Microting Terms of Use

Please read this document carefully before accessing or using Microting. Graciously adapted from myBalsamiq.

Introduction

English, not Legalese

Most Terms of Service and Privacy Policy documents are unreadable. They are written by lawyers and for lawyers, and in our opinion are not very effective.

Because we believe in establishing long-term relationships with our customers,

When you read Microting or Microting Services or we below, it refers to Microting A/S (contact information), its affiliates and agents.

Should you have other questions or concerns about this document, please send us an e-mail at info@microting.com.

Using Microting means accepting these terms

By accessing or using Microting Services in any way, whether you have created your own Microting account, or are just browsing around, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access Microting Services.

This is a living document

This is a living document. With your help, we want to make it the best in the industry.

If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We’re all ears! Email info@microting.com and we’ll chat.

We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone.

We will likely improve this document over time. By continuing to use the site, you will implicitely accept the changes we make.

Your access and use of Microting Services is always subject to the most current version of this document.

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use Microting automatically terminates. Any materials downloaded or printed from Microting in violation of the Terms of Use must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of Microting at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you think we removed your access by mistake, get in touch and we’ll give you our reasoning. We also have a quick way to restore access without losing any of your data.

Support

Support for Microting Services is provided via phone + 45 66 11 10 66

Email support is also included. get support

Access to your data

What personal data do you collect and why?

We collect the following personal data:

Name
E-mail address
Company Name
Billing address
EAN-number (Only applies to Danish public organizations)

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from microting.com in order for you to use Microting.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?

No-one. We never store your password unencrypted, so no-one can read it.

It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Microting immediately.

If you forget your password, we send you a secure link via email that lets you reset it.

What are the guidelines Microting follows when accessing my data?

We restrict who at Microting can access customer data to only senior members of the team, and never to outside contractors
We only do it in response to a customer support question.
We only do it in order to debug and fix the issue.
We never make changes to anything unless explicitly requested by a site owner.
We never ever ever share what we see with other customers or the general public.
We might give access to Danish authorities if requested in writing. We’ll try not to, but we don’t have the resources to fight the government. We’ll also keep your site owner informed as much as we can if this happens.

How is my data protected from another customer’s data?

All of our customers’ data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we’re doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people’s data.

How are you protecting my data from hacker attacks?

All of our servers are highly physically secured at the Microting’s data centers. We also have our own practices in place, which follow the industry’s best practices. We keep our servers always up to date with security fixes, have one-click ways to take down servers should they become infected/compromised and to create and deploy new clean ones.

What should I do if I find a security vulnerability in Microting?

If you have discovered a security concern, please email us at support@microting.com. support@microting.com our highest priority, and work to address any issues that arise as quickly as possible.

Please act in good faith towards our users’ privacy and data during your disclosure. We won’t take legal action against you or administrative action against your account if you act accordingly: White hat researchers are always appreciated.

Intellectual Property Rights

Who owns Microting materials?

Microting materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Microting produced by Microting.

Microting materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Microting Materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Microting service or Microting Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of Microting or other third parties. You are not permitted to use them without the prior written consent of Microting or such third party that may own the Marks. Microting and the Microting logo are trademarks of Microting, licensed to Microting.

Microting materials may not be modified or altered in any way.
Microting materials on the Microting Services may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
You may not remove any copyright or other proprietary notices contained in the Microting materials.
You may not copy or distribute any graphics in the Microting materials apart from their accompanying text.
You will not quote or display Microting materials, or any portions thereof, out of context.
Microting reserves the right to revoke the authorization to view, download and print the Microting materials available via Microting Services at any time, and any such use shall be discontinued immediately upon notice from Microting.
The rights granted to you constitute a license and not a transfer of title.
Any Microting materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.

Who owns the IP of my entered data and assets?

Microting does not claim intellectual property rights over data created on Microting.

We leave it to each customer to decide who should own the IP of the data created using their Microting Services. We encourage data owners to make their policy clear to their data users, either via email or by analog writing.

You acknowledge and agree that Microting has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the terms of use or other limitations that you may impose on the use of your shared content.

Microting does not pre-screen user materials that users provide or otherwise submit via Microting; however, Microting may remove any posted or submitted user materials from Microting for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Use, including all the rights necessary for you to post or submit your user materials.

In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with Microting and as otherwise permitted by these Terms of Use; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images.

You are solely and entirely responsible for all of your user materials that you post or otherwise submit via Microting. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Microting does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using Microting, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

Reliability

Do you guarantee that Microting will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

That said, high reliability is something we are proud of and something we deliberately chose to compete on. That’s why we have hired developers, system administrators and support staff all over Europe.

We monitor Microting closely and have set up automated alarms to be notified (via email and SMS) when the Microting service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that Microting shall not be liable for any failure to store your materials on Microting at any time.

Play Nice Clauses

Use of Microting

You agree that you shall not:

Collect, harvest or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Microting server, whether through hacking, password mining or any other means.
Access or attempt to access any material that you are not authorized to access.
Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the Microting Services, Microting materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Microting or any affiliated or linked sites.
Transmit unsolicited or bulk communications to any Microting account holder or to any microting.com or affiliated e-mail address.
Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
Create a false identity for the purpose of misleading others.
Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Disrupt, interfere or inhibit any other user from using and enjoying the Microting Services or other affiliated or linked sites, materials or services.
Access or use Microting in any manner that could damage, disable, overburden or impair any Microting server or the network(s) connected to any Microting server.
Violate any applicable laws or regulations related to the access to or use of Microting, or engage in any activity prohibited by the Terms of Use.
Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
Prepare, compile, use, download or otherwise copy any Microting user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of Microting or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use any Microting or Microting domain name as a pseudonymous return e-mail address.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Microting.

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Microting offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Microting materials, the Microting Services or another third-party service. You agree that you will not hold Microting responsible or liable with respect to the third-party services.

Restriction and Termination of Use

Microting may block, restrict, disable, suspend or terminate your access to all or part of Microting at any time in Microting’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Microting or on sites linked to from Microting, please provide written notification of claimed copyright infringement to the designated agent for Microting (identified below), which must contain the following elements:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
A description of where the content that you claim is infringing is located on Microting;
Information sufficient to permit Microting to contact you, such as your physical address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Links to Third Party Sites

Microting may include links that will take you to other sites outside of the Microting service. The linked sites are provided by Microting to you as a convenience and the inclusion of the links do not imply any endorsement by Microting of any linked site. Microting has no control of the linked sites and you therefore acknowledge and agree that Microting is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Microting is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Warranties and Disclaimers

The Microting Services and Microting materials are provided by Microting under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Microting makes no warranty that

the Microting service and Microting materials will meet your requirements;
the Microting service and Microting materials will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of Microting Services and Microting materials will be effective, accurate, or reliable;
the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and
any errors or defects in Microting Services and Microting materials will be corrected.

The Microting Services and Microting materials may include technical or other mistakes, inaccuracies, or typographical errors. Microting may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Microting Services and Microting materials may be out of date, and Microting makes no commitment to update the site, materials and services.

You acknowledge and agree that:

Microting does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
Microting makes no representations or warranties whatsoever about any such third parties, their materials or services;
any dealings you may have with such third parties are at your own risk; and
Microting shall not be liable or responsible for any materials or services offered by third parties.

Microting does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the Microting service and Microting materials and participation in any services. Managers, hosts, site owners, project members and other third parties are not authorized Microting spokespersons, and their views do not necessarily reflect those of Microting. To the maximum extent permitted by law, Microting will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Microting also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of Microting Services, Microting materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Microting assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Microting or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Microting will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold Microting and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through Microting, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
your access to or use of Microting (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Microting);
your connection to Microting;
your violation of the Terms of Use;
the actions of any member of your work group, including non-logged in users you have granted access to your part of Microting Services;
your infringement of any third party’s intellectual property rights when using any of the software made available on Microting Services;
your violation of any rights of any third party;
your access to or use of linked sites and your connections thereto; or
any dealings between you and any third parties advertising or promoting via Microting.

International Users

The Microting Services can be accessed from countries around the world and may contain references to Microting products, services and programs that are not available in your country. These references do not imply that Microting intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Microting and its affiliates from their offices within Danmark. Microting makes no representation that the Microting service and Microting materials are appropriate or available for use at other locations outside The Kingdom of Denmark, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside The Kingdom of Denmark, you are responsible for compliance with all local laws.

Limitation of Liability

In no event shall Microting, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Microting has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

the access or use of or the inability to access or use the Microting Services or Microting materials;
the statements or actions of any third party on or via the site, services or materials;
any dealings with vendors or other third parties;
any unauthorized access to or alteration of your transmissions, user materials or other data;
any information that is sent or received or not sent or received;
any failure to store or loss of data, files, materials or other content;
any services available that are delayed or interrupted;
any web site referenced or linked to from this site; or
your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Governing Law and Jurisdiction

The Microting service (excluding linked sites) is controlled by Microting from its offices within the Kingdom of Denmark. By accessing Microting, you agree that all matters relating to your access to, or use of, Microting shall be governed by the statutes and laws of the Kingdom of Denmark, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

General

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via Microting or in connection with the Materials and Services constitute the entire agreement between Microting and you with respect to your access to or use of the Microting service and materials superseding any prior agreements between you and Microting on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Microting regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Microting services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Microting’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Microting to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.