Culturevating OS pilot terms

1. About these terms

These terms are between Not Usual Ltd (company number 11182055, registered office 167 to 169 Great Portland Street, London W1W 5PF) and the organisation named in the Pilot Details (you). They cover your organisation’s pilot of Culturevating OS, including Bridgit.

Three documents make up the agreement:

1. the Pilot Details, which we agree and sign with each organisation and which set out your pilot dates, number of participants and fees;
2. these pilot terms; and
3. the data processing agreement, which governs how we handle your people’s personal data.

If they conflict, the Pilot Details win, then the data processing agreement on data protection matters, then these terms. These terms are for business customers only.

2. The pilot

What it is. An early, controlled release of Culturevating OS so your people can take Garden Walks with Bridgit and build their Growing Beds. Because it is a pilot, features will change as we learn, and some may be added, adjusted or withdrawn. We’ll tell you about any change that materially affects you.

Length. 3 months from the start date in the Pilot Details, unless we agree a different length in writing.

Fees. As set out in the Pilot Details and paid through our Stripe payment page. Pilot fees are discounted from our standard prices and exclude VAT. The discount applies to the pilot only; any continuation after it is priced separately.

Support. You can reach us at hello@notusual.co. We aim to reply within 2 working days. We don’t offer a guaranteed level of availability during the pilot, but we’ll tell you promptly about any significant outage.

3. How you may use Culturevating

Culturevating supports people’s growth and helps your organisation see what it is growing. You may use it for staff development, reflection and understanding patterns across your organisation.

You must not use Culturevating, Bridgit or anything they produce to make or inform decisions about any individual’s recruitment, pay, promotion, performance rating, discipline or dismissal.

This protects your people’s trust, and it keeps the service outside stricter rules on AI used to evaluate workers. If you want to use Culturevating for any of these purposes, we must agree it in writing first.

You also agree to:

• make taking part voluntary, with no consequence for anyone who declines or stops;
• tell your people about Culturevating before they start, and share our privacy notice with them;
• not try to access individual conversations or Growing Beds, as administrators see patterns only; and
• not use Culturevating to monitor people covertly.

4. Bridgit and AI

Bridgit is an AI guide. It is not a person, a coach, a counsellor, a medical professional or an employment adviser. It can misunderstand or get things wrong, so what it suggests is provisional until the participant accepts it.

Bridgit will point people to crisis support, such as Samaritans or NHS 111, if they seem to be struggling. It cannot respond to emergencies, and it doesn’t replace your organisation’s duty of care or wellbeing support. A way to name a support contact in your organisation is planned but not yet available.

Bridgit runs on Microsoft Azure OpenAI. Neither we nor Microsoft use your people’s conversations to train AI models.

5. Accounts, security and acceptable use

Your people sign in with your organisation’s Microsoft accounts. You’re responsible for who you invite, for keeping your own security settings (including multi factor authentication) in place, and for removing access when someone leaves. Tell us straight away if you suspect unauthorised access.

No one using Culturevating may:

• try to break, overload, reverse engineer or get around its security or isolation;
• try to make Bridgit reveal other people’s data or act outside its purpose;
• upload anything unlawful, harmful or that they have no right to share; or
• use it to harass, discriminate against or harm anyone.

We may suspend access to protect the service or other users, and will tell you why unless the law prevents it.

6. Data protection and confidentiality

You are the controller of your people’s data in your Culturevating Garden, and we are your processor. The data processing agreement sets out both sides’ obligations, and you must sign it before your people start.

Each of us will keep the other’s confidential information private and use it only for the pilot. This doesn’t cover information that is already public, that we already knew, or that the law requires us to disclose.

7. Intellectual property and feedback

We own Culturevating OS, Bridgit, the Garden Walk question bank, the garden model and everything we build. You get a non exclusive, non transferable right to use them during the pilot.

Your people’s contributions and your organisation’s data stay yours.

If you give us feedback or ideas about the product, we may use them freely to improve Culturevating, without using your data or naming you.

8. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn’t allow to be limited.

Otherwise:

• neither of us is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill;
• the service is provided as a pilot and we don’t promise it will be uninterrupted or error free, or that Bridgit’s outputs will be accurate; and
• each party’s total liability under this agreement is limited to the greater of the fees paid in the 12 months before the claim and £10,000. For claims arising from a breach of the data processing agreement, the limit is the greater of twice those fees and £20,000.

You are responsible for any decisions your organisation makes, including any that break section 3.

9. Ending the pilot, and general terms

Ending. Either of us may end the pilot by written notice, taking effect at the end of the current billing period. Fees already paid for that period are not refunded. Either of us may also end it straight away if the other seriously breaks these terms and doesn’t put it right within 14 days. We may also end it straight away if you use Culturevating against section 3.

After it ends. Access stops. You can ask for an export within 30 days, and we delete your data 90 days after the end, as the data processing agreement explains. Sections 6 to 9 continue to apply.

General. These terms are the whole agreement about the pilot. Neither of us may transfer it without the other’s consent, except as part of a sale of the business. Changes must be in writing. If part of these terms is found invalid, the rest still applies. Nobody else has rights under these terms.

Law. These terms are governed by the law of England and Wales, and the courts of England and Wales decide any dispute.