Terms of Service
Last revised on 24th May, 2018. Version # 1.0
Agility Scales BV
3013 AK Rotterdam
Agility Scales BV (“Agility Scales”) operates the Mind Settlers platform (“Mind Settlers”). Please use it responsibly. If you don’t use it responsibly, we reserve the right to terminate your subscription.
For paid subscriptions, you’ll be charged in regular intervals, e.g. on a monthly or yearly basis. You can cancel anytime, but there are no refunds.
If you author content in Mind Settlers then it is in most cases licensed under Creative Commons Attribution. You allow the Mind Settlers platform to use and publish your content.
The Terms of Service, the Mind Settlers Service, and our prices can change at any time. We’ll inform you 30 days in advance of any price changes. We’ll try to provide early notice of major changes to the Terms of Service or the Mind Settlers Service, but we make no guarantees.
That’s the basic idea, but you must read through the entire Terms of Service below and agree with all the details before you use any of our sites and apps.
Your Agreement with Agility Scales BV
Your use of the Mind Settlers Platform is governed by this agreement (the “Terms”). The “Platform” or “Services” means the services Mind Settlers makes available including our websites (http://mindsettlers.com/, https://www.agilityscales.com), our app (“Mind Settlers app”), our blogs, instant messaging platform (e.g. Slack), mailing lists and social media channels and services offered by Mind Settlers in connection to any of those.
In order to use the Service, You (the “Customer”, “you”, or “your”) must first agree to the Terms. You understand and agree that Mind Settlers will treat your use of the Service as acceptance of the Terms from that point onwards.
Mind Settlers may make changes to the Terms from time to time. You may reject the changes by terminating your subscription. You understand and agree that if you use the Service after the date on which the Terms have changed, Mind Settlers will treat your use as acceptance of the updated Terms.
You may not use the Service if you are a person barred from receiving the Service under the laws of the Netherlands or other countries, including the country in which you are resident or from which you use the Service.
If you have any question about the Terms, please contact us: firstname.lastname@example.org
Use of the Service
- You must provide accurate and complete registration information when you register to use the Service.
- You are responsible for the security of your passwords and for any use of your user account.
- Your use of the Service must comply with all applicable laws, regulations and ordinances.
- You agree to not engage in any activity that interferes with or disrupts the Service.
- Agility Scales BV reserves the right to enforce quotas and usage limits at its sole discretion, with or without notice, which may result in Agility Scales BV disabling or throttling your usage of the Service for any amount of time.
- Shared user accounts are not permitted.
- Please be honest, genuine and respectful of others with your contributions.
- Feel free to have fun.
Service Policies and Privacy
Fees for Use of the Service
- The Service may initially be provided to you without charge up to a certain limit or for a certain “trial” period of time.
- After the initial trial period our services are available through a paid subscription.
- If you buy a paid subscription for the Mind Settlers Service, you agree to pay the applicable fees and taxes though the agreed payment method (e.g. credit card, Google Play billing, etc.). Failure to pay these fees will result in the termination of your paid subscription and hence in the withdrawal of your access to the Mind Settler Service.
- You may have to pay taxes (especially VAT) related to the Mind Settlers Service based on the information that you provide at the time of your subscription to the Service.
- Your payment may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- If you buy a subscription, your chosen payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you have to cancel before the renewal date.
- Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open subscription.
- You acknowledge and agree that any billing and payment information that you provide to Agility Scales BV (e.g. credit card information) may be shared with companies who work on Agility Scales BV’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Agility Scales BV and servicing your subscription.
- Agility Scales BV may change its fees and payment policies for the Service by notifying you at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Cancellation and Termination
- You may cancel your subscription via email to: email@example.com or if you are paying through Google Play, you can cancel through the Google Play store.
- You will not receive any refunds if you cancel your subscription.
- If you cancel the Service, your cancellation will take effect within 2 business days and all future payments stopped. If you cancel before the end of your current paid subscription period, you will retain access to the Mind Settlers service until the end of this period.
- All information and content which you share as a user of the Mind Settlers Service will be deleted or anonymized from the Service upon cancellation, within a reasonable amount of time to be determined solely by Agility Scales BV.
- You agree that Agility Scales BV, in its sole discretion and for any or no reason, may terminate or suspend your subscription. You agree that any termination of your access to the Service may be without prior notice, and you agree that Agility Scales BV will not be liable to you or any third party for such termination.
Modification of the Service
- You acknowledge and agree that the Service may change from time to time without prior notice to You.
- The Mind Settler Services is still in the Beta development stage and under development and therefore very likely be extended and to change.
- Changes include, without limitation, changes to fees and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
- Agility Scales BV shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Notices and Messages
You agree that we will provide notices and messages to you in the following ways:
(1) within the Service, or
(2) sent by email to the contact information you provided.
Sharing and right to your content and information
- The Mind Settlers Service allows sharing of information and messaging in various ways, such as reviews of platform content, your Marks, your profile, community posts (e.g. in Slack), authoring Practices, etc. Information and content that you share or post may be seen by other participants in the Mind Settlers platform.
- For some content types, you can choose to make your content private and only accessible by you, subject to such functionality being provided by the Mind Settlers platform.
Links to Other Websites
The Service may contain links to other websites (“Third Party Sites”). You acknowledge and agree that Agility Scales BV is not responsible for the availability of any such Third Party Sites. Agility Scales BV does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site or App, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Agility Scales BV bears no responsibility for any action associated with any Third Party Site.
License from Agility Scales BV and Restrictions
The Mind Settlers Services, including without limitation, interface, functionality and design, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content is owned and/or controlled by Agility Scales BV, or other licensors or Service users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties.
Subject to and conditional upon your compliance with these Terms of Service, we grant to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Agility Scales BV as part of the Mind Settlers Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Agility Scales BV, in the manner permitted by the Terms.
You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other users’ use or enjoyment of the Service.
You may not attempt to gain unauthorized access to any of the Service, member accounts, or computer systems or networks, through hacking, password mining or any other means.
Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
- remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Service or in any content or other material obtained via the Service;
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
- reformat or frame any portion of the web pages that are part of the Service;
- use the Service for commercial purposes not permitted under these Terms;
- create users by automated means or under false or fraudulent pretenses;
- attempt to defeat any security or verification measure relating to the Service;
- provide or use tracking or monitoring functionality in connection with the Service, including, without limitation, to identify other users’ actions or activities;
- impersonate or attempt to impersonate Agility Scales BV or any employee, contractor or associate of Agility Scales BV, or any other person or entity; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Our Copyright Dispute Policy
Agility Scales BV respects the intellectual property of others and requires that our users do the same. It is our policy to terminate the membership of repeat infringers. If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Mind Settlers Service (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Our Designated Copyright Agent for notification of claimed infringement can be reached by email at: firstname.lastname@example.org or at the following postal address:
Agility Scales BV
3013 AK Rotterdam
Disclaimer of Warranties
IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AGILITY SCALES BV MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. AGILITY SCALES BV DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL AGILITY SCALES BV, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED EUROS (€100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to hold harmless and indemnify Agility Scales BV, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or Data that you have generated by using the Service including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Agility Scales BV will provide you with written notice of such claim, suit or action.
Choice of Law and Dispute Resolution
The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Netherlands, Rotterdam, as applied to contracts made and performed entirely within Rotterdam, without giving effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the Terms of Service or the Service shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the Netherlands, Rotterdam. Any and all disputes that you may have with Agility Scales BV shall be resolved individually, without resort to any form of class action.
General Legal Terms
The Terms constitute the whole legal agreement between you and Agility Scales BV and govern your use of the Service and completely replace any prior agreements between you and Agility Scales BV in relation to the Service.
If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of Agility Scales BV to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree that if Agility Scales BV does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Agility Scales BV has the benefit of under any applicable law), this will not be taken to be a formal waiver of Agility Scales BV’s rights and that those rights or remedies will still be available to Agility Scales BV.
Agility Scales BV shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
Reuse of this Document
This document is an adaptation of the CodeClimate, which is an adaption of the Heroku Terms of Service, which is in turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither Heroku, Inc. nor Google, Inc. is connected with and they do not sponsor or endorse Mind Settlers or its use of the work.
You’re welcome to adapt and use this document for your own needs. If you make an improvement, we’d appreciate it if you would let us know so we can consider improving our own document.
- Version 1.0, 2018-05-24