Terms of Service
This Terms of Service (“Terms”, “Terms of Service”) forms a binding “Contract” between you an Authorized User (defined below) and Accept Mission. “We”, “our”, “us” and “Accept Mission” refer to the Dutch corporation Accept Mission.
By accessing Accept Mission’s online collaborative sticky note and whiteboard software, website at https://acceptmission.com/ and associated mobile and desktop applications (the “Service(s)”), you are agreeing to be bound by this Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
These Terms apply to all Authorized Users, visitors, users, and others who access or use the Service. If you do not agree with any of these terms, you are prohibited from using or accessing the Service.
1. About the Customer
A project or instance of the Services in Accept Mission is a (“Mission”). For Missions on a personal/free account plan (“Personal Missions”), the creator of the Mission is the Customer and controls that Mission and any associated Customer Data in that Mission.
For Missions on a paid subscription plan (“Team Missions”), the organization (e.g., your employer or another entity or person) that entered the Customer Agreement is the Customer and controls all Missions and any associated Customer Data.
For more information on the relationship between Accept Mission and the Customer, please refer to the Customer Agreement.
Authorized Users submit text, ideas, comments, votes, images, sketches, videos, documents, links and other content to Missions while using the Service (“Customer Data”).
The Customer owns all rights to Customer Data in a Mission. When you submit Customer Data to a Mission, you acknowledge and agree that Customer Data is owned by the Customer and the Customer controls what happens to it including modification, deletion, disclosure, or even removing your access to that Customer Data.
You understand and agree that Accept Mission doesn’t control the Customer Data and that it’s the Customer’s responsibility to:
- Inform you and any Authorized Users of any relevant Customer policies that may impact the processing of Customer Data.
- Obtain any rights, permissions or consents from you and any Authorized Users that are necessary for the lawful use, transfer and processing of Customer Data.
- Respond to and resolve any dispute with you and any Authorized User relating to or based on Customer Data.
These Terms of Service remain effective unless your access to the Services has been terminated by you, the Customer, or Accept Mission. Please contact the Customer if you at any time, or for any reason, wish to terminate your account, including due to a disagreement with any updates to the Terms of Service.
Subject to this Terms of Service, Accept Mission grants the Authorized User a non-transferable, non-exclusive license to access and use the Services. Nothing in this Agreement grants the Authorized User any interest in the Services except as stated in this Agreement, and the Services are, and shall remain, the property of Accept Mission.
The Authorized User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party, except for employees of Customer’s affiliates for which the Customer may grant Authorized User status; attempt to scan or probe nor attempt to hack, defeat or compromise any security measures of Services or any systems or networks operated by the Company or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to the Customer for use on the Customer, or Customer’s affiliate’s, premises or devices, the Company hereby grants the Customer a non-exclusive, non-transferable, except to its affiliates, non-sublicensable license to use such Software during the Term only in connection with the Services.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Accept Mission at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Any use of or access to the Service by anyone under the age of 13 or the minimum legal age in your country is prohibited.
3. Account Security
You are the sole Authorized User of your account. Accept Mission requires each user to have their own unique username and users may not share accounts. You shall use commercially reasonable means to maintain the confidentiality of your password and login credentials, and for all activities that transpire on the Services with your account. It is your responsibility to notify Accept Mission immediately if you notice any unauthorized access or use of your account or password or any other break of security. Accept Mission shall not be held liable for any loss and/or damage arising from any failure to comply with the terms and/or conditions of this Terms of Service.
As an Authorized User, you acknowledge, understand, and agree that the accuracy, integrity and quality of all Customer Data is the sole responsibility of the Authorized User who submitted, imported, or otherwise contributed it. In short, this means that you are responsible for all Customer Data you add to the Services and as such we cannot guarantee the accuracy, integrity, or quality of such Customer Data.
The Authorized User represents, covenants, and warrants that they will use the Service(s) only in compliance with Accept Mission’s standard published policies then in effect and all applicable laws and regulations.
The Authorized User hereby agrees to indemnify and hold harmless Accept Mission against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Authorized User’s use of Services. Although the Company has no obligation to monitor the Authorized User’s use of the Services, the Company may do so and may prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
- Comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies.
- Promptly notify us if you become aware of, or reasonably suspect, any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, account, or Customer Data.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Customer Data, or (ii) secured from your employer a waiver as to all rights in or to the Customer Data.
Types of Customer Data Not Permitted
- Customer data deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful and/or racially, ethnically, or otherwise objectionable.
- Customer Data that may infringe upon any patent, copyright, trademark, or any other proprietary, or intellectual property rights of another party.
- Customer Data that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.
- Customer Data offering any unsolicited or unauthorized advertising, promotion, “junk mail”, “spam” or any other form of solicitation.
- Customer Data that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content.
You are prohibited from using the Services for the purpose of:
- Causing harm to minors in any manner whatsoever.
- Impersonating an individual or entity, including, but not limited to, any Accept Mission officials or falsely stating or otherwise misrepresenting any affiliation with an individual or entity.
- Disrupting the normal flow of communications, or otherwise acting in any manner that would negatively affect other users’ ability to access the Service.
- Intentionally, or unintentionally, violating any local, state, federal, national, or international law.
- “Stalking” or other with the intent to otherwise harass another individual.
- Collecting or storing any Personal Information including email addresses relating to any other member or user in connection with the prohibited conduct and/or activities set forth above.
- Building a similar or competitive product or service or to copy any ideas, features, functions, or graphics of the Services.
- Accessing a Mission if you are not the intended recipient of the Customer’s invitation to the Mission and Services.
- Creating an account or username using the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- Creating accounts in bulk by any means other than our publically supported interfaces.
- Attempting to gain unauthorized access to the Services or related systems or networks.
- Sending unsolicited communications, promotions or advertisements, or spam.
- Using information, including email addresses, to contact Authorized Users outside of the Services without their express permission.
- Authorizing, permitting, enabling, inducing, or encouraging any third-party to breech any of the above Conduct statements.
6. Limitation of Liability
In no event shall Accept Mission, or its suppliers, be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Services, even if Accept Mission or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Disclaimer And Non-Waiver of Rights
Accept Mission makes no guarantees, representations or warranties of any kind as regards to the Services and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of The Netherlands.
Accept Mission its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms of Service and Accept Mission chooses not to immediately act, or chooses not to act at all, Accept Mission will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Accept Mission does not waive any of its rights. Accept Mission shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
The Terms of Service will be enforced to the fullest extent permitted under applicable law. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
You may not assign any of your rights or delegate your obligations under the Terms of Service whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Terms of Service in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
10. Accuracy of Materials
The materials appearing on the Services could include technical, typographical, or photographic errors. Accept Mission does not warrant that any of the materials on the Services are accurate, complete or current. Accept Mission may make changes to the materials contained on its Services at any time without notice.
11. User Feedback
The only way we can make Accept Mission better is with feedback from our amazing users. If an Authorized User sends us ideas or suggestions on how to improve our Services, they grant us an unlimited, irrevocable, perpetual, sub-licensable, transferable, royalty-free license to use any ideas or suggestions for any purpose without any obligation or compensation to the Authorized User or the Customer.
Accept Mission has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Accept Mission of the site. Use of any such linked website is at the user’s own risk.
13. Copyright Infringement and DMCA Policy
As Accept Mission asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Accept Mission violates your copyright, you are encouraged to notify us. Accept Mission will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
14. Changes to the Terms
Accept Mission reserves the right, at its sole discretion, to modify or replace any part of this Terms of Service. It is your responsibility to check the Terms of Service periodically for changes. Any changes to the Terms of Service become effective on the date we publish the change. Use of the Services after the effective date of any changes to the Terms of Service constitutes your acceptance of the revised Terms of Service.
15. Governing Law
The Terms of Service and any disputes arising out of or related hereto, will be governed exclusively to the laws of The Netherlands or by the same applicable governing law of the Contract (“Governing Venue”) and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
The courts located in the Governing Venue will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Terms of Service, or its formation, interpretation or enforcement. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
16. Entire Agreement
Contacting Accept Mission
Van nelleweg 1,
3044 BC, Rotterdam