The non-NirSan information inherent in this communication has not been approved and is not sanctioned or endorsed by NirSan in any way.
- You acknowledge that nothing in this Product Terms of Use Statement or the Organisation’s purchase and usage of EREVNA® products and services shall be construed as creating a partnership or joint venture between NirSan and the Organisation. You acknowledge that the relationship between NirSan and the Organisation is limited to the specific EREVNA® product that has been purchased, and to that product’s usage by the Organisation unit that it was purchased for, and for the specific frequencies and duration that the product was purchased for.

Most of the EREVNA® products are designed to allow repeat and periodic usage by organisations. In situations where the contract is over multiple usage occasions, all the Products Terms of Use will apply. In such situations, the Organisation will be responsible for storing the output over the duration of the usage and the contract, and for producing it for purposes of internal comparison over a period of time. In situations where different parts of the Organisation have used the same product, the Organisation will be responsible for any comparisons that it wishes to make. NirSan will not be responsible for collating reports that directly compare organisations or parts of organisations against each other, or for providing commentary on such comparisons that might be collated by the concerned Organisation.

NirSan provides training for the usage of some EREVNA® products. This training is meant to help participants engage in the research process in a more effective manner. Training content includes EREVNA® Content as well as Content related to NirSan’s research delivery approaches. The Organisation is responsible for the nomination, attendance and participation of relevant employees in these training exercise, and also responsible for any acts or omissions of participants during the training exercise. The Organisation undertakes to not use this training for any purpose other than the said objective of making participants more effective in their engagement during the research exercise. All training material is the sole property of NirSan and cannot be used by the Organisation for any purpose whatsoever.

The NirSan NURTURE® research business, its 3 research platforms (i.e., MAGNEVOL®, PLENASAL®, SOJOURNEUM®) and its 18 research products are offered by NirSan as a service to development institutions in the areas of education, healthcare and hospitality with the purpose of helping to foster nurturing environments through organizational insights. Your and your organisations’s use of NirSan NURTURE® products and services is governed by these Product Terms. By purchasing and using NirSan NURTURE® products or services, you accept without limitation or qualification all Product Terms.

NirSan reserves the right, at its sole discretion, to modify, add or remove portions of these Product Terms at any time. All changes made to these Product Terms are deemed effective immediately when posted. NirSan will notify you when any material modifications or additions to these Product Terms are made. Your continued use of the NirSan NURTURE® products and services means that you accept and agree to these changes. You will be subject to the Product Terms in force at the time that you use the NirSan NURTURE® products and services. If any of these Product Terms are deemed invalid, void or unenforceable for any reason, that clause will be deemed severable and will not be considered to be a part of this Agreement.

For the purposes of these Product Terms, the words “material”, “research”, “content”, “frameworks”, “pedagogies”, “surveys”, “assessments” and “NURTURE” refer jointly and separately to the NirSan NURTURE®, MAGNEVOL®, PLENASAL® and SOJOURNEUM® products and services.

These Product Terms incorporate the provisions, conditions and clauses contained in NirSan’s Terms of Use Statement, Privacy Statement and Intellectual Property Statement.

All NURTURE materials published by NirSan in any form of media, including, but not limited to, text, reports, instruction manuals, training materials, surveys, blogs, news articles, photographs, images, illustrations, audio clips, video clips, survey results, trademarks, service marks, logos, and other material (collectively referred hereafter as “Content”), are protected by U.S., U.K., India and international copyright and other intellectual property laws, and are owner and controlled by NirSan.

If you have purchased NURTURE products, you may use Content on the NirSan website and from the NURTURE products training kits for organizational purposes. The usage of Content is to be contained within the organizational unit for which the product has been purchased. You may not copy or republish Content from the website or NURTURE products training kit materials, except for those items that might be included on the NURTURE products training kit portable media device (DVD or USB flash drive). The nature and extent of content in the portable kits vary significantly depending on the nature of the NURTURE product. The items on the portable media device are designed for republication for organizational purposes.

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights in these copyrighted materials by downloading them. In order to protect the pedagogies, constructs, concepts and frameworks behind NURTURE products, NirSan reserves the right to audit any user created content. Depending on the results of that audit, NirSan may require that the user suitably modify the content.

For a detailed account of the terms governing the ownership and usage of NURTURE’s intellectual property, review the Intellectual Property section of NirSan’s Terms of Use Statement. For a detailed list of NURTURE’s intellectual property assets, review NirSan’s Intellectual Property Statement.

The organisation or collective entity that purchased the NURTURE product (referred hereafter as “Organisation”) owns the product output and results. Designated individuals within the Organisation, as outlined in individual contracts with NirSan, will be responsible for sharing the information within the organisation. No output of NURTURE products may be shared with any individual or collective entity outside the Organisation. NURTURE products are meant for organizational improvement, and hence, for internal consumption within the Organisation.

As a matter of principle, NURTURE products do not publish the assessment of individuals within the Organisation. The inputs provided by employees of the Organisation are owned by NirSan and are not to be shared with the Organisation in individual form. The Organisation will receive and own the aggregated output which can be further disaggregated into outputs for smaller groups that are no smaller than four individuals. This clause applies to all NURTURE products including those that specifically focus on skills, mindsets and behaviours (i.e., MODE-L® and TOLEAD® within the MAGENVOL® platform; NURSPIRE® and CREDO-N® within the PLENASAL® platform; EMLABOR® and HOSTELLAR® within the SOJOURNEUM® platform). NirSan will be bound to maintain the confidentiality of the input provided at an individual and aggregate level, and the aggregate output.

If you are a school administrator and intend to have students participate in any of NURTURE products within the MAGNEVOL® platform, then you agree to take all necessary actions to comply with applicable student privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA).

If you are a hospital administrator and intend to have patients participate in any of NURTURE products within the PLENASAL® platform, then you agree to take all necessary actions to comply with applicable patient privacy laws, including, but not limited to, the Patient Rights and Privacy Act (PERPA).

Employees participating in NURTURE products and related research activities will receive an Inclusion Code that will allow them to participate in surveys or training that are related to the product. These Inclusion Codes will be handed over to the Organisation. The Organisation is responsible for distributing the Inclusion Codes to the employees it chooses to nominate. NirSan will provide guidelines to the Organisation about the number and profile of employees that should ideally participate in the NURTURE research. The Organisation is responsible for taking this decision and nominating employees to participate, and for any uses, actions and omissions while their Inclusion Codes are being used.

For several NURTURE products, participation in surveys is needed for non-employees. Such participants will include students and parents for products on the MAGNEVOL® research platform, patients and their family members for products on the PLENASAL® platform, and hospitality customers and guests for products on the SOJOURNEUM® platform. In such cases, NirSan will hand over the requisite number of External Inclusion Codes (EI Codes) to the Organisation. The Organisation will be responsible for distributing the EI Codes and for uses, action and omissions while these EI Codes are being used. The set of products that require the usage of EI Codes include, but is not limited to LEARNVIRON®, COMPAR®, MODE-L® on the MAGNEVOL® platform; EUDAIVIRON® and P-CORE® on the PLENASAL® platform; and REJUVIRON®, GUIDEN®, HOSTELLAR® and QUALEST® on the SOJOURNEUM® platform.

First-time individual participants and respondents of NURTURE products will receive an Individual Code (IC). The IC will remain constant in all of the individual’s interactions with NURTURE products irrespective of the Organisation, the setting of product usage and research exercise, and whether the individual is using an Inclusion Code or an External Inclusion Code. NURTURE products provide training to participants, and the IC will help track the level of training that the individual has undergone in the past and the extent of familiarization with NURTURE products. NirSan will not share the IC of individuals with the Organisation. It is up to the individual to share the IC with the Organisation and his/her past involvement with NURTURE products.NirSan may use your name, email and postal address, telephone number, job title and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with NirSan in order to keep you up to date on the latest product announcements, software and product upgrade, special offers, and other information about NirSan’s products and services. In connection with these marketing-related activities, NirSan may provide a hashed user ID to third party operated social networks (such as Twitter, LinkedIn, Facebook, Instagram or Google) where this information is then matched against the social networks’ data in order to display to you more relevant information.

While using content or materials related to NURTURE products for the purposes of dissemination, discussion or decision making within the Organisation, or for the purposes of training and coaching employees of the Organisation, the Organisation and individuals therein agree to conduct yourself in a way that reflects positively on NirSan and the Content. NirSan has the following minimum expectations during the Organisation’s usage of NURTURE products and Content.

- You acknowledge that NURTURE products and the research and survey assessments inherent in these are not intended nor designed to be tools to hire or select employees or groups of individuals for specific assignments or roles. NURTURE products are not validated as selection or hiring tools under the “equal opportunities” or “uniform guidelines” promulgated by the Equality & Human Rights Commission (EHRC) in the UK, the Equal Employment Opportunity Commission (EEOC) in the US and the Office of Equal Employment Opportunity & Civil Rights Programs (EEOC) in India.
- You shall not share the output of NURTURE research nor advertise or publicise your purchase and usage of NURTURE products outside the Organisation. NURTURE trademarks and Content is the sole property of NirSan. NURTURE trademarks cannot be used by the Organisation other than what is made available in NirSan material and output. NURTURE content is meant for usage within the Organisation only and for the purposes and for the Organisation units and employees for which they are purchased. Under no circumstance shall you publicise the Organisation’s use of NURTURE products and research for enhancing the Organisation’s reputation or attracting customers or dealing with partners.
- The Content of NURTURE including its pedagogies, frameworks and materials are the sole property of NirSan. These are shared with the Organisation with the express purpose of conducting research related to specific parts of the Organisation. You may not share Content of NURTURE within the Organisation beyond the specific parts that are involved in product usage and with external entities and individuals including affiliates, subsidiaries and partners, and consultants, research organisations and vendors.
- You will respect the confidentiality of the Organization's information, except as otherwise authorized by the rightful and legally defined authority within the Organization or as required by law.
- You will accurately create, maintain, store, and dispose of any records of work done in relation to NURTURE research and product usage in a way that promotes confidentiality of the Organisation’s information and NirSan’s Content, and complies with any applicable laws.
- Your use of the Content shall not harm the reputation of NirSan or NURTURE content.
- While using NURTURE content within your organisation along with non-NirSan content, you must include the following in any non-NirSan material:
  The non-NirSan information inherent in this communication has not been approved and is not sanctioned or endorsed by NirSan in any way.
- You acknowledge that nothing in this Product Terms of Use Statement or the Organisation’s purchase and usage of NURTURE products and services shall be construed as creating a partnership or joint venture between NirSan and the Organisation. You acknowledge that the relationship between NirSan and the Organisation is limited to the specific NURTURE product that has been purchased, and to that product’s usage by the Organisation unit that it was purchased for, and for the specific frequencies and duration that the product was purchased for.

Most of the NURTURE products are designed to allow repeat and periodic usage by organisations. In situations where the contract is over multiple usage occasions, all the Products Terms of Use will apply. In such situations, the Organisation will be responsible for storing the output over the duration of the usage and the contract, and for producing it for purposes of internal comparison over a period of time. In situations where different parts of the Organisation have used the same product, the Organisation will be responsible for any comparisons that it wishes to make. NirSan will not be responsible for collating reports that directly compare organisations or parts of organisations against each other, or for providing commentary on such comparisons that might be collated by the concerned Organisation.

NirSan provides training for the usage of some NURTURE products. This training is meant to help participants engage in the research process in a more effective manner. Training content includes NURTURE Content as well as Content related to NirSan’s research delivery approaches. The Organisation is responsible for the nomination, attendance and participation of relevant employees in these training exercise, and also responsible for any acts or omissions of participants during the training exercise. The Organisation undertakes to not use this training for any purpose other than the said objective of making participants more effective in their engagement during the research exercise. All training material is the sole property of NirSan and cannot be used by the Organisation for any purpose whatsoever.

The NirSan PHILOSOPHICA® technology platform and the five technologies on this platform (i.e., VERITAS AD PRETIUM®, E5 AESTHETIK®, DAEMQUALIA®, DOXASTORG®, IMROMEASURE®) are offered by NirSan as a part of delivering the EREVNA® and NURTURE products to its customers. These technologies manifest in the design of surveys and assessments, design of analytical approaches, software related to product design and delivery, design of research models, and definitions of terms and concepts.

All Content related to NirSan PHILOSOPHICA® is solely owned by NirSan. The conditions and terms of use pertaining to EREVNA® and NURTURE Content, as mentioned above, apply to NirSan PHILOSOPHICA® as well. This includes, but is not limited to, the terms related to the “Rules of conduct related to Usage” and “Rules related to Training”.

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Product Terms of Use Statement

A. Usage of NirSan EREVNA® products

B. Usage of NirSan NURTURE® products

C. Usage of NirSan PHILOSOPHICA content