Last modified: 9 May 2016
Thank you for using Akvo RSR. These terms of service (the “Terms”) govern your access to and use of Akvo RSR (“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 at:
1011 TG Amsterdam,
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 always attempt to notify you through a public notice on our web site, or other means as available, whenever we plan to stop, suspend or modify the service. We may also remove any content from our Services at our discretion, specifically when the content breaches the Terms of Service.
By using our Services you provide us with project information, data and images that you submit to Akvo RSR (together, “your content”). You retain full ownership of your content. We don’t claim any ownership to any of it. You do agree to share your content which you enter into the Akvo RSR system through the Akvo RSR system, for projects which you publish publicly, through the Akvo RSR Application Programming Interface (API) and the Services using open license agreements.
For images, for projects which you publish publicly, you agree to share them according to the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License [CC-BY-NC-SA] (or later versions as applicable), which can be found in its entirety here: https://creativecommons.org/licenses/by-nc-sa/3.0/
For data, for projects which you publish publicly, you agree to share it according to the terms of the following two license agreements:
Creative Commons Attibution-ShareALike 3.0 Unported License [CC-BY-SA] (or later versions as applicable), which can be found in its entirety here: https://creativecommons.org/licenses/by-sa/3.0/
Open Database License 1.0 [ODbL] (or later versions as applicable), which can be found in its entirety here: https://opendatacommons.org/licenses/odbl/1.0/
Content, images and data for private projects are not shared.
You grant us permission to work with your content, for example: hosting your files, publishing your public data site, aggregating your data and reporting publicly on the aggregated data. This includes product features visible to you, for example, image thumbnails or graphs from data. 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 Amazon, which provides our storage space (again, only to provide the Services).
To be clear, we do share your content openly both visually via the Services as well as the Services API. You can read more about privacy and security in the policy sections below. 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 Data Collection Guidelines, 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. For some of the Services, Akvo may provide tools to filter out explicit sexual content.
Akvo RSR data privacy
It is your responsibility to ensure that project information and updates that are published in RSR are suitable for publishing publicly on the Akvo RSR services and do not breach the privacy of individuals or households.
Akvo RSR users with assigned access to the Akvo RSR back-end have access to all data in your Akvo RSR instance. It is your responsibility to ensure that only authorised people have access to the Akvo RSR back-end.
Selected Akvo Foundation staff and sub-contractors have access to all the data in the Akvo RSR system.
Akvo RSR sensitive data
Updates which could cause serious harm if published or made available through other means should not be collected using Akvo RSR. If you have any questions about this, please contact your Akvo Foundation account manager.
It is your responsibility to ensure that no updates are published or collected using Akvo RSR which could cause serious harm to individuals or property.
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.
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 authorised that activity. You should immediately notify Akvo Foundation of any unauthorised use of your account.
Software and updates
Some use of our Service requires you to download a client software package (“Software”). Akvo RSR 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: https://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 other countries. These Terms do not grant you any rights to use the Akvo Foundations trademarks, logos, domain names, or other brand features.
Breach of terms and questions
If you are aware of any breach of these Terms or have any questions with regards to the Terms, please contact us at:
1011 TG Amsterdam,
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 or accuracy or any 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.
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 RSR 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.
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.
9 May 2015: Updated the ‘Your content’ area to reflect the addition of creation of private projects within Akvo RSR.
19 May 2015: Corrected several copy errors. Changed RSR Dashboard to RSR back-end.
17 October 2013: Corrected punctuation errors in address details.
8 October 2013: Added live links to relevant open licenses. Corrected several copy errors.
19 June 2013: New Akvo RSR Terms of Service document devised.