Terms of Service

Last updated: 09/13/2022

Introduction

This is a legally binding agreement (“ToS”) governing Your (“You,” “Your,” “User”) access to and use of our websites, mobile applications, products, and services (collectively, the “Service”) and all data, files, content, or materials uploaded, downloaded, created, viewed, or otherwise accessed through our Service (collectively, the “Content”).

The Service is provided by Serviradar SAS under its registered trademark Colectidea, with offices at Cra 39 A#25 -83 in Bogotá, Colombia, registered with the commercial authority under NIT 900934115, herein referred to as “Serviradar,” “Colectidea,” “We,” or “Us.” Together, You and Serviradar constitute the “Parties” to these Terms of Service (individually, the “Party”). By visiting one of our websites or using parts of Our Services, you are considered a “User” of our Services.

By using Colectidea, you agree to these Terms of Service. If you do not agree with or comply with these Terms of Service, you must not accept them and must not begin or continue using Colectidea.

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 notify you in advance. By continuing to use Colectidea after the effective date, you agree to the new version.

Access to the Service

Account

Colectidea will provide you with the ability to create and maintain a username and access method for using the Service (a “Colectidea Account”). By accessing a Colectidea account, you agree to provide truthful, accurate, and complete information during registration and to update your information during use to keep it current.

By accessing Colectidea through an Account, you warrant that:
(i) You are 13 years of age or older;
(ii) If you are of legal age in your jurisdiction or older, you have read, understood, and agree to be bound by the Terms; and
(iii) If you are between 13 and the legal age in your jurisdiction, your legal guardian has reviewed and agreed to these Terms.

As your user credentials are personal and considered confidential information, you are fully responsible for all acts and omissions of individuals granted access to the platform through your account. You are responsible for keeping your Colectidea Account secure and protected from unauthorized access and must notify us immediately of any unauthorized use or breach of your Account’s security.

Joining an Organization

The Service may allow you to join an organization by name (e.g., Pepito SAS). Organizations are workspaces enabling groups of participants with a common interest or affiliation to share content and collaborate.

You can join an organization by logging in or creating an Account and accepting an organization’s invitation (in which case you are referred to as a “Member”).

Any workspace may contain content not suitable for you. You can always stop visiting a workspace if you find it unsuitable in any way.

Organization Ownership

Colectidea may allow you to create and/or maintain an organization. Each workspace has a specific member with greater access and editing rights and overall responsibility, referred to as the “Primary Owner Account,” “Primary Owner,” or “Owner” in these Terms of Service. By registering an organization, you become a member of the organization and are assigned the Primary Owner Account. At all times, there is one Primary Owner Account for each organization.

Additionally, each organization has a person or entity responsible for activities within the organization, referred to as the “Client.” By joining a workspace, you acknowledge and agree that you may be assigned or pre-assigned the role of an owner account and held accountable as a Client.

If an organization is registered through an Account with a personal email address and/or registered for personal reasons not affiliated with a business, brand, or other entity, the Account Owner of the workspace is personally responsible for activities within the workspace. In this case, the workspace’s Owner Account is considered the Client and also referred to as the “Personal Client.”

If an organization is registered through an Account with a business email address and/or for a company, business, organization, brand, or similar, the Owner Account of the workspace accepts these Terms of Service on behalf of the entity and acts as its representative. In this case, the entity is considered the Client and also referred to as the “Business Client.”

Third-Party Services

Colectidea reserves the right to use technical knowledge, personnel, or technology provided by a third party to deliver parts of the Service under these ToS. This may include, but is not limited to, third-party payment processors, email infrastructure providers, or user authentication services. Note that third-party services may have their own terms and policies governing Your conduct in addition to these ToS. We ensure that we work with established, industry-leading service providers with good practices. Agreements are in place to ensure third-party services used in our Service comply with data protection obligations no less protective than our Agreements.

Our Service may include links to websites and Content maintained by third parties. Colectidea is not responsible for the reliability or content of third-party websites or services. Our links to third-party websites or Content do not imply endorsement, promotion, guarantee, or recommendation of such Content or website, its views, or its authors or owners.

By using our Service, you may connect Content, Accounts, or Organizations with third-party services. If you choose to connect Content, Accounts, or Organizations in the Service with a third-party service (e.g., via API, Webhook, Authentication, SSO, or similar integration), you are responsible for the actions these third-party services take with this Content, including intentional or unintentional use, disclosure, loss, modification, or deletion of any or all Content, Accounts, or Workspaces.

If you are located in the European Economic Area, the United Kingdom, Canada, or another jurisdiction outside the United States with laws governing personal data collection, use, and disclosure differing from U.S. laws, note that the information we collect (including through cookies and other web technologies) may be processed and stored in the United States or other countries where we or our third-party service providers operate.

By submitting personal information to Colectidea and using Colectidea, you explicitly consent to the transfer, processing, and storage of your personal data in the United States or another jurisdiction that may not offer the same level of privacy protection as your country of residence or citizenship.

Content in the Service

We may, at our sole discretion, occasionally allow you to upload, store, share, submit, or make Content available through our Service—for example, by posting a comment, creating an idea, or uploading an attachment.

Who Owns the Content?

The Content you upload, store, share, or submit through our Service in “closed” challenges (i.e., challenges shared only with members of your organization) remains your intellectual property or that of the original owner. These Terms of Service do not grant us any rights to your “closed” Content except the limited rights that allow us to operate and improve our Service, as described in the following sections regarding Service Content. We are not responsible for any actions you take with your “closed” Content or other Content concerning the Service. Colectidea generally does not monitor workspaces for posted Content and is not responsible for such Content.

The Content you upload, store, share, or submit through our Service in “open” challenges (i.e., challenges shared with other companies, universities, and other entities) transfers any proprietary or commercial rights of the intellectual property to Colectidea, making it part of the “Collective Knowledge.” This allows other Colectidea Client organizations to freely consume, use, modify, combine, and apply the Content to their organization as long as it is done within the Service and not redistributed to third-party services. This transfer of rights is permanent, even if the person who created the Content no longer uses the Service or has deleted their Account.

By submitting Content to the Service, You warrant that:
(i) You have the necessary ownership rights, licenses, and consent to grant us the rights required to operate and improve Our Service;
(ii) The Content, and your actions of uploading, publishing, communicating, or making it available through the Service, do not infringe or violate third-party rights or result in a violation of any law or regulation.

You acknowledge that you are solely responsible for the accuracy, quality, integrity, legality, reliability, suitability, and intellectual property rights or right to use all Content you submit. Additionally, you are fully responsible if such Content infringes on the rights of third parties, and you agree to indemnify Colectidea for all claims and/or losses related to such infringement and/or illegality.

You are aware that by submitting Content to Colectidea, you may be sharing it with others. You also acknowledge that other Users with access to your Content may choose to share, edit, make it available to third parties, or take action on the Content you submit to Colectidea.

We Reserve Certain Rights to Operate the Service

To provide the Service and serve the Content, we reserve a set of standardized rights over the Content.

You grant us a worldwide, royalty-free, non-exclusive, and perpetual right to store, display, modify, edit, transmit, 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 we work with to ensure the smooth operation of the Service. This allows the Service, for instance, to display your idea to others after you post it, crop an image, or export an idea to a task management platform connected through an API or integration.

We Reserve Certain Rights to Improve the Service

You agree that Colectidea employees may use your activities and Content in an anonymized and aggregated manner to continuously optimize the Service’s performance and presentation. We reserve the right to publish our findings at an anonymized and aggregated level. An example of anonymized findings might be studying how many people generally comment on ideas they also like to create personalized recommendations and improve the quality of the Service.

We also retain the right, but not the obligation, to directly access your Account or Organization data upon invitation from an Organization member for technical maintenance, content oversight, research, or general customer support purposes.

Any feedback or circumstantial analytical data knowingly provided or resulting unknowingly from your use of our Service may be freely exploited and shared by Us to improve Our Service or technology, without granting You any rights or ownership over them.

Protecting Your Content

Protecting your Content is a priority for us. While we strive to minimize access to your Content in general, we retain the right, but not the obligation, to generally monitor individual Workspaces, Members, activities, and Content.

We will only individually investigate Content from Members or Workspaces to determine compliance with these Terms of Service or to satisfy any valid, authorized governmental request. Activity is more commonly monitored and analyzed and may be used to improve Our Service, including Customer Support.

Colectidea and its Employees reserve the right, but not the obligation, to monitor and observe your activities on Our Service to determine compliance with these Terms of Service and investigate Content to determine compliance with these Terms of Service or any operational rules established by Colectidea to meet any valid, authorized governmental request.

Terms and Policies Incorporated

In providing Our Service, Colectidea may process personal data on behalf of Clients:

Processing according to Client instructions: Colectidea will only process data in accordance with Client instructions, as outlined in these ToS.

Assistance with data subject requests: To the extent our Clients cannot delete or retrieve data processed by Colectidea independently, we will assist Clients with any data subject requests they receive.

Notification of data incidents: Colectidea will notify Clients without undue delay if there is accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, or access to personal data.

Staff confidentiality commitments: All Colectidea employees must sign a confidentiality agreement before employment, complete mandatory privacy training, and adhere to other internal policies.

You agree to allow Colectidea to collect, maintain, and use information per its “Privacy Policy.”

In summary, the Privacy Policy expands on these Terms of Service and is considered part of these Terms of Service. This means you agree to be bound by the Privacy Policy if you agree to these Terms of Service.

(If you’d like me to continue with additional sections or specific parts, let me know.)

Change or Suspension of the Service

Colectidea reserves the right, at its reasonable discretion, to suspend or terminate access to and use of the Service, or parts of the Service, for Accounts, Clients, Integrations, and/or a Workspace in the following circumstances:

1. During planned downtime for updates and maintenance of the Service (“Planned Downtime”).
2. During any unavailability caused by circumstances beyond Colectidea’s reasonable control, such as acts of God, government actions, acts of terrorism or civil unrest, technical failures beyond Colectidea’s reasonable control (including, but not limited to, inability to access the Internet), or actions by third parties, including but not limited to distributed denial-of-service attacks.
3. If Accounts fail to comply with the provisions set forth in these terms.
4. In cases where a Client owes any amount to Colectidea for any reason.
5. If we suspect or detect any malicious software connected to your Account or Workspace.

Colectidea has the right, at its sole discretion, to discontinue the Service and delete all Content for any reason at any time. In such a case, Colectidea will notify you 30 days in advance and make a copy of your Content available to you during the notice period, provided it is technically and legally feasible.

Disclaimer of Warranties

We strive to build and operate a Service to high standards but cannot guarantee everything.

To the maximum extent permitted by law, our Service is provided “as is” without any representation or warranty, express or implied. In other words, Colectidea is always in beta. Colectidea makes no representations or warranties regarding our Service, its fitness for a particular 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 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 Colectidea, or any entity involved in creating, producing, or distributing the Service, will not be liable under any circumstances for any damages, including but not limited to lost profits, direct, indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use or access the Service or Service Content.

Colectidea is not responsible for defamatory, offensive, or illegal conduct by others or third parties, and the risk of harm from such actions rests entirely with you.

Colectidea is not liable for any loss, damage, fees, or misconduct resulting from unauthorized access to your Account caused by your failure to protect your Account access credentials.

Neither Colectidea nor its affiliates, information providers, or other third-party providers or partners are responsible, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects or untimeliness of the information contained in the Service or Content within the Service.

No part of Our Service constitutes, or is intended to constitute, legal or financial advice. If you need advice on any legal or financial matter, you should consult an appropriate professional.

Colectidea may fully cooperate with any law enforcement authorities requesting or directing Colectidea to disclose confidential or private information or Content from any Account or Client. You understand and agree that Colectidea, or any entity involved in creating, producing, or distributing the Service, will not be liable under any circumstances for damages, including but not limited to lost profits, direct, indirect, incidental, special, consequential, or punitive damages arising from such compliance or cooperation with law enforcement.

Any violation of the Community Guidelines with material consequences for Colectidea will make you liable for the damages suffered by Colectidea and other individuals affected.

If Colectidea is found liable for any event or circumstance arising from these ToS with you, our liability will not exceed the amount we have charged you during the last twelve (12) months.

Indemnification

You agree to defend, indemnify, and hold harmless Colectidea, its affiliates, and their respective directors, officers, employees, and agents from all claims and expenses, including attorney’s fees, arising from your use of Colectidea.

You are fully responsible if the Content you submit infringes on third-party rights, and you agree to indemnify Colectidea for all claims and losses related to such infringement and/or illegality. You acknowledge that the provisions of this section apply to all Service Content.

General Rules

Copyright and Ownership

Colectidea, its appearance, and its logos are the property of Serviradar SAS, and all rights are reserved. All other trademarks appearing in Our Service are the property of their respective owners.

You acknowledge that Colectidea and its licensors retain all intellectual property rights and ownership of all Our proprietary and/or confidential information. This includes, but is not limited to, products, services, concepts, techniques, inventions, processes, software, or any written part of the Services provided by Colectidea.

You understand that, even if we use terms like “sell,” “own,” and “unlimited,” ownership of Our Service and technology remains with Us. No rights to Colectidea technology or intellectual property are transferred. You understand that the Service is hosted online and that you have no right 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 to access and use Colectidea and all related charges.

Relationship of the Parties

These ToS do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between You and Colectidea.

Survival of Terms

You agree that provisions of these Terms of Service that (by their nature) should survive termination will survive any termination of these Terms of Service. Any termination by either Party or expiration of these ToS will only take effect moving forward and not retroactively.

Severability

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be unenforceable, that provision shall be modified by the court and interpreted to best accomplish the original provision’s intent to the fullest extent permitted by applicable law. The remaining provisions of these ToS will remain in full effect.

No Waiver

If Colectidea does not explicitly exercise a particular right under these Terms of Service, it does not waive those rights.

Entire Agreement

These ToS (including all documents incorporated by reference) constitute the entire agreement between You and Us concerning Our Service.

We may 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 of these, review the applicable terms, as they may conflict with and override these Terms of Service.

Governing Law

These ToS shall be governed by the substantive laws of Colombia without regard to conflict of law principles. You expressly agree to submit to the exclusive jurisdiction of Colombia to resolve any disputes relating to these ToS or access to or use of the Service.

Dispute Resolution

If you are considering raising a dispute or claim, we encourage you to attempt to resolve it with Us informally for 21 days before taking formal action. To do so, contact us by email at legal@serviradar.co with the subject line “Notice of Dispute.” We will work together to resolve the matter within 21 days of your email; if no resolution is reached, either you or Colectidea may initiate formal proceedings.

Any dispute arising out of or in connection with these ToS, including disputes concerning their existence, validity, or termination, will be resolved by arbitration administered by the Danish Institute of Arbitration under its applicable rules.

The arbitration tribunal will consist of one arbitrator. The arbitration location will be Bogotá, Colombia, and the arbitration proceedings will be conducted in Spanish.

Notice

All notices under these ToS will be sent by email to your registered email address. Notices to Colectidea must be sent to legal@serviradar.co. Such notices will be considered delivered 72 hours after postal mailing or 24 hours after email transmission.

Force Majeure

Neither Party will be liable for failure or delay in performance due to circumstances beyond their reasonable control, including, but not limited to, acts of God, war, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, service interruptions caused by equipment and/or software failures, network failures, or third-party provider failures (including Internet service providers).

Questions?

Let us know at legal@serviradar.co.