These Terms of Service (“Terms”) conduct/dictate your access and use of Website, and Services of FunRetro (“we” or “us”). Please read the following Terms carefully before using, accepting and/or registering for FunRetro Services.
We emphasize that by accessing our Website, creating an Account and/or using our Services in funretro.io as an User (as defined below) of any other Website we operate (“Sites”), you accept these Terms, and consequently acknowledge that you, on your own behalf as an individual and on behalf of your employer or another legal entity, have read, understood and agreed to comply to the following terms and conditions.
If we make any major changes in this Terms of Service, we will send you an e-mail with the new version, but we insist, come visit us from time to time to keep yourself updated about it.
As used in these Terms to guide you:
“User” means any individual who has registered and have a User ID in FunRetro to access and use the Services, individually or on behalf of their Organization as a team member;
“Website” means this platform, or “https://funretro.io/”, adopted to operate our Services;
“Teams” means any group of individuals that share retrospectives;
“Data” means any information collected from individuals, generally, apply to any information;
“Personal Data” means any personal information collected from an individual that identifies a natural person concerning an identified or identifiable natural person (i.e. e-mail, date of birth, name).
“Processing” means any operation or set of operations that uses personal data autonomously or not;
“Profiling” means a type of processing that uses personal data to analyze some aspects related to a natural person´s life;
“Controller” means any natural or legal person, whether public or private, in charge of decisions on the processing of personal data;
“Processor” means any natural or legal person, whether public or private, who processes personal data on behalf of the controller;
“Recipient” means any natural or legal person, whether public or private, for whom the personal data collected are reported to;
“Third Party” means any natural or legal person, whether public or private, under the control of the controller or the processor, is authorized to perform the processing of personal data.
“GDPR” refers to the Regulation (EU) 2016/679 (General Data Protection Regulation).
2. Description of the Service
Our Services in FunRetro.io consist of a retrospective tool for teams to improve their performance, organize and progress in a more fun way, made available to you on a software as a service (Saas) basis through our Website, and includes (i) our software that you access via our Website and (ii) any other feature or Service made available or provided to you by FunRetro.
For the use of our Services, we, as the controllers, will need that you provide to us some information, which are adequate, limited and necessary for our Services.
We divided the aspect of Data in following way:
Personal Data: We only collect Personal Data directly from you. When you register and use our Website, you voluntarily give us:
All the information above can be changed and/or updated by you any time.
Once you registered and started use our services, you will be giving us permission to treat your personal data.
Data: Indirectly and/or automatically generated or collected information that does not contain any personal information. We use those Data to improve your user experience. For example, your IP address and User Agent, as well as:
We emphasize all the content created, in reference to retrospectives, on your logged area are stored with encrypted technology and cannot be accessed with legal ways by a non-authorized User ID. In other words, any person that does not have the URL sharable to the board or a member of the Team, in case of Team boards, cannot have access to the content created and/or registered.
3. Functionalities of the Service
FunRetro provides the following services functionalities as part of our Services:
FunRetro may add other functionalities and/or modify some at its own discretion and without further notice. Nevertheless, any major change in the functionality of our Services will be notified to you by email.
4. Ability to Accept Terms
Except as expressly permitted, you may not, and shall not allow a FunRetro user or any third party to; (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, transfer or distribute any portion of our Services; (ii) disable or interfere with our security-related features; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of our Services; (iv) copy, modify, improve, change or create any derivate work of our Services; (v) remove or alter FunRetro’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights joint to or provided as part of our Services.
By accepting this Terms of Service, you become aware that FunRetro is not responsible for any images or comments made by its users with illegal, violent, criminal, racist, sexist or xenophobic content.
However, once FunRetro becomes aware of this type of conducts, the user responsible by it will be notified, the content will be deleted from the Platform and all the administrative and judicial measures will be taken.
6. Customer Data
7. Subscription Form, Renewal, Cancelling and Refund
After your free trial, our Services are provided on a subscription basis for a set term as selected and specified for you on your Subscription Form and shall automatically renew for additional periods equally to prior periods as agreed, unless either party gives the other notice of non-renewal request to firstname.lastname@example.org or cancel manually our Services.
The price we charge during a renewal must be the same from the prior term, unless we have given you written notice of a pricing increase at least 30 days before the end of such Subscription. You shall be liable to pay all applicable fees in connection with such renewal period not canceled.
You can cancel our Services any time using our tools available in our Services or by sending a cancellation request to us at email@example.com. In the cancelation request, if you were not pleased with our Services, you can get full refund for the paid month of the cancelation request, and you will not be charged for the subsequent month.
8. Effect of Termination of Service
After you cancel the paid subscription - and consequently not have access anymore to unlimited features only available to payable subscribers - we will maintain all your boards and content created in our Website in case of a free account subscriber, if your account is active. Therefore, in case of an inactive account we will maintain all your boards and content created for one (1) year from termination. After that we will send you an email to notify all your Data will be deleted permanently of our Database if you do not renew your subscription or use our service. Therefore, if you register or make a new account after thirty (30) days from the notification, we will automatically give you a new User ID and you will not have access to any former content, since you would have a totally new account.
9. Order Process
10. Third-Party Software
11. Intellectual Property Rights
All our Services, website and software, including all content contained or displayed on our Website, are property of FunRetro and may be protected by applicable copyright or other intellectual property laws treaties. We reserve all rights in relation to FunRetro trademark, Website content and software provided.
12. Final Provisions
Any provision of these Terms declared invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability, without causing invalidity or unenforceability of the remaining terms or provisions of these Terms.
These Terms shall be governed by the Brazilian Law.
All disputes arising out of or in relation to these Terms shall be finally settled by arbitration under the Rules of CBMA – Brazilian Center of Mediation and Arbitration, by one or more arbitrators appointed pursuant to said Rules. The arbitration proceeding shall have seat in the city of Rio de Janeiro, State of Rio de Janeiro and be conducted in English.