Akvo Lumen terms of use

AS OF 5 OCTOBER 2018 THESE TERMS ARE NO LONGER IN USE PLEASE SEE OUR NEW TERMS BY VISITING OUR POLICIES AND TERMS PAGE


Last Modified: 11 December 2017


Thank you for using Akvo Lumen. These terms of service (the “Terms”) govern your access to and use of Akvo Lumen (“we” or “our”) websites and services (the “Services”), excluding any services provided to you by Akvo Foundation under a separate written agreement, so please carefully read them before using the Services.

“Akvo” means Stichting Akvo (Akvo Foundation), whose principal place of business is:

‘s-Gravenhekje 1A,

1011 TG Amsterdam,

Netherlands.


By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising that you have the authority to bind that organisation to these terms. In that case, “you” and “your” will refer to that organisation.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Akvo Foundation and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you, however we will attempt to notify you through a public notice on our website or other means available. We may also remove any content from our Services at our discretion, specifically when the content breaches the Terms.


Your content

By using our Services you provide us with data that you submit to Akvo Lumen (together, “your content”). You retain full ownership of your content.

You grant us permission to work with your content to be able to provide the service, for example: hosting your files, publishing your visualisations, aggregating your data and reporting on the aggregated data. This includes product features visible to you, for example, datasets, visualisations and dashboards. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Google Container Engine, which we use for managing the service (again, only to provide the Services).

If required to do so by law, or in response to a court order or search warrant, we may disclose your content. Whenever possible, we will notify you in advance before sharing your content, so that you could make it available yourself.


Your Tenant

Only you have access to your own Akvo Lumen tenant. Access to the tenant is password protected. We encourage you to create strong passwords. Different user roles and permissions allow you to determine which users have access to what. It is your responsibility to ensure that only authorised persons have access to your Akvo Lumen tenant and thereby access to all data in it.

Selected Akvo Foundation staff and subcontractors have access to all the data in the Akvo Lumen system to be able to operate the service.


Akvo Lumen data privacy

An organisation that collects, keeps and processes information about individuals is referred to as ‘Data Controller’ in accordance with data protection rules set out by the EU General Data Protection Regulation. As the ‘Data Controller’ you are responsible for collecting data on individuals fairly, keeping it for lawful purposes only and for being in compliance with applicable national, EU and international privacy laws.

Akvo Lumen enables you to handle your data privately or share it publicly. There can be very good reasons for keeping data private. Data that can breach the privacy of an individual or a household should, for example, not be shared openly. There is a setting in Lumen that allows you to share a visualisation or a dashboard as a public link. In case there are any data privacy concerns, you may choose not to use this setting.


Data security

Akvo has strong data security and privacy protection policies, frameworks, and procedures in place. We run security checkups and apply security patches to maximise the level of protection available.

Akvo takes all reasonable precautions against system security breaches, but there are cases of data security breaches occurring in even the most secure systems in the world. As a consequence, Akvo holds the right not to work with partners whereby publication of data could lead to what Akvo Foundation deems to be undesirable consequences.

In the event of personal data breach, Akvo will notify the local Dutch data privacy supervisory authority within 72 hours of noticing it. This regulation is in place to limit instances of identity theft.


Data storage

Akvo Lumen makes use of cloud-based software and storage, which is quickly becoming the method of choice for companies and governments globally. Cloud-based software and storage has multiple advantages. Costs for storage are reduced, security levels are increased, data can be encrypted (during transmission and at rest), backups can be automated and kept safe. Cloud-based systems enable users to access their account from multiple locations and multiple devices – such as computers, tablets and phones – over the Internet.


Cloud storage service providers

Akvo Lumen uses database configuration, maintenance and backup services provided by ElephantSQL. This is a widely used service provider, which complies with US and EU regulations. Cloud storage allows our partners to use Lumen internationally across the globe with ease.


Regulations

The exact rules and regulations around storing data in the cloud are, in many countries, still under development, while cloud storage in practice is already commonly used by many people and organisations (for example by using Gmail or Dropbox). Some countries demand that data which is related to ‘national security’ be stored inside the country. Akvo has a policy in place not to work with partners on initiatives that aim to collect data that relates to these matters of national security. It is your responsibility to ensure that data is collected in compliance with national laws in countries where you use the service.


Sharing your content

In cases where partners analyse and visualise data that is not sensitive or private, we encourage partners to share the results, so it can support ‘the common good’. There is a specific setting in Akvo Lumen that enables you to generate a public link to a visualisation or a dashboard.

For data you agree to share it on the terms of the following license agreement:

Creative Commons Attribution-sharealike 3.0 Unported License [CC-BY-SA] (or later versions as applicable), which can be found in its entirety here: http://creativecommons.org/licenses/by-sa/3.0/

You are solely responsible for your conduct, your content and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review your public content for compliance with our Terms of Use, but you acknowledge that Akvo Foundation has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of your content or any other information you may be able to access using the Services.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.


Your responsibilities

You should only upload your content to the Service if you have the right to do so. You, not Akvo Foundation, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Akvo Foundation, are responsible for maintaining and protecting all of your content. Akvo Foundation will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.


Account security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Akvo Foundation of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Akvo Lumen, it is your responsibility to use a secure encrypted connection to communicate with the Services.


Software and updates

Akvo Lumen Software and the software which runs the Service is covered by an open source license, GNU Affero General Public License v3.0 [AGPL 3.0] (or later versions as applicable), which can be found in its entirety here: http://www.gnu.org/licenses/agpl-3.0.html



Akvo Foundation trademarks

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. These Terms do not grant you any rights to use the Akvo Foundations trademarks, logos, domain names, or other brand features.


Acceptable use

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Akvo Lumen Terms of Service.


Breach of Terms & Questions

If you are aware of any breach of these Terms or have any questions with regards to the Terms, please contact us at:

Akvo Foundation,

‘s-Gravenhekje 1A,

1011 TG Amsterdam,

Netherlands.

info@akvo.org


Other content

The Services may contain links to third-party websites or resources. Akvo Foundation does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

We reserve the right to collect usage data, application logs and metrics for our internal use only, to help us to troubleshoot, optimize and improve the product.


Termination

Though we’d much rather you stay, you can stop using our Services any time. Pre-paid services fees are not refundable. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.


Akvo Lumen is available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, the services and software are provided “as is”, at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Akvo Foundation will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some countries or states do not allow the types of disclaimers in this paragraph, so they may not apply to you.


Limitation of liability

To the fullest extent permitted by law, in no event will Akvo Foundation, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Akvo Foundation has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the services more than the greater of $20 or the amounts paid by you to Akvo Foundation for the past three months of the services in question. Some countries or states do not allow the types of limitations in this paragraph, so they may not apply to you.


Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.


Miscellaneous legal terms

These terms and the use of the services and software will be governed by Netherlands law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the court in Amsterdam, The Netherlands, and both parties consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and Akvo Foundation with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Akvo Foundation’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Akvo Foundation may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Akvo Foundation and you are not legal partners or agents; instead, our relationship is that of independent contractors.



Revision history

11 December 2017: First version published.