TERMS OF SERVICE

Last Updated: January 18, 2025 – Page update validation November 13, 2025

1. INTRODUCTION AND ACCEPTANCE

Agile Lounge® is a registered trademark and division of AFJ Solutions Inc. and its subsidiaries operating in the United States and Canada (collectively “Agile Lounge,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our websites, including https://agile-lounge.com, https://jolyaf.com, and https://askadrienne.ai (collectively, the “Websites”), and all related services, features, content, and applications.

BY ACCESSING OR USING OUR WEBSITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITES.

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting to the Websites. Your continued use of the Websites after changes are posted constitutes acceptance of the modified Terms. We will provide notice of material changes through the Websites or via email where required by law.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirements

• General website use: You must be at least 13 years of age
• Account creation and purchases: You must be at least 18 years of age
• Minors under 18: May use the Websites only with parental or guardian consent and supervision

2.2 Account Creation

To access certain features or make purchases, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized account access
• Accept responsibility for all activities under your account

You represent and warrant that you have the legal capacity to enter into binding contracts under applicable law.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Trademarks

The following marks are trademarks or registered trademarks of AFJ Solutions Inc.:

• Agile Lounge®
• Pöw Solutions®
• Talent Agile™
• AFénix™
• Adrienne AI™
• Agreement Based Agility™
• Next Level Agile™
• Dare Real Agile™
• Friday Live Agile®
• AFJ Podcast™
• Un Café avec Frédéric™
• Fuckup Scrum Montréal™
• Scrum Beer Montréal™

Unauthorized use of these trademarks is strictly prohibited.

3.2 Copyright and Content Ownership

All content on the Websites, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, tutorials, blog posts, podcasts, and training materials, is owned by Agile Lounge or its licensors and is protected by international copyright, trademark, and other intellectual property laws.

3.3 Restrictions on Use

You may not, without our express written permission:

• Reproduce, modify, distribute, or publicly display Website content
• Create derivative works from Website content
• Use content for commercial purposes
• Decompile, reverse engineer, or disassemble any Website software
• Remove or alter copyright notices or proprietary markings
• Frame or mirror any portion of the Websites
• Use automated tools (bots, scrapers, crawlers) to access the Websites

3.4 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Websites for personal, non-commercial purposes, subject to these Terms.

4. USER-GENERATED CONTENT

4.1 Content You Submit

You may submit, upload, or transmit content to the Websites, including text, images, videos, comments, reviews, and other materials (“User Content”). You retain ownership of your User Content but grant us certain rights as described below.

4.2 License Grant

By submitting User Content, you grant Agile Lounge and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or platform, whether now known or later developed.

This license includes the right to use your name, username, profile picture, and any associated social media handles (Instagram, YouTube, Twitter/X, Facebook, LinkedIn) in connection with your User Content.

4.3 Your Representations and Warranties

By submitting User Content, you represent and warrant that:

• You own or have all necessary rights to the User Content
• You have obtained all required permissions from any persons appearing in or associated with your User Content
• Your User Content does not infringe any third-party rights (including copyright, trademark, privacy, or publicity rights)
• Your User Content complies with all applicable laws and regulations
• Your User Content does not contain viruses, malware, or harmful code
• You have complied with the terms of service of any third-party platforms from which you source content

4.4 Content Hashtags and Social Media

If you use Agile Lounge hashtags (such as #agilelounge, #talentagile, #scrumbeerMTL, #DareRealAgile) on third-party platforms, you grant us permission to use, display, and promote that content on our Websites and marketing materials.

4.5 Prohibited Content

You may not submit User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or libelous
• Infringes any intellectual property or proprietary rights
• Contains personal information of others without consent
• Is pornographic, sexually explicit, or harmful to minors
• Is discriminatory based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or age
• Impersonates any person or entity
• Contains false, misleading, or deceptive information
• Constitutes spam, unsolicited advertising, or pyramid schemes
• Promotes illegal activities or substances
• Contains malware or malicious code

4.6 Content Moderation

We reserve the right, but have no obligation, to:

• Monitor, review, and moderate User Content
• Remove, edit, or refuse to post any User Content at our sole discretion
• Suspend or terminate accounts that violate these Terms
• Cooperate with law enforcement regarding illegal content

4.7 No Confidentiality

User Content is not treated as confidential. Do not submit confidential or proprietary information through the Websites.

4.8 Moral Rights Waiver

To the extent permitted by law, you waive all moral rights in your User Content, including rights of attribution and integrity.

5. PERSONALIZED PRODUCTS AND SERVICES

5.1 Customization

When ordering customized products or services (workshops, training materials, event tickets with personalization), you may add text, images, logos, or other elements (“Personalization Elements”).

5.2 Personalization Restrictions

Personalization Elements must not include:

• Copyrighted or trademarked material without authorization
• Names, images, or likenesses of others without consent
• Content that is offensive, obscene, defamatory, or discriminatory
• Unlawful or inappropriate content

5.3 Review and Rejection

We reserve the right to review and reject any Personalization Elements. If rejected, you will be notified, and your order may be cancelled with a refund. Personalization Elements are subject to all Terms regarding User Content.

5.4 No Returns on Custom Items

Customized products are made specifically for you and cannot be returned unless defective or we made an error.

6. PURCHASES AND PAYMENT

6.1 Product Availability

Products, services, prices, and features are subject to change or discontinuation at any time without notice. We do not guarantee availability of any product or service.

6.2 Order Acceptance

Your order is an offer to purchase. We reserve the right to accept or reject any order for any reason not prohibited by law. Order confirmation emails do not constitute acceptance; orders are accepted upon delivery or explicit confirmation.

6.3 Pricing and Payment

• All prices are in the currency indicated at checkout
• We reserve the right to correct pricing errors
• Payment is due at the time of purchase
• You authorize us to charge your payment method for all fees
• We may limit quantities or refuse service at our discretion

6.4 Taxes

Prices may not include applicable taxes. You are responsible for all applicable taxes, duties, and customs fees.

6.5 Refunds and Cancellations

Refund and cancellation policies vary by product and service. Please refer to specific product pages or contact customer service for details.

7. PROHIBITED CONDUCT

You agree not to:

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Transmit harmful code or malware
• Interfere with or disrupt the Websites or servers
• Attempt unauthorized access to systems or accounts
• Collect user data without authorization
• Use the Websites for commercial solicitation without permission
• Impersonate others or misrepresent your affiliation
• Harass, stalk, or harm other users
• Post spam, chain letters, or pyramid schemes
• Use automated systems to access the Websites excessively
• Circumvent security measures or access restrictions

8. THIRD-PARTY LINKS AND SERVICES

The Websites may contain links to third-party websites, services, or resources (“External Sites”). We do not control, endorse, or assume responsibility for External Sites. Your use of External Sites is at your own risk and subject to their terms and policies.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 GDPR Compliance (European Users)

If you are located in the European Economic Area, United Kingdom, or Switzerland, we comply with the General Data Protection Regulation (GDPR). You have rights regarding your personal data, including:

• Right to access your data
• Right to rectification
• Right to erasure (“right to be forgotten”)
• Right to restrict processing
• Right to data portability
• Right to object to processing
• Right to withdraw consent

To exercise these rights, contact us at the information provided in Section 18.

9.3 CCPA/CPRA Compliance (California Users)

California residents have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to deletion, and the right to opt-out of the sale or sharing of personal information.

9.4 PIPEDA Compliance (Canadian Users)

We comply with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws, including Quebec’s Law 25.

9.5 Data Location

Your personal information may be transferred to, stored, and processed in Canada, the United States, or other countries where we or our service providers operate. By using the Websites, you consent to such transfers.

10. ARTIFICIAL INTELLIGENCE SERVICES (askadrienne.ai)

10.1 AI-Generated Content

The askadrienne.ai platform may use artificial intelligence to generate content, recommendations, or responses. AI-generated content:

• Is provided for informational purposes only
• May contain errors or inaccuracies
• Should not be relied upon as professional advice
• Does not constitute a recommendation or endorsement

10.2 Training Data

Content you submit to AI services may be used to improve our AI systems, subject to our Privacy Policy. You can opt-out of this use by contacting us.

10.3 AI Limitations

You acknowledge that:

• AI systems have limitations and may produce unexpected results
• We do not guarantee the accuracy, completeness, or reliability of AI outputs
• You should independently verify AI-generated information
• AI services are provided “as is” without warranties

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 “AS IS” Provision

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITES AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Warranties

We do not warrant that:

• The Websites will be uninterrupted, secure, or error-free
• Content or results will be accurate, reliable, or complete
• Defects will be corrected
• The Websites are free of viruses or harmful components

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGILE LOUNGE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:

• Your use or inability to use the Websites
• Any unauthorized access to or use of our servers or personal information
• Any interruption or cessation of the Websites
• Any bugs, viruses, or harmful code transmitted through the Websites
• Any errors or omissions in content
• Any User Content or third-party content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

11.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability and warranties are limited to the maximum extent permitted by law. Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

Quebec consumers: The limitations in this section do not apply to the extent they conflict with mandatory consumer protection laws in Quebec, including the Consumer Protection Act.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Agile Lounge, AFJ Solutions Inc., and their respective affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

• Your use of the Websites
• Your violation of these Terms
• Your User Content
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

This indemnification obligation survives termination of these Terms and your use of the Websites.

The foregoing indemnification does not apply to our negligent or intentional conduct.

13. FEEDBACK AND SUGGESTIONS

Any feedback, comments, suggestions, or ideas you provide to us regarding the Websites or our services (“Feedback”) becomes our property. You assign all rights, title, and interest in Feedback to us. We may use Feedback for any purpose without obligation or compensation to you.

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before initiating any legal proceeding, you agree to contact our customer service department to attempt to resolve the dispute informally. Contact information is provided in Section 18.

14.2 Governing Law

United States Users: These Terms are governed by the laws of the State of New Hampshire, USA, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Canadian Users: These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

European Users: These Terms are governed by the laws of your country of residence to the extent required by EU consumer protection law.

14.3 Arbitration (US Users Only, Subject to Limitations)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Applicability: This arbitration provision applies only to users in the United States and only to the extent permitted by applicable law. It does not apply to:

• Quebec residents
• Disputes that can be brought in small claims court
• Claims for injunctive or equitable relief
• Claims of intellectual property infringement

Agreement to Arbitrate: You and Agile Lounge agree that any dispute arising from or relating to these Terms or the Websites shall be resolved through binding individual arbitration rather than in court, except as provided above.

Class Action Waiver: YOU AND AGILE LOUNGE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Jury Trial Waiver: YOU AND AGILE LOUNGE WAIVE THE RIGHT TO A JURY TRIAL.

Arbitration Procedures: Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You may choose to conduct arbitration by telephone, based on written submissions, or in person.

Opt-Out: You may opt out of this arbitration provision by sending written notice to us within 30 days of first accepting these Terms. Include your name, address, and a clear statement that you wish to opt out of arbitration.

14.4 Jurisdiction and Venue

United States Users (not subject to arbitration): Claims shall be brought exclusively in state or federal courts located in Rockingham County, New Hampshire, and you consent to personal jurisdiction in such courts.

Canadian Users: Claims shall be brought in courts of competent jurisdiction in Montreal, Quebec.

European Users: You may bring claims in the courts of your country of residence.

14.5 Time Limitation on Claims

Any claim must be brought within one (1) year of the date the cause of action arose, or to the extent permitted by applicable law.

15. TERMINATION

15.1 Termination by You

You may terminate your account at any time by contacting customer service or using account settings.

15.2 Termination by Us

We may suspend or terminate your access to the Websites, with or without notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Conduct that harms other users or our business
• Extended periods of inactivity

15.3 Effect of Termination

Upon termination:

• Your right to use the Websites immediately ceases
• We may delete your account and User Content
• Provisions that by their nature should survive (including Sections 3, 4.2, 11, 12, 13, 14, and 17) continue in effect

16. EXPORT CONTROLS AND COMPLIANCE

The Websites and services are controlled and operated from Canada. Access from territories where the content or products are illegal is prohibited. You are responsible for compliance with all applicable local laws and export control laws of Canada and the United States. You may not use the Websites in violation of export laws and regulations.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and Agile Lounge regarding the Websites.

17.2 Amendments

We may modify these Terms at any time. Material changes will be notified through the Websites or via email. Your continued use after changes constitutes acceptance.

17.3 Severability

If any provision of these Terms is found unlawful or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

17.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

17.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as explicitly stated.

17.7 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.8 Headings

Section headings are for convenience only and do not affect interpretation.

17.9 Language

These Terms are drafted in English. Any translation is provided for convenience only. In case of conflict, the English version prevails to the extent permitted by law.

18. CONTACT INFORMATION

If you have questions about these Terms or need to contact us:

Agile Lounge A division of AFJ Solutions Inc. 360 St-Jacques Street West Montreal, QC H2Y 1P5 Canada

Email our Counsel here

Customer Service here

For privacy-related inquiries or to exercise your data rights, please use the contact information in our Privacy Policy.

ACKNOWLEDGMENT: BY USING THE WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.