This is the agreement between MilkyWay d-sign Factory BV, trading under the name Contextmapp (hereafter ”us” or ”we”) registered at the Dutch chamber of commerce under number 69511985, and you, the user of our service. This agreement is effective of as Januari 1, 2019. Your continued use of our service after Januari 1, 2019 means that you accept this user agreement, (hereafter ”Agreement”).
Last edit: March 1, 2019
We are Contextmapp, creator of research, discussion and innovation software for both mobile phones (”Apps”) and websites (”Sites”), collectively called ”Our service”. Let’s start to thank you for your interest in our service! We’re proud of it and like the fact that you have taken time to look into it and started using it. You as a user of our service (”Participant”), signify by using or accessing our service that you have read, understood and agree to be bound by the terms of this agreement. Although we were really thorough while creating this agreement, from time to time we might make adjustments to this agreement, without you receiving any prior notice about it, so please check back every once in a while, especially when you enroll in a new project.
You and Contextmapp
At Contextmapp our goal is to help organisations understand their users better and come up with smarter solutions. As a user, you are invited to join projects (”Project”), which consists of one or more assignments in our apps and/or one or more topics in the group discussion. Projects are issued by a client of Contextmapp (”Client”) or in some cases by ourselves, which will then turn our role into the Client role. Projects can also be issues by a third party, in which case the Client is working for a (paying) customer (“Client’s Customer”). You are not required to participate in any project. However, as soon as you participate in a project in any way, you accept this Project, the terms of this agreement, as well as any other terms particular to this project as stated by either us or the client, form the binding contract between you and us.
You agree to do the best you can
While being involved in a project, you agree that you act in good faith, your answers are truthful and you engage in fair dealing with the Project, the Client and other Participants. You understand and agree that part of the reputation and results of Our service depend on your performance. You agree that we have the rights to take all actions we desire to be necessary to run a good project, which might include, and is not limited to, suspension or termination as a Participant, moderating answers, or any other action we deem necessary to protect our brand name or reputation.
Taxes and reporting
In case a (financial) incentive is provided to participate in a project, it is, when applicable, your sole responsibility to report it to the right authority, pay any taxes and any other legal requirements under applicable law.
You are a participant
You enter this agreement as a participant and user of Our service. By no means an employee – employer, joint-venture, partnership, franchise or agency is created by this agreement. Your relationship to us is as an independent contractor and specifically not of an employee. Participating in a project does not involve any fee or other cost. To you use Our service, you must be an individual who is 13 years or older.
We do not control clients
When you are involved in a Project for a client, we are not. This means we have no control over, and can therefore not guarantee, the content, quality, safety or legality of Client’s projects. If any incentives are offered by the client, we have no control over this Client actually completing this transaction. If any problems arise with a client and you are not able to solve them with the client, we kindly ask you to contact us.
You agree to behave
You agree you will not copy, modify, reproduce, distribute, store or publicly display any content from our Service, any software code that is part of our Service, or any part of the services, without our prior written approval. You also agree, you will not collect or try to collect any personally identifiable information from the Service. You are responsible for the content you upload, publish or display on our Service. You agree not to post any content that might be unlawful, harmful, abusive, racially, you don’t have the rights for, or ethnically offensive or in some other form unwanted. We are not responsible for any public display or misuse of your Participant content.
You’re the owner and you license the Client
You retain all your ownership rights in your Participant content. By posting any Participant Content on Our service, you expressly grant the Client a royalty-free, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, display, and make derivative works of all your Participant Content and your name, as displayed on your Profile, for all the Client’s and the Client’s Customer internal use, including analysis, presentation and ideation purposes. For the use of your Participant content outside of the Client’s or Client’s Customer organisation, including advertising, presentations, publications, distribution, etc, the Client or the Client’s Customer has to explicitly ask you for permission.
Resolution of disputes
In the case a dispute arises between us, our goal is to resolve such a dispute quickly and cost effectively and you agree that you will first contact us directly to solve the dispute.
Warranty & liability
We can not warrant that our software or services will be error-free, function uninterrupted or that our software will meet your requirements. The entire risk as to the quality and performance of the licensed software is with you. We can’t be liable to you or any third-party for damages, including, without limitation, loss of profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
This agreement is governed in all respects by Dutch law, without giving effect to any principle that may provide for the application of another jurisdiction. You agree that any claim or dispute you may have against us must be resolved by a court located in Amsterdam, the Netherlands.