Community Terms

These terms of service (the ‘Community Terms’) govern your access and use of our community (the ‘Community’). Please read the terms carefully.

We’re grateful that you’re here.

First things first

These Community Terms are legally binding

These Community Terms are a legally binding contract between you and us. As part of these Community Terms, you agree to comply with the most recent version of ourAcceptable Use Policy

andTerms of Service , which are incorporated herein by reference and forming an integral part hereof. If you access or use the Community, or continue accessing or using the Community after being notified of a change, you confirm that you have read, understand, and agree to be bound by the change.

‘We’, ‘our’, and ‘us’ refer to Milestone Systems A/S, CVR 20341130.

A few ground rules

You must be over the legal age to accept the terms

You must be at least 13 years old to access the Community. If you are a sole proprietor and below the legal age to enter into contracts in your jurisdiction (often 18 years old), your parent or legal guardian must complete the signup on your behalf. If you are registering on behalf of a legal entity that is owned, directly or indirectly, by someone below the legal contracting age, signup must be completed by an authorised officer or a board-approved representative. In such cases, the person completing the signup is legally responsible for compliance with these Community Terms as if they had agreed to them.

While you’re here, you must follow the rules

To help ensure a safe and productive Community, you must comply with ourAcceptable Use Policy. If you see inappropriate behaviour or content, please report it to us.

Your access to the Community

Please contact us if you at any time or for any reason wish to terminate your account.

User Content

Generally

You are responsible for any content you submit to the Community ('User Content'). This includes any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software or other materials. The term ‘submit’ includes submitting, posting, uploading or otherwise making available User Content on or through the Community.

You do not lose any ownership rights you may have to User Content that you submit, but you understand that the User Content will be publicly available. By submitting User Content, you grant us and, at our sole discretion, other Community users a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your Content in any form or format and through any media (including, for us, in connection with our Services and in our marketing and publicity). If your User Content contains your name, image or likeness, you waive any claim under any rights of privacy or publicity (including under California Civil Code 3344 and similar laws) related to use of the same in connection with use of your User Content.

You are responsible for User Content

We have no obligation to (but may, in our discretion) monitor or review User Content. You are solely responsible for the enforcement of any of your rights to the User Content, and the Company shall not be held liable or responsible for providing assistance to you regarding the same. We have no responsibility for and make no promises about User Content you may encounter on the Community, including whether it infringes third-party rights or its reliability, accuracy, usefulness or safety. You may find User Content on the Community to be offensive, indecent or objectionable. However, you agree not to hold us responsible in any way for any User Content you encounter.

Removal of User Content

We reserve the right to remove any User Content at any time without notice, for any or no reason, including if it violates these Terms. We do not promise to store or make available on the Community any of your User Content or any other Content for any length of time. Your use of the Community is subject to the terms of these Terms and our takedown policy, as may be changed or updated from time to time.

If you believe that anything on the Community infringes your copyright or trademark rights, you should notify us athafnia@milestonesys.com

and follow the process described in ourTerms of Service.

Proprietary rights

The Community contains proprietary and confidential information that is protected by intellectual property and other laws. We and our licensors retain all right, title and interest, including all intellectual property rights, in and to the Community, any Content on the Community (other than User Content), and the Services.

Termination

We may terminate or suspend these Community Terms or your access to the Community at any time, with or without notice and for any or no reason. Upon any termination or suspension of these Community Terms, we may delete your account, passwords and User Content, and we may 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 under these Community Terms, even if your use of the Community is terminated or suspended. We will have no liability to you or any third party for any termination or suspension, nor will termination or suspension limit any other rights or remedies we may have. The following sections will survive any termination of these Community Terms: Proprietary Rights, Termination, Warranty Disclaimer, Limitation of Liability, Indemnity, and General Provisions.

Warranty disclaimer

THE COMMUNITY AND ALL CONTENT IS PROVIDED “AS IS”, AND USE IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE COMMUNITY WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Limitation of liability

If we believe that there is a violation of the Community Terms or any of our other policies that can simply be remedied by your removal of certain data or taking other action, we will, in most cases, ask you to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if you do not take appropriate action or we believe that there is a credible risk of harm to us, other users or any third parties. IN NO EVENT WILL WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED US DOLLARS (USD $100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

Indemnity

You will defend (at our request), indemnify, and hold harmless us from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Community in violation of these Community Terms, (b) your violation of any law or rights of any third party, or (c) any User Content you submit to the Community, including any claim of infringement, misappropriation or violation of any intellectual property, privacy, or other rights.

Application of consumer law

Project Hafnia is a tool intended for use by businesses and organisations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Community Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies that you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund of prepaid fees for your subscription covering the remainder of the term.

General provisions

Emails and messages

Except as otherwise set forth herein, all notices under the Community Terms will be by email or by notice to you in the Community. Notices to us should be sent tohafnia@milestonesys.com

, except for legal notices, which must follow the procedure described in ourTerms of Service.

Please review ourPrivacy Policy for more information on how we collect and use personal data.

Modifications

When we make material changes to these Community Terms, we’ll provide you with notice as appropriate under the circumstances (for example, by displaying a prominent notice within the Community or by sending you an email). Your continued use of the Community after the changes have been implemented will constitute your acceptance of the changes.

Waiver

No failure or delay by either party in exercising any right under the Community Terms, including theAcceptable Use Policy , will constitute a waiver of that right. No waiver under the Community Terms will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.

Severability

These Community Terms shall be enforced to the fullest extent permitted under applicable law. If any provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these Community Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Community to a third party without your consent or prior notice to you.

Governing law and venue

Any disputes, controversies, or claims arising out of or relating to these Community Terms shall be subject to the sole and exclusive jurisdiction as specified in theTerms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, we reserve the right to seek injunctive relief in any court of competent jurisdiction.

Entire agreement

These Community Terms, including any terms incorporated by reference, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

Contacting us

Please feel free to contact us if you have any questions. You may contact us athafnia@milestonesys.com or at our postal address below.

Milestone Systems A/S
Banemarksvej 50 C
2605 Brøndby
Denmark
Attn: Project Hafnia