Publication date: August 1st 2023
The NEATROVERSE is a community where Users can publicly share retrospective templates, team radar templates, or any format of team meeting activity relating to or performed using NEATRO services.
We may amend these Terms from time to time, as set out in Section 2 (Amendments to Terms).
"Community" : any community function or sharing space made available to the User by NEATRO.
"Content" : any text, information, data, graphics, message, sound, video, content, code, script, software or other material.
"User Content" : Content that a User submits to NEATRO for the Community, including models, images, text, testimonials, feedback, comments, suggestions, requests, questions or other inquiries regarding NEATRO's service, including the Model Description and the Retrospective Model.
“Model Description” : text you provide to NEATRO to give an overview of the theme, functions and use of your retrospective.
“Retrospective Model” : tool created by the User on the Platform to structure positive and negative feedback and then plan improvements once a project or sprint has been completed.
"NEATRO Services" : NEATRO's online collaboration space and tools on app.neatro.io, including retrospective tools.
Using the Community
You must create a User account in order to submit User Content to the Community. You confirm that the first and last names you provide during registration are yours and are accurate.
We reserve the right to modify, add or deactivate the Neatroverse, the Community or any User Content at any time, without notice or liability.
Amendements to Terms
NEATRO may modify these Terms from time to time. Unless otherwise specified, changes are effective immediately upon our posting of the updated Terms, and the updated Terms apply to any use of the Community after their posting. We will use reasonable efforts to notify you of changes as provided in Section 12.
You are responsible for all User Content that you submit to the Community and you agree that it may be accessible to the public.
By posting User Content on the Platform, you represent that you have all necessary rights, licenses or permissions to post and use textual and visual content and to grant the licenses set forth in Section 6 of these Terms.
The User is entirely responsible for the User Content uploaded to the NEATRO Platform through its account. We have no obligation to monitor or review the User Content uploaded to the Platform, its legality or its compliance with any law or intellectual property right. NEATRO does not conduct any verification of its own. You may, however, report any User Content that you believe violates any law or the rights of any person. We will examine the requests received in the light of the information available to us and take the necessary measures if the report is well-founded.
You are solely responsible for enforcing your rights with respect to User Content, and NEATRO will not be responsible for providing you with any assistance in this regard. We make no representations or warranties regarding any User Content you may find on the Community, including as to its infringement of third party rights or its reliability, accuracy, usefulness or safety. You may find User Content on the Community offensive, indecent or objectionable. However, you agree not to hold us liable in any way for User Content on the Platform.
It is forbidden to incorporate in the User Content any element that is :
Otherwise violates the rights (including privacy rights) of others;
Any content containing advertising;
Promotional material or any form of unwanted solicitation;
Any content whose origin or source is falsified;
Any financial or personal information about you or any other person; and
Suppressing User Content
We reserve the right to remove any User Content at any time, without notice, for any reason or no reason, including if it violates these Terms.
NEATRO makes no commitment to store or make available to the Community, through the Platform, your User Content or any other content, including any Retrospective Models.
If you believe that an item uploaded by a User to the Platform infringes your copyright or trademark rights, you must notify us by reporting the Retrospective Model via the "Report" button, which is available for each model.
The Model Description allows the User to describe the Retrospective Model in order to present its model, highlight it, explain its functionalities and recommend how to use it.
NEATRO may modify the Model Description without your consent, in order to ensure that it complies with certain standards defined by NEATRO, in particular those defined in section 7 of these Terms.
By submitting User Content to the Platform, you grant us a license to certain intellectual property rights for the purpose of sharing and distributing such User Content.
By submitting User Content, you grant us an unlimited, non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sub-licensable, transferable and royalty-free license to use, reproduce, distribute, transmit, make available, enhance, prepare derivative works from and otherwise exploit the User Content. If your User Content contains your name, image or likeness, you waive any and all claims under any right of privacy or publicity related to the use of these elements in connection with the use of your User Content.
By submitting User Content, you grant any User of the Community a non-exclusive, worldwide, royalty-free, royalty-free license to use and exploit the User Content for personal and business purposes. If your User Content contains your name, image or likeness, you waive any and all claims under any right of privacy or publicity related to the use of these elements in connection with the use of your User Content.
Notwithstanding the foregoing, by submitting a Model Description, you grant us an unlimited, non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sublicensable, transferable and royalty-free license to use, reproduce, modify, translate, distribute, transmit, make available, make improvements to, prepare derivative works of, and otherwise use and exploit. If your Model Description contains your name, image or likeness, you waive any claim under any right of privacy or publicity related to the use of these elements in connection with the use of your Model Description.
The User expressly waives any and all moral rights that it holds or may hold with respect to any User Content and irrevocably undertakes to provide NEATRO with any and all assistance necessary to perfect such waiver, if necessary.
Before publishing any User Content on the Platform, we advise you to follow the recommendations below in order to comply with our Terms and to enhance the value of your User Content.
For visual content, avoid using branded promotional images, and use your own or royalty-free images instead. Remember to credit the sources of your royalty-free content so that other Users can consult the original content.
In the Model Description, describe the purpose of your template and your reasons for creating it. Try to target the people and groups who could most usefully make use of your Retrospective Model, depending on their number and their project, for example. Describe the situations in which the use of your Retrospective Model is most appropriate and effective. Provide step-by-step instructions on how to make the most of your Retrospective Model.
For all types of content, make sure your content is not inappropriate, hurtful or abusive to certain people. Only publish content that is of reasonable interest to the community, and avoid advertising or promotional content. Respect the confidentiality of information and the privacy of others, and ensure that your content does not reveal any personal information that is confidential or sensitive.
The Platform facilitates the sharing of User Content on the social media platforms Twitter, Facebook or LinkedIn ("social media"), and allows other users or NEATRO to share your User Content on social media.
You may share other users' User Content on social media, provided you include a link to the Platform in your post.
The Community contains proprietary and confidential information that is protected by intellectual property and other laws. NEATRO and its suppliers retain all right, title and interest in and to the Community, all Community content, excluding User Content. NEATRO retains all rights to its brand, logos, trademarks and service marks, and their use is prohibited without prior written consent.
We may terminate or suspend these Terms or your access to the Community or Platform at any time, with or without notice and for any reason.
In the event of termination or suspension of these Terms, we may delete your account, passwords and User Content and bar you from further use of the Community. You understand that we may also continue to make your User Content available on the Community or elsewhere, as permitted by these Terms, even if your use of the Community is terminated or suspended.
We shall have no liability to you or any third party in the event of termination or suspension, and termination or suspension shall not limit any other rights or remedies we or any third party may have against you.
The following sections will survive any change to these Terms: 9 (Proprietary Rights), 10 (Termination), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law) and 15 (General Terms and Conditions).
Disclaimer of Warranties
The Platform and the Community are provided by NEATRO on an "as is" basis, and use is at your discretion and risk. We make no warranties, express or implied, including warranties of fitness for a particular purpose and non-infringement, particularly with respect to User Content. Nor can we guarantee that your use of the Platform or the Community will be uninterrupted in all circumstances.
Limitation of Liability
To the fullest extent permitted by law, NEATRO and its suppliers are not responsible for:
User Content, including Retrospective Models ;
Actions you take or decisions you make based on User Content uploaded to the Platform for the Community;
Viruses or harmful code on or in the Platform, the Community or any User Content;
Direct, indirect, incidental or consequential damages of any kind, or loss of use, loss or inaccuracy of information, loss of profits, failure of security mechanisms or interruption of services.
To the extent that any of the foregoing limitations are not applicable under applicable Canadian or Quebec law, NEATRO's total liability under these Terms shall not exceed the amount paid by the User in the last 12 months or $100 Canadian dollars, whichever is greater.
These limitations and exclusions apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, and even if NEATRO is advised in advance of the possibility of such damages. You understand that NEATRO would not be able to provide its services to the Community or permit User Content without the limitations and exclusions in this section.
You will defend us at our request, indemnify us and hold us harmless against any claim by a third party arising out of or in connection with :
Your use or attempted use of the Community in violation of these Terms
Your violation of any law or the rights of any third party
Any User Content you submit to the Community, including any claim of infringement, misappropriation or violation of any intellectual property, privacy or other right.
These Terms shall be governed by the laws of Canada and the Province of Quebec, without regard to conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction and venue for actions relating to the subject matter hereof shall be in the courts of the judicial district of Montreal, and both parties hereby submit to the jurisdiction of such courts.
General Terms and Conditions
We may provide notices to you by e-mail or through the Community at our discretion. Any notice given by you to us under these Terms will only be deemed given if sent via the following email address: firstname.lastname@example.org.
The Parties, namely the User and NEATRO are independent contractors and there is no partnership, joint venture, employment, franchise or agency relationship created hereby between the Parties. If any part of these Terms is determined by a court of competent jurisdiction to be invalid, only the invalid portion shall be ineffective, and the remainder of the Terms shall continue in full force and effect. If we waive any of our rights under these Terms in any part of these Terms, we reserve the right to rescind such waiver.
If we waive any of our rights under these Terms in a particular instance, this does not mean that we waive our rights generally or in the future. Furthermore, the fact that we do not always assert all our rights does not mean that we waive them, as we may decide to assert them at a later date.
Except as provided herein, any amendment to these Terms must be made in writing and signed by both Parties. Unless otherwise agreed, the Terms constitute the entire agreement between the Parties.
These Terms, and the rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be transferred and assigned by us without restriction. We will not be liable to you for any delay or failure to perform any of our obligations under these Terms if the delay or failure is due to events beyond our reasonable control, including any force majeure event including strike, blockade, war, act of terrorism, riot, act of God, traffic accident, failure or curtailment of power or telecommunications or data networks or services, or denial of approval or license by any government agency. We may use the services of subcontractors and allow them to exercise the rights granted to us in order to provide the Platform and the Community hereunder.