Terms and Conditions

These Terms and Conditions (“Terms”) constitute a binding agreement between you and Altrix Technologies, Inc., a Delaware corporation operating as Latent Variables (“Latent Variables,” “Company,” “we,” “us,” or “our”), governing the workplace survey messaging and calling program we operate on behalf of employers (the “Program”). By providing your mobile telephone number and consenting on the Latent Variables consent form, or by otherwise participating in the Program, you agree to these Terms. If you do not agree, do not enroll in or participate in the Program.

Latent Variables delivers workplace survey invitations, reminders, and related support communications to personnel of organizations that have engaged Latent Variables (“Client Organizations”). Communications may be delivered by text message (SMS) and, where applicable, by automated or artificial-voice telephone call. Participation in the Program is voluntary, and consent to receive communications is not a condition of employment.

You represent that you are at least 18 years of age and the authorized user or subscriber of the mobile telephone number you provide. By enrolling, you provide your prior express consent to receive recurring Program messages and, where applicable, calls. While your employer may facilitate enrollment, consent is collected from you individually at the time you provide your mobile number. You may withdraw consent at any time as described below.

Where surveys are conducted by telephone, calls may use an automated or artificial voice and may be recorded. At the outset of each call, Latent Variables identifies itself and the Client Organization on whose behalf the call is made and provides a recording notice where applicable. If you do not consent to being recorded, you may end the call. You may decline future calls by following the instructions provided during the call. We handle recordings in accordance with applicable law, including the laws of jurisdictions requiring all-party consent to recording.

You agree to provide accurate information, to use the Program only for its intended purpose, and not to: (a) interfere with or disrupt the Program or its infrastructure; (b) attempt to gain unauthorized access to any system; or (c) use the Program in violation of any applicable law. We may suspend or terminate participation for conduct that violates these Terms.

The Program and all associated content, software, models, and materials are owned by Latent Variables or its licensors and are protected by intellectual-property and other laws. Except for the limited right to participate in the Program, no license or right is granted to you. All rights not expressly granted are reserved.

The Program relies on third-party telecommunications carriers and service providers. We are not responsible for the acts, omissions, availability, or performance of third-party networks or services. Your wireless carrier’s terms and charges apply to messages and calls you send or receive.

The Program is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Latent Variables disclaims all warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Program will be uninterrupted, timely, secure, or error-free.

To the maximum extent permitted by law, Latent Variables and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or relating to the Program, whether based on contract, tort, or any other theory, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to the Program will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold harmless Latent Variables and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your misuse of the Program or your violation of these Terms or applicable law.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 13, the state and federal courts located in Orange County, California will have exclusive jurisdiction over any dispute not subject to arbitration.

Please read this section carefully. It affects your legal rights, including your right to bring a claim in court and to have a jury trial.

Any dispute arising out of or relating to these Terms or the Program will be resolved by binding arbitration administered by a recognized arbitration provider, such as JAMS or the American Arbitration Association, under its applicable consumer rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will take place in Orange County, California, or another mutually agreed location, and may proceed by videoconference where permitted.

Class-action waiver. Disputes will be resolved only on an individual basis. You and Latent Variables waive any right to participate in a class, collective, or representative action. The arbitrator may not consolidate more than one person’s claims.

This Section does not prevent either party from seeking injunctive or equitable relief for the protection of intellectual-property rights. If any portion of this Section is found unenforceable, the remainder will continue to apply.

We may update these Terms from time to time. We will post the revised Terms at this location and update the effective date above. Your continued participation in the Program after changes become effective constitutes acceptance of the revised Terms.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Latent Variables regarding the Program and supersede prior understandings. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.

Personal information is handled as described in our Privacy Policy, which is incorporated into these Terms by reference.