Please read these terms and conditions carefully, as they will form the basis of your contract with us, Matiogi Limited, a company incorporated under the Companies Acts (Registered Number 04093204) and having its registered office at Ascot Drummond Devonshire House, Manor Way, Boreham Wood, Hertfordshire, WD6 1QQ, which trades as “Improved Employees”.
If you have any questions or complaints about our services, please contact us by writing to Matiogi Ltd, Suite 208, 47 Timberbush, Edinburgh, EH6 6QH or using the contact pages on this site or by calling +44 (0) 131 208 1118.
1. Definitions and interpretation
1.1 In the Terms and Conditions:
“Administrator Account” means the email address and password chosen by the Customer and intimated to the Provider when submitting its order for the Services and which will, on Completion, enable the Customer to access the Services and view all Customer Materials;
“Affiliate” means an entity that Controls, is Controlled by, or is under common Control with the relevant entity;
“Business Day” means any week day, other than a bank or public holiday in Edinburgh;
“Business Hours” means between 09:00 and 17:00 London time on a Business Day;
“Completion” means completion of the Contract pursuant to sub-clause 2.2 of the Terms and Conditions;
“Contract” means the contract between the Provider and the Customer comprising the Terms and Conditions (including the Schedule) and the Order Confirmation, and any valid amendments thereto from time to time;
“Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” will be construed accordingly);
“Customer” means the person, firm, partnership, limited liability partnership, company or other legal entity specified in the Order Confirmation;
“Customer Confidential Information” means any information disclosed (whether disclosed in writing, orally or otherwise) by the Customer to the Provider during the Term that is marked as “confidential”, described as “confidential” or should have been understood by the Provider at the time of disclosure to be confidential;
“Customer Materials” all Data uploaded to, stored on, processed using or transmitted via the Platform by or on behalf of the Customer or by any User or other person or application or automated system using the Customer’s Administrator Account;
“Data” means material, information and data;
“Defect” means a defect, error or bug having a materially adverse effect on the appearance, operation or functionality of the Platform, but excluding any defect, error or bug caused by or arising as a result of:
(a) an act or omission of the Customer or a User, or an act or omission of one of the Customer’s employees, officers, agents, suppliers or sub-contractors; or
(b) an incompatibility between the Platform and any other system, application, program or software not specified as compatible in the Schedule;
“Documentation” means the documentation produced by the Provider and made available on the Platform from time to time to the Customer specifying how the Platform should be used;
“Extension Charge” means the fee payable by the Customer to the Provider for the Services during the Extension Term, calculated pursuant to sub-clause 3.1 of the Terms and Conditions;
“Extension Term” means the period referred to in sub-clause 2.5 of the Terms and Conditions;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected including without prejudice to the foregoing generality failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars;
“Initial Charge” means the fee payable by the Customer to the Provider for the Services during the Initial Term calculated pursuant to sub-clause 3.1 of the Terms and Conditions;
“Initial Term” means the period referred to in sub-clause 2.2 of the Terms and Conditions;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights including all copyrights and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs;
“Order Confirmation” means the document sent by the Provider to the Customer by email accepting the Customer’s online order for the Services and specifying the identity of the Customer, the Initial Term and the Initial Charge;
“Personal Data” has the meaning given to it in the Data Protection Act 1998;
“Platform” means the software platform known as Soft Skills Pro that is owned and operated by the Provider and currently provided for at the uniform resource locator improvedemployees.com;
“Provider” means Matiogi Limited, a company incorporated under the Companies Acts (Registered Number 04093204) and having its registered office at Ascot Drummond Devonshire House, Manor Way, Boreham Wood, Hertfordshire, WD6 1QQ;
“Reports” means any reports produced by the Provider to the Customer in respect of any User;
“Schedule” means the schedule annexed to the Terms and Conditions;
(a) the online profiling system and other services made available by the Provider to the Customer via the Platform and further described in the Schedule; and
(b) and any changes made to the Services in accordance with sub-clause 5.2 of the Terms and Conditions;
“Subsequent Order Confirmation” means the document sent by the Provider to the Customer by email accepting the Customer’s online order for the Services and specifying the identity of the Customer, the Extension Term and the Extension Charge;
“Term” means the Initial Term or any Extension Term;
“Terms and Conditions” means these terms and conditions;
“Upgrade” means new versions of, and updates to, the Platform, whether for the purpose of fixing an error, bug or other issue in the Platform or making any amendments to the functionality of the Platform and the Services;
“Users” means the employees of the Customer and:
(a) where the Customer is a company, the Customer’s officers;
(b) where the Customer is a partnership, the Customer’s partners; and
(c) where the Customer is a limited liability partnership, the Customer’s members,
and “User” shall be construed accordingly.
“Website” means the website of Matiogi Limited at uniform resource locator improvedemployees.com;
1.2 In the Terms and Conditions, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of the Terms and Conditions.
1.4 The ejusdem generis rule is not intended to be used in the interpretation of the Terms and Conditions.
2. Agreement and Term
2.1 The advertising of the Platform and the Services on the Website constitutes an “invitation to treat”; and the Customer’s order for the Services constitutes a contractual offer. No contract will come into force between the Provider and the Customer unless and until the Provider accepts the Customer’s order in accordance with the procedure detailed in sub-clause 2.2 of the Terms and Conditions.
2.2 In order to enter into the Contract, the Customer must take the following steps:-
(a) the Customer must complete the online booking form on the Website entering its name, postal address, email address, the number of years of use of the Services it wishes to purchase (the “Initial Term”) and other details as requested in the online booking form;
(b) the Customer must choose a password which will be used along with its email address as its Administrator Account for the Platform;
(c) the Customer must confirm the order and consent to the Terms and Conditions;
(d) the Customer shall submit its payment of the Initial Charges by credit or debit card, or if agreed with the Provider through an invoice and cheque or bank transfer.
(e) after payment has been submitted, the Provider will send to the Customer an initial acknowledgement by email; and
(f) once the Provider has satisfied itself in respect of the identity, credit-worthiness and bona-fides of the Customer, the Provider will either send to the Customer by email the Order Confirmation at which point the Contract will come into force (“Completion”) or the Provider will confirm to the Customer that the Provider does not accept the Customer’s offer (in which case the Customer will be refunded the full amount paid to the Provider).
2.3 Before the Customer has placed its order, the Customer will have the opportunity of identifying whether any input errors have been made by reviewing the details prior to order completion. The Customer may correct any input errors before placing its order by amending the details using the online booking form provided.
2.4 The Contract will continue in force from Completion until the expiry of the Initial Term unless terminated earlier in accordance with Clause 13.
2.5 The Customer has the option to extend the Contract by purchasing further periods of use of the Services (said periods of use being in calendar years only) (the “Extension Term”). In order to do so, the Customer must take the following steps:-
(a) the Customer shall enter its chosen Extension Term in the online form;
(b) the Customer must confirm the order;
(c) the Customer shall submit its payment of the Extension Charge by credit or debit card; and
(d) after payment has been submitted by the Customer, the Provider will send to the Customer by email a Subsequent Order Confirmation.
2.6 In the event that the Customer extends the Contract under sub-clause 2.5 of the Terms and Conditions, the Contract will continue in force until expiry of the Extension Term unless terminated earlier in accordance with Clause 13.
2.7 The Provider may, entirely at its own discretion, agree to an extension of the Contract in terms of sub-clause 2.5 without the Customer requiring to pay any Extension Charge up front pursuant to sub-clause 2.5(c) of the Terms and Conditions. In the event that the Provider and the Customer agree to such an extension of the Contract, the Provider will send to the Customer a Subsequent Order Confirmation and separately, an invoice for payment of the Extension Charge.
3. The Price
3.1 The sum payable by the Customer to the Provider for use of the Services shall be £30 exclusive of VAT per month. Discounts for various reasons may be available from time to time.
3.2 If the Customer does not pay any amount properly due to the Provider under or in connection with the Contract, the Provider may:-
(a) charge the Customer interest on the overdue amount at the rate of 10% per annum above the base rate from time to time of HSBC Bank plc; and
(b) claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
4. The Licence
4.1 The Platform will automatically generate an account for the Customer promptly following Completion, enabling the Customer to use the Services.
4.2 Subject to the limitations set out in sub-clause 4.3 of the Terms and Conditions and the prohibitions set out in sub-clause 4.4 of the Terms and Conditions, the Provider grants to the Customer at Completion a non-exclusive, non-transferable licence to:-
(a) use the Services;
(b) upload or store Customer Materials to the Platform or process or transmit Customer Materials via the Platform;
(c) view, download, print and reproduce Data (including any Report) from the Platform, all in accordance with the Documentation during the Term; and
(d) make the Services available to Users.
4.3 The licence granted by the Provider to the Customer under clause 4.2 is subject to the following limitations:
(a) the Services may only be used by the Customer and Users;
(b) the Customer must comply, and must ensure that all Users comply, at all times with the Terms and Conditions;
(c) the Customer warrants to the Provider that any User has consented to the uploading to the Platform of Customer Materials relevant to that User and the use of said Customer Materials in any Report; and
(d) the Customer must not share the Administrator Account details with Users or any other party whatsoever.
4.4 Except to the extent mandated by applicable law or expressly permitted in the Terms and Conditions, the licence granted by the Provider to the Customer under sub-clause 4.2 of the Terms and Conditions is subject to the following prohibitions:
(a) the Customer must not redistribute, encumber, sell, rent, lease, sub-license or otherwise transfer its right to use the Services or allow any unauthorised person to use the Services;
(b) the Customer shall use all reasonable endeavours to ensure that no unauthorised person will or could access the Platform and use the Services using the Administrator Account;
(c) the Customer must not use the Services in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform, or any of the areas of, or services on, the Platform;
(d) the Customer must not use the Services:
(i) in any way that is unlawful, illegal, fraudulent or harmful; or
(ii) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(e) the Customer must not frame or otherwise re-publish or re-distribute the Platform or Services;
(f) the Customer must not alter or adapt or edit the Platform save as expressly permitted by the Documentation;
(g) the Customer must not replicate or attempt to replicate the Platform;
(h) the Customer shall ensure that its equipment and/ or software do not corrupt the Platform; and
(i) the Customer shall notify the Provider as soon as the Customer experiences any problems in accessing the Platform or using the Services or becomes aware of any actual, threatened or suspected unauthorised access of the Platform or use of the Services; and
(j) the Customer shall not decompile, disassemble, reverse engineer or otherwise attempt to discern the source code of the Platform.
4.5 For the avoidance of doubt, the Customer has no right to access the object code or source code of the Platform, either during or after the Term.
4.6 All Intellectual Property Rights in the Platform and Services, including any changes made to the Platform in accordance with sub-clause 5.2 of the Terms and Conditions belong and shall belong to the Provider and the Customer must not encumber, sell, rent, lease, sub-license or otherwise transfer its right to use the Services.
4.7 All Intellectual Property Rights in any Report belong and shall belong to the Provider notwithstanding that any Customer Materials are included in any Report and the Customer must not encumber, sell, rent, lease, sub-license or otherwise transfer its right to use any Report.
5. Support Services and Upgrades
5.1 So far as reasonably practicable, the Provider will provide training and support to the Customer in using the Service.
5.2 The Provider may apply Upgrades to the Platform as and when the Provider considers appropriate and the Provider shall be entitled to apply Upgrades without the consent of the Customer.
5.3 The Customer acknowledges that from time to time during the Term the Provider may apply Upgrades to the Platform pursuant to sub-clause 5.2 of the Terms and Conditions, and that such Upgrades may result in changes of the appearance and/or functionality of the Platform and Services.
5.4 The Provider will:-
(a) make back-ups of the Customer Materials stored on the Platform on a daily basis, and will retain such back-ups for at least 14 days; and
(b) at least once every 31 days, the Provider will arrange for the off-site storage of a current back-up of the Customer Materials stored on the Platform (which will be over-written on the following off-site back-up date).
6. Customer Materials
6.1 The Customer grants to the Provider a non-exclusive licence to store, copy and otherwise use the Customer Materials on the Platform for the purposes of operating the Platform, providing the Services, fulfilling its other obligations under the Contract, and exercising its rights under the Contract.
6.2 Subject to sub-clauses 6.1 and 4.7, all Intellectual Property Rights in the Customer Materials will remain the property of the Customer.
6.3 The Customer warrants and represents to the Provider that the Customer Materials, and their use by the Provider in accordance with the terms of the Agreement, will not:
(a) breach any laws, statutes, regulations or legally-binding codes;
(b) infringe any User or other person’s Intellectual Property Rights or other legal rights; or
(c) give rise to any cause of action against the Provider, the Customer, any User or any third party,
in each case in any jurisdiction and under any applicable law.
6.4 Where the Provider reasonably suspects that there has been a breach by the Customer of the provisions of this Clause 6, the Provider may:
(a) delete or amend the relevant Customer Materials; and/or
(b) suspend any or all of the Services and/or the Customer’s access to the Platform while it investigates the matter.
6.5 Any breach by the Customer of this Clause 6 will be deemed to be a material breach of the Contract for the purposes of Clause 13.
7.1 Except as specifically provided in these Terms and Conditions, the Services are provided “as they are” without warranty of any kind, express or implied, including without prejudice to the foregoing generality warranties of performance, fitness for a particular purpose, accuracy, omissions, completeness, currentness and delays.
7.2 The Provider does not make any warranty that the Services will be uninterrupted, secure, complete or error free.
7.3 The Customer acknowledges that:
(a) complex software is never wholly free from defects, errors and bugs, and the Provider gives no warranty or representation that the Platform will be wholly free from such defects, errors and bugs;
(b) the provision of the Services entails the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of Customer Material;
(c) the Provider does not warrant or represent that the Platform will be compatible with any application, program or software not specifically identified as compatible in the Schedule;
(d) the Provider will not and does not purport to provide any legal, taxation or accountancy advice under the Contract or in relation to the Platform or the Services and (except to the extent expressly provided otherwise) the Provider does not warrant or represent that the Platform of the Services will not give rise to any civil or criminal legal liability on the part of the Customer or any other person; and
(e) the Provider will not be liable in respect of any loss or corruption of any Customer Material, other Data, database or software belonging the Customer or any User.
7.4 The Provider shall not be liable to the Customer in contract or delict or otherwise for any loss incurred by the Customer or any User of whatsoever kind howsoever arising including, without prejudice to the foregoing generality, economic loss (including, without limitation, any loss of revenue, business, contracts anticipated savings or profits, loss of goodwill, reputation or data) or for any special, indirect, exemplary, incidental or consequential damages whatsoever, (including negligence) suffered in connection with the Services, even if advised of the possibility thereof.
7.5 In no event shall the Provider be liable to the Customer for any claim(s) relating in any way to:-
(a) the Customer’s inability or failure to use the Services properly or completely, even if assisted by the Provider; or
(b) the inputting of Customer Material to the Services and the downloading.
7.6 The Provider will have no liability whatsoever (including consequential loss) for any liability of the Customer to any User or any third party which might arise.
7.7 All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in the Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract.
8.1 In the event that the Customer intimates to the Provider that a third party wishes to purchase the use of the Services from the Provider, and shortly thereafter said third party enters into a contract with the Provider for the use of the Services, the Provider shall pay to the Customer twenty percent of the price paid by said third party to the Provider for the Services from time to time.
9.1 The Customer shall accept sole responsibility for and the Provider shall not be liable for the use of the Services by the Customer and any User and the Customer will indemnify and will keep indemnified the Provider against all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of any disputes) suffered or incurred by the Provider against any third party (including any User) claims, costs, damages, loss and liabilities arising out of any such use of the Services by the Customer.
10. Limitations and exclusions of liability
10.1 Nothing in the Terms and Conditions shall not operate to exclude or restrict liability for fraud, death or personal injuries resulting from the negligence of the Provider to the extent that the law prohibits the limitation of damages in such cases.
11. Data protection
11.1 The Customer warrants that it has the legal right to disclose all Customer Material and Personal Data that it does in fact disclose to the Provider under or in connection with the Customer.
11.2 The Provider confirms that:
(a) it will act only on instructions from the Customer in relation to the processing of any Personal Data performed by the Provider on behalf of the Customer; and
(b) it has in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of Personal Data and against loss or corruption of Personal Data processed by the Provider on behalf of the Customer.
12.1 The Provider will:
(a) keep confidential and not disclose the Customer Confidential Information to any person save as expressly permitted by this Clause 12;
(b) protect the Customer Confidential Information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care; and
12.2 Customer Confidential Information may be disclosed by the Provider to its officers, employees, agents, insurers and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Customer Confidential Information disclosed.
12.3 The obligations set out in this Clause 12 shall not apply to:
(a) Customer Confidential Information that is publicly known (other than through a breach of an obligation of confidence);
(b) Customer Confidential Information that is in possession of the Provider prior to disclosure by the Customer;
(c) Customer Confidential Information that is received by the Provider from an independent third party who has a right to disclose the relevant Confidential Information; or
(d) Customer Confidential Information that is required to be disclosed by law, or by a governmental authority, stock exchange or regulatory body.
13.1 Either party may terminate the Contract immediately by giving written notice to the other party if the other party:
(a) commits any material breach of any term of the Contract, and:
(i) the breach is not remediable; or
(ii) the breach is remediable, but the other party fails to remedy the breach within 14 days of receipt of a written notice requiring it to do so; or
(b) persistently breaches the terms of the Contract (irrespective of whether such breaches collectively constitute a material breach).
13.2 Either party may terminate the Contract immediately by giving written notice to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract); or
(d) (where that other party is an individual) that other party dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.
13.3 Either party may terminate the Contract by giving at least 30 days’ written notice of termination to the other party, expiring at any time after the end of the Term.
13.4 The Provider may terminate the Contract immediately by giving written notice of termination to the Customer where the Customer fails to pay to the Provider any amount due to be paid under the Contract by the due date.
14. Effects of termination
14.1 Upon termination of the Contract, all the provisions of the Contract will cease to have effect, save that the following provisions of the Terms and Conditions will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 3.2, 9, 10, 12, 14 and 17.
14.2 Termination of the Contract will not affect either party’s accrued liabilities and rights as at the date of termination.
14.3 Subject to Clause 14.4, within 180 days following the termination of the Contract, the Provider will irrevocably delete from the Platform all Customer Confidential Information.
14.4 The Provider may retain any document (including any electronic document) containing the Customer Confidential Information after the termination of the Contract if:
(a) the Provider is obliged to retain such document by any law or regulation or other rule enforceable against the Provider; or
(b) the document in question is a letter, fax, email, order confirmation, invoice, receipt or similar document addressed to the Provider.
15.1 Any notice given under the Terms and Conditions must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered personally, sent by post, or sent by email, for the attention of the relevant person, and to the relevant address or fax number or email address given below (or as notified by one party to the other in accordance with this Clause).
The addressee, address, email specified in the Order Confirmation.
15.2 A notice will be deemed to have been received at the relevant time set out below (or where such time is not within Business Hours, when Business Hours next begin after the relevant time set out below):
(a) where the notice is delivered personally, at the time of delivery;
(b) where the notice is sent by post, 48 hours after posting; and
(c) where the notice is sent by email, at the time of the transmission (providing the sending party retains written evidence of the transmission).
16. Force Majeure Event
16.1 Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the Contract (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
16.2 A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Contract, will:
(a) forthwith notify the other; and
(b) will inform the other of the period for which it is estimated that such failure or delay will continue.
16.3 The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
17.1 No breach of any provision of the Terms and Conditions will be waived except with the express written consent of the party not in breach.
17.2 If a Clause of the Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Terms and Conditions will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
17.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.
17.4 Each party hereby agrees that the other party may freely assign any or all of its contractual rights and/or obligations under the Contract to any Affiliate of the assigning party or any successor to all or a substantial part of the business of the assigning party from time to time. Save as expressly provided in this Clause or elsewhere in the Terms and Conditions, neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise dispose of or deal in the Contract or any contractual rights or obligations under the Contract.
17.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
17.6 Subject to Clause 10.1:
(a) the Terms and Conditions (including the Schedule) and the Order Confirmation constitute the entire agreement between the parties in relation to the subject matter of the Contract, and supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter; and
(b) neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into the Contract.
17.7 The Contract will be governed by and construed in accordance with the laws of Scotland; and the courts of Scotland will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
Part 1: The Services
One Administrator Account for Soft Skills Pro at improvedemployees.com and the freedom to use Soft Skills profiling for an unlimited number of employees and candidates for the duration of the Term.
Support is available for the Administrator of the Account for the duration of the Term through either [email protected] or +44 (0) 131 208 1118.
The services are accessible through any modern web browser 24 hours per day, 7 days per week, 365 days per year not withstanding bugs, errors, scheduled maintenance or other unforeseen issues.
Your data is your own and you may request an export of your data at any time. This feature will be available from within the Soft Skills service in the future but until that time, please email [email protected] with any export request. Until this feature has been automated, please allow 2 business days for turnaround of any export request.
We will never sell your data to any third party although we reserve the right to build statistics from the data for use in improving our own services and products.