Terms of Service

Last updated July 22, 2020

Introduction

This is a legally binding agreement (“ToS”) governing Your (“You”, “Your”) access and use of our sites, mobile apps, products and services (collectively the “Service”) and all data, files, content or material uploaded, downloaded, produced, viewed or otherwise accessed through our Service (collectively the “Content”).

The Service is provided by Social Tech Projects ApS, with offices at Enghavevej 80, 2450, Copenhagen, Denmark, registered at the Danish business authority with VAT ID  – in short referred to as “Social Tech Projects”, “Us”, or “We”. Together You and Social Tech Projects make out the “Parties” of these ToS (individually the “Party”). By visiting one of our websites or our platform “WeSolve” or otherwise making use of parts of Our Service, You are considered a “User” of our Services.

By using WeSolve, you agree to these ToS. If You do not agree or comply with these ToS, You must not accept them and must not start or continue to use WeSolve.

We reserve the right to adjust and change these ToS and any documents included by reference at any time. If a change is material we will let you know in advance. By continuing to use WeSolve after the effective date, you agree to the new version.

WeSolve software belongs in the category of services for organizations. It is an integrated information system in which registered users, verified via email, send information electronically to a server. This information could include geolocation data, photographs and alphanumeric data (text). The server collects this data and safely maintains them. Access is granted to certified personnel of organizations that are authenticated users and have accepted the Terms of use as part of contracts required by the company.

Specific information subsystem (management system) provides online access through the internet in the data store server.

Privacy Policy

You can find our Privacy Policy at https://wesolve.app/privacy-policy

Access to the Service

Account

WeSolve will provide You with the ability to create and maintain a username, email, and password for accessing the Service (an WeSolve “Account”). By accessing an WeSolve Account, You agree to provide true, accurate, and complete information during registration and to update Your information during use to keep it current.

By accessing WeSolve through an Account, you warrant (i) that you are 16 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 16 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

As Your email and password are personal and considered to be confidential information You are at all times entirely liable for all acts and omissions by the people You have allowed to access the platform through Your Account. You are responsible for keeping Your WeSolve Account safe and secure from unauthorized access and must notify Us promptly of any unauthorized use or security breach to Your Account.

Joining a Space

The Service might allow You to access a registered subdomain (a “Space”) identified with an URL (e.g. foo.wesolve.app) and a name (e.g. Foo Inc). Spaces allow groups of participants who have a common interest or affiliation to share Content and collaborate.

You might access WeSolve Spaces by logging in to or creating an Account (in which case You are referred to as a “Member”) or without logging in to or creating an Account for the Service (in which case You are referred to as a “Visitor”) .

Any Space may contain Content not suitable for You. You can always choose to stop visiting a Space if You find it to be unsuitable in any way.

Space Ownership

WeSolve might provide You with the ability to create and/or maintain a Space. Every such Space has one specific Member with more access and editing rights as well as overall responsibility, referred to in the ToS as the “Primary Owner Account”, “Primary Owner” or “Owner”.  When registering a Space, You will be made a Member of the Space and assigned to be the Primary Owner Account. At any point in time there is one Primary Owner Account on every Space.

At the same time, every Space has one person or entity that is responsible for the activity on that Space, known as the “Customer”. You acknowledge and agree that by becoming a Member of a Space You can be assigned or have preassigned the role of an Owner Account and can be made responsible as a Customer.

If a Space is registered through an Account with a personal email and/or is registered for a personal cause that is not affiliated with a business, organization, brand or another entity, the Owner Account of the Space is personally responsible for the activity on the Space. In this case the Owner Account on the Space is considered to be the Customer and is also referred to as a “Personal Customer”.

If a Space is registered from an Account with a business email and/or for a company, business, organization, brand or similar, the Owner Account of the Space agrees to these ToS on behalf of the entity and acts as a representative for the entity. In this case the entity is considered to be the Customer and is also referred to as a “Business Customer”.

Inviting People

In using Our Service it may be possible for You to share invitation links, inviting people by email or in other ways make the Space available to more people. By sharing these invitation links or inviting people, or in other ways making it possible for people to join a Space, You accept that You can be held responsible for their conduct and the Content posted by them. You accept that You are responsible for keeping people that you allow access to the Space aware of their rights and these ToS, as well as ensuring the legality and lawfulness of them using the Service.

Third Party Services

WeSolve reserves the right to use know-how, people or technology provided by a third-party to deliver parts of the Service under these ToS. This may include but is not limited to for example third-party payment processors, email infrastructure providers or User authentication. Please be advised that third-party Services might have their own terms and policies that govern Your conduct through terms, conditions and privacy policies in addition to these ToS. When working with third-party providers we only use established and industry leading service providers with good practices. We make sure we have written agreements that bind all third party Services used in Our Service to comply with data protection obligations not less protective than those in our Agreements.

Our Service may include links to websites and Content maintained by third-parties. WeSolve is not responsible and is not liable for any connection to or reliance on Content of third-party websites or services. Our links to third-party websites or Content do not imply that We support, promote, guarantee or recommend any such Content or website, their views or their authors or owners.

In using our Service it may be possible for You to connect Content, Accounts or Spaces with third-party services. If You choose to connect Content, Accounts or Spaces on the Service with a third-party service (e.g. through an API, Webhook, Authentication, SSO or similar integration) You are responsible for what these third-party services do with this Content, including wanted or unwanted use, disclosure, loss, modification or deletion of any or all such Content, Accounts or Spaces. Please be advised that third-party Services might have their own terms and policies that govern Your rights and conduct.

If You are an individual located in the European Economic Area, the United Kingdom, Canada or another jurisdiction outside of the United States with laws and regulations governing personal data collection, use, and disclosure that differ from United States laws, please be aware that information we collect (including through the use of methods such as cookies and other web technologies) might be processed and stored in the United States or in other countries where we or our third-party services providers have operations.

By submitting personal information to WeSolve and using WeSolve, You expressly consent to having Your personal data transferred to, processed, and stored in the United States or another jurisdiction which may not offer the same level of privacy protection as those in the country where You reside or are a citizen.

Content on the Service

We may, at our sole discretion, from time to time allow You to upload, store, share, send or otherwise make available Content through our Service – for example by submitting a comment, creating an idea or uploading a file attachment.

Who Owns Content?

Content that You upload, store, share or send through our Service remains Your, or the original owner’s, intellectual property. WeSolve does not receive ownership of any Content You or others submit to the Service in the course of using the Service. These ToS do not give us any rights to Your Content apart from the limited rights that enable us to run and improve our Service that are described in the following sections about Content on the Service.

We are not liable or responsible for any actions You take with Your or other Content in connection with the Service. WeSolve does not generally monitor Spaces to review Content posted in them and is not responsible for any such Content.

By submitting Content to the Service You warrant that (i) You have the necessary ownership rights, licenses and consent to grant us the necessary rights to run and improve Our Service (ii) the Content itself, Your action of uploading, posting, communicating or otherwise making it available via the Service is in no way infringing or violating a third-party’s rights in any way and does not result in the violation of any law or regulation.

You acknowledge that You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Content that You submit.  Furthermore, You are fully liable if such Content is infringing upon third-party rights, and accordingly agree to indemnify WeSolve for all claims and losses related to such infringement and/or illegality.

You are aware that by submitting Content to WeSolve You might be sharing it with other people. You are also aware that other Users on the Space with access to your content might choose to share, edit, make available to third-parties or otherwise take action on Content You submit to WeSolve.

We reserve some rights to run the Service

WeSolve allows You to upload, submit, store, send and receive Content. You retain ownership of any intellectual property rights that You hold in that Content. In short, what belongs to You stays Yours. But, to be able to serve the Content an to run the Service, we reserve a set of standardized rights.

You give Us the worldwide, royalty-free, non-exclusive, perpetual right to store, display, modify, edit, send, delete, scan, analyze, track, repackage and reproduce Your Content to the extent necessary to provide our Service – without further notice or consent from You. This right extends to partners and third-party services that we work together with to allow for a smooth operation of the Service. This allows the Service, for example, to display Your idea to other people after You have posted it, to crop an image or to export an idea to a connected task management platform.

We reserve some rights to improve the Service

You consent that WeSolve employees can use Your activities and Content on the Service to continuously optimize the performance and presentation of the Service. We reserve the right to publish our findings on an anonymized aggregate level. An example of an anonymized finding would be study of how many people, in general, comment on an idea they have also liked.

We also retain the right, but not the obligation, to directly access Your account data or a Space on invitation by a Member of a Space for purposes of technical maintenance, content oversight or investigation as well as general Customer support.

Any feedback or circumstantial analytical evidence knowingly given or unknowingly resulting from usage of using our Service can freely be exploited and shared by Us to improve Our Service or technology without this resulting in You having or receiving any rights or ownership of them.

Protecting Your Content

Protecting Your Content is a top-priority for Us. While we do try to minimize access to your Content in general We retain the right, but not the obligation, to generally monitor monitor individual Spaces, Member, activity and Content.

We will only investigate individual the Content of Members or Spaces to determine if people comply with these ToS (especially our Community Policy) or to satisfy any law, regulation or valid authorized government request. Activity is monitored and analysed more frequently and can be used to improve Our Service, including Customer Support.

WeSolve and its Employees shall retain the right, but not the obligation, to generally monitor and observe Your activities on Our Service to determine compliance with these ToS and to investigate Content to determine compliance with these ToS and any operating rules established by WeSolve to satisfy any law, regulation or valid authorized government request

Incorporated Terms and Policies

The way Space ownership is handled, the rights and responsibilities of Customers and the way paid subscriptions work are regulated by our “Customer Agreement”, which may be found at https://wesolve.app/customer-agreement.

In the course of providing Our Service, WeSolve may process personal data on behalf of Customers. Specifics of how We will perform this processing and what Our obligations are as well as the obligations of our Customers are described in Our Data Processing Addendum (“DPA”), which may be found at https://wesolve.app/dpa. The DPA forms part of these ToS with WeSolve (as the Data Processor) and Our Customers (as the Controllers). As related to the GDPR and data from the European Economic Area, this includes:

Processing In Accordance With Customer Instructions – WeSolve will only process data in accordance with the customer’s instructions, as described in these ToS and the DPA.

Assistance with Data Subject Requests – to the extent Our Customers cannot delete or retrieve data processed by WeSolve on their own, we will assist Customers with the data subject requests they receive.

Notification of Data Incidents – WeSolve will notify Customers without undue delay if there is any accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure of, or access to the personal data. We will assist our Customers in their obligations under Articles 32-36 of the GDPR.

Confidentiality Commitments of Personnel – All WeSolve employees are required to sign a confidentiality agreement prior to employment, complete mandatory privacy trainings, and adhere to other internal policies.

To keep a lively community of people using Our Service, We have established some rules. We have outlined these binding rules in Our “Community Guidelines”, which may be found at https://wesolve.app/community-guidelines.

You agree to let WeSolve collect, maintain and use information in accordance with its “Privacy Policy”, which may be found at https://wesolve.app/privacy-policy.

To summarize, the Privacy Policy, the Customer Agreement, the DPA and the Community Guidelines extend these ToS and are considered part of these ToS. This means You agree to be bound by the them if you agree to be bound by these ToS.

Change or Suspension of Service

WeSolve reserves the right, in its reasonable discretion, to suspend or end access to and use of the Service or parts of the Service for Accounts, Customers, Integrations and/or a Space (i) during planned downtime for upgrades and maintenance to the Service (known as “Planned Downtime”) (ii) during any unavailability caused by circumstances beyond Social Tech Projects ’s reasonable control, such as, but not limited to, Events of Force Majeure, acts of government, acts of terror or civil unrest, technical failures beyond Social Tech Projects ’s reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including, without limitation, distributed denial of service attacks (iii) if Accounts do not comply with the provisions laid out in these terms (iv) in the event that a Customer owes any amount to Social Tech Projects for any reason or (v) if We suspect or detect any Malicious Software connected to Your Account or a Space You are a part of.

Social Tech Projects has the right at its sole discretion to discontinue the Service and delete all Content for any reason at any time. In that event, Social Tech Projects will notify You 30 days in advance and make available a copy of Your Content during the time of notice as far as We consider technically and legally feasible.

Disclaimer of Warranty

We do Our best to build and operate a Service to high standards but we cannot guarantee everything.

Therefore, to the fullest extent possible by law, our Service is provided “as is” without any representations or warranties, express or implied. WeSolve makes no representations or warranties in relation to our Service, its fitness for a certain purpose or the information and materials provided through our Service.

You agree that the Service may be updated, modified, changed, interrupted or discontinued at any time without notice or liability. We reserve the right to restrict or terminate Your access to the Service or parts of the Service at any time. We are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content or personalization settings submitted to our Service.

Limitation of Liability

You understand and agree that Social Tech Projects or any entity involved in creating, producing or distributing the Service will not under any circumstances be liable for any damages, including, without limitation, lost profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use or access of the Service or Content on the Service.

Social Tech Projects is not liable for the defamatory, offensive or illegal conduct of other people or third parties and that the risk of injury from these causes of actions rests entirely with You.

Social Tech Projects is not liable for any loss, damage, fees or misconduct resulting from unauthorized access of Your account caused by failure on Your side to safeguard the access to Your Account.

Neither Social Tech Projects nor any of its affiliates, information providers or other third party providers or partners are liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness of, the information contained within the Service or Content on the Service. No part of Our Service constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal or financial matter You should consult an appropriate professional.

Social Tech Projects may fully cooperate with any law enforcement requesting or directing Social Tech Projects to disclose confidential or private information or Content of any Account or Customer. You understand and agree that Social Tech Projects or any entity involved in creating, producing or distributing the Service will not under any circumstances be liable for any damages, including, without limitation, lost profits, direct, indirect, incidental, special, consequential or punitive damages arising out of such compliance or cooperation with law enforcement.

Any breach of the Community Guidelines with material consequences for Social Tech Projects will make You liable for damages suffered by Social Tech Projects and other people that it might cause harm to.

If Social Tech Projects is found liable for any event or circumstance resulting from these ToS with You, Our liability cannot exceed the amount charged to You by Us during the course of the last twelve (12) months.

Indemnification

You agree to defend, indemnify and hold harmless Social Tech Projects, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of Your use of WeSolve. You are fully liable if Content You submit is infringing upon third party rights, and You accordingly agree to indemnify WeSolve for all claims and losses related to such infringement and/or illegality. You acknowledge that the provisions of this section shall apply to all Content on the Service.

General Rules

Copyright and Ownership

WeSolve, its look and feel and its logos are owned by Social Tech Projects ApS and we reserve all rights. All other trademarks appearing on Our Service are the property of their respective owners.

You acknowledge that WeSolve and its licensors retain all intellectual property rights and title, in and to, all of Our confidential Information and/or other proprietary information. This includes but is not limited to: products, services, concepts, techniques, inventions, processes, software or writing part of the Services provided by WeSolve.

You understand that although We might use terms like “sell”, “own”, and “unlimited” – ownership of Our Service and technology remains with Us. No rights for WeSolve technology and intellectual property are transferred. You understand that the Service is hosted online and You have no rights to access, copy and/or host the source code of Our technology. You are responsible for obtaining and maintaining, monetarily or otherwise, all telephone, computer hardware, software, internet service plans and other equipment needed for access to and use of WeSolve and all charges related thereto.

Relationship of the Parties

These ToS do not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship amongst You and Social Tech Projects.

Survival of Terms

You agree that the provisions of these ToS that (by their nature) should survive termination will indeed survive any termination of these ToS. Any termination by either of the parties or the expiry of the term of these ToS shall only have effect for the future, and shall have no retroactive effects.

Severability

Should any provision in these ToS be held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by the applicable law. The remaining provisions of these ToS shall remain in full effect.

Without foregoing the above general statement, We want to make clear that some consumer protection laws or other legislation in Your jurisdiction may not allow certain limitations of liability, warranty restrictions and/or billing policies in these ToS. In the case that any limitation of liability, warranty restriction and/or billing policy is specifically prohibited by applicable law, such limitation of liability, warranty restriction and/or billing policy may not apply to You. In that case We kindly ask You to inform Us in advance, if You want to make use of a certain government regulation or provision that You see in conflict with these ToS.

No Waiver

If Social Tech Projects does not explicitly exercise a particular right under these ToS, that does not waive them.

Entire Agreement

These ToS (including all documents included by reference into them) are the whole agreement between You and Us concerning Our Service.

We might choose to run contests, promotions or marketing campaigns through our Service that may be governed by a separate set of terms and conditions. If You choose to participate in any such contests, promotions or marketing campaigns please review the conditions that apply to them as they might conflict and override these ToS. Likewise, by accepting a sales offer that specifies or extends this agreement, additional conditions and policies might apply.

Governing Law

These ToS shall be governed by the substantive laws of Denmark without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive jurisdiction on Denmark, for the purpose of resolving any dispute relating to these ToS or access to or use of the Service.

Dispute Resolution

We would not like to end up in a legal argument with You. If You are considering to file a dispute or claim We encourage you to try to settle Your claim with Us on an informal basis for 21 days before doing so through formal channels. To do so, please contact us by sending a mail to legal@18.158.108.108 with the subject line “Dispute Notice”. Together we will try to settle on a solution within 21 days of Your email – if we fail to come to an agreement, You or Social Tech Projects are free to start a formal proceeding.

Any dispute arising out of, or in connection with, the ToS, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration administered by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.

You can only resolve disputes and arbitration with WeSolve on an individual basis, not in a collective, consolidated or class action lawsuit. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Copenhagen, Denmark. The language to be used in the arbitral proceedings shall be English.

Notice

All notices under the ToS will be served by mail to Your email address on record in Your Account information. Notices to WeSolve shall be sent by email to legal@18.158.108.108. Any such notice shall be deemed to have been given upon the expiration of 72 hours after mailing or posting (if sent by mail or pre-paid post) or 24 hours after sending (if sent by email).

Force Majeure

Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, Events of Force Majeure, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services). The performance of these ToS shall then be suspended for as long as any such event will prevent the affected party from performing its required obligations under these ToS.

Data Security

The Company strictly protects the security of personal data and the preferences of data subjects for their intended use. It uses modern technology and industry standards for the confidentiality and accuracy of the information provided. For the protection of personal data secure-servers with industry standard encryption SSL 128 bit key are used. However, the Internet is not a secure medium, so that the Company can not guarantee that the information submitted to it shall be free from unauthorised third party interference.

Policy and Terms Changes

These Terms govern the methods for the processing of personal data supplied by users / visitors when navigating in our website and applications for portable devices. These methods may need to be amended as a result of new legislation entering into force or after examination and updating of user services. Therefore, the conditions may change over time and we encourage visitors to periodically consult this page.

Acceptance Statement of Terms of Use of WeSolve Software

The user of the WeSolve service agrees to the above terms of use and in particular agrees:

  1. That he uses the WeSolve service to send data on the management of problems and issues of competence of the organizations to the spatial responsibility of which the aforementioned issues belong.
  2. Knowing that certified organizations are permitted under the Privacy Policy to have access to specific data they collect while respecting the right to protection of personal data and the privacy of natural persons as defined by the General Data Protection Regulation (GDPR).
  3. Photographing, categorising, commenting and sending coordinates on his behalf will be done taking into account the right to the protection of personal data and the need to ensure the processing of as little personal data as possible.
  4. Allowing the certified organizations to whom they send the report their communication if additional information or clarifications are required to facilitate the resolution or routing of the issue.