Terms of service

These Terms of Service constitute a legally binding agreement between you and Mission H LLC (together with its subsidiaries and affiliates, "Mission H LLC," "Mission H," "we," "our" or "us") governing your use of our products, services, information, contents and tools, the Riffle application, and website at trusthumankind.org (the "Site" and collectively with the foregoing, the "Services").

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, INSTALLING THE RIFFLE APPLICATION, VISITING THE SITE, ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. We have no direct relationship with your end users and representatives ("End Users") or any person other than you. You agree to maintain binding terms of service governing your End Users' use of the Services that are consistent in all material respects with these Terms of Service.

These Terms of Service are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, "you" and "your" will refer and apply to your employer or such other legal entity.

Any personal data that you or your End Users submit to us or that we collect about you or your End Users is governed by our Privacy Policy ("Privacy Policy"), available at https://www.trusthumankind.org/privacy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this "Agreement."

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND MISSION H CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

1. Our Services

We provide a documentation synchronization platform that enables bidirectional sync between Atlassian Confluence and GitHub repositories ("Sync Functions").

If you purchase or use our Services, you're doing so through Mission H, and such purchase and use is subject to this Agreement; provided, that if you've entered into a separate agreement or order form with us governing the purchase or use of our Services, such separate agreement or order form will govern in the event of a conflict with this Agreement.

2. Account, Password, and Security

You must register with Mission H and create an account to use the Services (other than use of the Site that is accessible without registration) (an "Account") and as part of that process you will be requested to provide certain information, including without limitation your name and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. Prior to allowing any of your End Users to access or use the Services, you must prominently display or require acceptance by your End Users of binding terms of service governing their use of the Services that are consistent in all material respects with these Terms of Service. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you, and are responsible for all content uploaded to your Account or the Services through use of your Account. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Mission H immediately.

The person signing up for the Services will be the contracting party ("Account Representative") for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Representative in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Representative. As the Account Representative, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account.

By providing your email address and by using the Services, you hereby consent to Mission H's use of your email address in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of our Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages, or alterations. You may opt-out of receiving communications from us by modifying your Account settings or by emailing privacy@trusthumankind.org.

3. Services and User Content

"User Content" is defined as any content, information, and materials that you or any of your End Users configure for synchronization through the Services, including Confluence pages, GitHub Markdown files, and associated metadata. When you configure User Content for synchronization, the Services will produce synchronized copies of such content across your connected platforms ("Synchronized Output," and together with User Content, "Service Content").

You are solely responsible for your User Content, including compliance with applicable laws and the Agreement. To the extent that any User Content contains personal data of any individuals, you are responsible for making sure that you have the appropriate permission and legal basis for us to collect and process information about those individuals. You authorize Mission H and its third-party providers to process your User Content to provide you with the Services. You agree that Mission H may use subprocessors to provide the Services to you. You acknowledge and agree that Mission H:

  • Is not involved in the creation or development of User Content.

  • Disclaims any responsibility for User Content or any personal data included in User Content.

  • Cannot be liable for claims arising out of or relating to User Content, including any personal data included in User Content.

  • Is not obligated to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Services at its sole discretion.

You hereby represent and warrant to Mission H that your User Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with Mission H or purport that you are authorized to act as a representative or agent of Mission H; and (viii) will not create liability for Mission H or cause Mission H to lose (in whole or in part) the services of its ISPs or other suppliers.

By making available any User Content through the Services, you hereby grant to Mission H a worldwide, non-exclusive, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, and store such User Content on, through or by means of the Services, solely for the purpose of providing and operating the Services, including synchronizing content between your connected platforms. PROVIDED THAT WE WILL NOT USE, ACCESS, VIEW, COPY, DISTRIBUTE, LICENSE, SELL, TRANSFER, DISPLAY, PERFORM, STREAM, BROADCAST OR OTHERWISE EXPLOIT YOUR USER CONTENT IN ANY MANNER THAT WOULD CAUSE YOUR USER CONTENT TO BECOME PUBLICLY AVAILABLE OR AVAILABLE TO ANY UNAUTHORIZED THIRD PARTY. We may use anonymized, aggregate usage and system data from the Services for any business purpose. We do not claim any ownership rights in any User Content, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content.

4. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services:

  • for any unlawful purpose;

  • to conduct any unlawful acts or solicit others to perform or participate in any unlawful acts;

  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

  • to use the Services for any purpose or in any manner that infringes upon or violates the rights, including but not limited to intellectual property rights, of us or any third party;

  • to harass, abuse, insult, harm, defame, slander, stalk, threaten, disparage, intimidate, discriminate in any way, including, but not limited to, discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or otherwise violate the legal rights (such as of privacy or publicity) of any other users of the Services or Mission H's employees, affiliates, or partners or the employees, affiliates, or partners of any other platform or integration with which Mission H does business;

  • to submit false or misleading information;

  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;

  • for any obscene or immoral purpose;

  • to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;

  • to interfere with or carry out any activity that threatens the performance, security, or proper functioning of the Services;

  • to attempt to compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;

  • to attempt to access unauthorized Accounts or to collect or track the personal information of others;

  • to abuse any trial offerings with respect to the Services;

  • in any way that violates the policies of any other platform or integration with which Mission H does business, including the Atlassian Marketplace Developer Agreement, Atlassian Cloud Terms of Service, and GitHub Terms of Service;

  • to copy, distribute, or disclose any part of the Services in any medium other than as allowed by the Services and these Terms of Service;

  • to use any automated system (other than any functionalities of the Services), including without limitation "robots," "spiders," "offline readers," etc., to access the Services;

  • to transmit spam, chain letters, or other unsolicited email or attempt to phish, pharm, pretext, spider, crawl, or scrape;

  • to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;

  • to attempt to decipher, decompile, disassemble, or reverse engineer any of the software or algorithms used to provide the Services;

  • in a manner that violates any technical documentation, usage guidelines, or parameters; or

  • to encourage or enable any other individual to do any of the foregoing.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (1) access, tamper with, or use non-public areas of the Services or Mission H's computer systems; (2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (3) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Mission H and third-party integrations authorized by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Mission H; (4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (5) interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

We preserve the right to limit access to the Services for users whose actions result in degrading the experience of other users of the Services, Mission H's employees, affiliates, or partners or the employees, affiliates, or partners of any other platform or integration with which Mission H does business.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce these Terms of Service, including investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of Mission H, its users and the public. Mission H does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

5. Representations and Warranties; Compliance with Laws

You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services and (ii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.

You are responsible for determining whether the Services are suitable for you to use in light of any applicable regulations such as EU Data Privacy Laws or other laws. If you are subject to regulations (such as HIPAA) and you use the Services, then we will not be liable if our Services do not meet those requirements. You may not use the Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. You are also responsible for notifying your End Users of data collection in connection with the Services, as required by applicable law.

If you are located in the European Economic Area ("EEA") or serve end-users in the EEA market, you represent and warrant that in using the Services, you:

  • Will obtain consent or use any other available, legally valid mechanism to (i) transfer data to Mission H and (ii) cause such data to be processed;

  • Will comply with your posted privacy policy;

  • Have collected, stored, used, and transferred all data relating to any individual in compliance with all applicable data protection laws and regulations, and have the necessary permission to allow Mission H to receive and process such data on your behalf;

  • Acknowledge that Mission H acts as the processor of such data and you remain the controller of such data for purposes of all applicable data protection or privacy laws and regulations;

  • Agree not to use the Services to collect, manage or process sensitive customer information, for which Mission H will bear no responsibility or liability; and

  • Agree to indemnify and hold Mission H and its officers and directors harmless from any claims, demands, and losses, including attorney's fees, arising out of your breach of any part of the representations and warranties in this Section 5.

You hereby warrant and represent that, other than as fully and promptly disclosed to Mission H as set forth below, you do not have any motivation, status, or interest that Mission H may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Mission H in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.

6. Billing and Payment

Payments for the Services are processed through the Atlassian Marketplace. By purchasing a subscription to the Services through the Atlassian Marketplace, you agree to the Atlassian Marketplace Terms of Use and any applicable payment terms. Please note that Mission H is not a party to the Atlassian Marketplace Terms of Use with respect to payment processing, and Mission H has no obligations, responsibility or liability for payment processing conducted by Atlassian.

All prices and fees displayed on the Services or the Atlassian Marketplace are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future ("Taxes"). Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

Our charges for subscription plans (monthly, annual or other period, as applicable from time to time) and fees for any additional Services are posted on the Atlassian Marketplace listing or otherwise communicated to you in writing and may be changed from time to time. If you have signed up for a Mission H subscription plan (each a "Subscription Plan") and any part of a month, year or other period is included in the term, then payment will be due for the full month, full year, or full other period as applicable.

We may change our fees at any time by updating the Atlassian Marketplace listing and/or sending you a notification by email.

From time to time, we may offer trials of paid Services for a specified period without payment or at a reduced rate (a "Trial"). We reserve the right to determine eligibility for any Trial. The Trial Period shall continue for the period as advertised.

UNLESS YOU CANCEL A TRIAL BEFORE THE END OF THE TRIAL PERIOD, YOU WILL AUTOMATICALLY BECOME A RECURRING SUBSCRIBER TO THE SERVICES YOU CHOSE TO SIGN UP FOR UNDER THE TRIAL AND WILL BE CHARGED THE THEN-CURRENT APPLICABLE PRICE THROUGH THE ATLASSIAN MARKETPLACE. IF YOU CANCEL THE TRIAL DURING THE TRIAL PERIOD, YOU WILL LOSE ACCESS TO THE SERVICES. TO CANCEL, UNINSTALL THE RIFFLE APPLICATION FROM YOUR ATLASSIAN INSTANCE VIA THE ATLASSIAN MARKETPLACE.

7. Termination and Suspension

Unless otherwise agreed to in writing between you and Mission H, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel your subscription and uninstall the Riffle application at any time via the Atlassian Marketplace, or by written notice to legal@trusthumankind.org. After cancellation, you will no longer have access to the Services. The provisions of these Terms of Service that by their content or meaning are intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.

We reserve the right to refuse the Services to anyone for any reason at any time. Mission H may terminate or limit your right to use the Services in the event that we are investigating or believe that you have breached any provision of this Agreement without any notice. If Mission H terminates or limits your right to use the Services pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you. Mission H reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 14 of these Terms of Service.

Mission H reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. Mission H is not liable to you for any modification or discontinuance of all or any portion of the Services. Mission H has the right to restrict anyone from completing registration as a user if Mission H believes such person may threaten the safety and integrity of the Services, or if, in Mission H's discretion, such restriction is necessary to address any other reasonable business concern.

Following the termination or cancellation of your Account, we reserve the right to delete all your data, including any User Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or canceled.

8. Links to Third-Party Websites

The Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Mission H or association with those websites, their content or their operators. Such links are provided as an information service, for reference and convenience only. Mission H does not control any such websites and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Mission H is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Mission H expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold Mission H harmless from any liability that may result from the use of links that may appear on the Services.

9. Third-Party Integrations

As part of the functionality of the Services, you will connect your Account with third-party services, specifically Atlassian Confluence and GitHub ("Third-Party Integrations"), by either: (i) providing your Third-Party Integration login information or authorization tokens through the Services; or (ii) allowing Mission H to access your Third-Party Integration account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Integration. You represent that you are entitled to grant Mission H access to your Third-Party Integration account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Integration and without obligating Mission H to pay any fees or making Mission H subject to any usage limitations imposed by such third-party service providers.

By granting Mission H access to any Third-Party Integrations, you understand that (1) Mission H may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Integration account (the "Integration Content") so that it is available on and through the Services via your Account, and (2) Mission H may submit and receive additional information to your Third-Party Integration account to the extent you are notified of this when you link your Account with the Third-Party Integration. You acknowledge and agree that Mission H does not monitor or control Third-Party Integrations or how a Third-Party Integration uses or processes User Content or personal data after such is exported to a Third-Party Integration. Unless otherwise specified in these Terms of Service, all Integration Content, if any, shall be considered to be User Content.

Mission H does not guarantee that the Services will maintain integrations with any Third-Party Integration, and Mission H may disable integrations of the Services with any Third-Party Integration at any time with or without notice to you. Please note that if a Third-Party Integration or associated service becomes unavailable or Mission H's access to such Third-Party Integration is terminated by the third-party service provider, then Integration Content may no longer be available on and through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY INTEGRATION ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY PROVIDERS, INCLUDING THE ATLASSIAN CLOUD TERMS OF SERVICE AND GITHUB TERMS OF SERVICE. You are solely responsible for complying with any relevant terms and conditions of the Third-Party Integrations and maintaining appropriate accounts in good standing with the providers of the Third-Party Integrations. Mission H makes no effort to review any Integration Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Mission H is not responsible for any Integration Content.

You acknowledge and agree that we provide access to such Third-Party Integrations on an "as-is" and "as-available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third-Party Integrations. Any use by you of Third-Party Integrations offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party Integration. For clarity, these Terms of Service govern your use of and access to the Services, even if accessed through a Third-Party Integration.

10. Ownership and Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, images, software, videos, designs, trademarks, logos, typefaces and other content that users see or read through the Services, other than any User Content (collectively "Proprietary Material"), is owned by Mission H. You hereby grant Mission H a non-exclusive license to use User Content in order to provide the Services, including performing synchronization between your connected platforms. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Mission H owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Mission H's express prior written consent and, if applicable, the holder of the rights to the User Content.

Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Mission H and, if applicable, the holder of the rights to the User Content.

The service marks and trademarks of Mission H, including without limitation Mission H and Riffle logos, are service marks owned by Mission H. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve our services or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Mission H under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive, nontransferable, freely revocable license to access and use the Services. We may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights, excluding any User Content (the "Mission H Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Mission H or, as applicable, its licensors.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Mission H Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

11. Copyright Complaints and Copyright Agent

Mission H respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property right, please send the following information to Mission H's Copyright Agent at Mission H LLC, Massachusetts, USA; email: legal@trusthumankind.org

  • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material you claim is infringed is located. Include enough information to allow Mission H to locate the material, and explain why you think an infringement has taken place;

  • A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

  • Your address, phone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Mission H and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Mission H in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Mission H upon termination of this Agreement for any reason whatsoever.

The term "Confidential Information" shall mean any and all of Mission H's trade secrets, confidential and proprietary information, and all other information and data of Mission H that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Mission H or Mission H's business, operations or properties, including information about Mission H's staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MISSION H MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE RELIABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SERVICES, ANY CONTENT PROVIDED BY THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO OR FROM THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) BUGS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, BUSINESS INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

MISSION H DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF SYNCHRONIZED OUTPUT. YOU ARE RESPONSIBLE FOR VERIFYING THAT CONTENT HAS BEEN CORRECTLY SYNCHRONIZED BETWEEN YOUR CONNECTED PLATFORMS. NO INFORMATION OR OUTPUT OBTAINED BY YOU FROM MISSION H OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

UNDER NO CIRCUMSTANCES WILL MISSION H AND AFFILIATES OR THEIR CORPORATE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY MISSION H, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MISSION H AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO MISSION H DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

14. Indemnification

You hereby agree to indemnify, defend, and hold harmless Mission H and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the "Indemnified Parties") from and against any and all liabilities incurred in connection with (i) your use or inability to use the Services, (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party; and (iv) any content submitted by you or using your Account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Mission H reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Mission H.

15. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND MISSION H CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND MISSION H TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, you will contact us at legal@trusthumankind.org, and you and Mission H will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a "Dispute." Except for the right to seek injunctive or other equitable relief described under the "Binding Arbitration" section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.

Binding Arbitration. You and Mission H agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this "Dispute Resolution" section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 14 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Mission H otherwise agree, the arbitration will be conducted in the Commonwealth of Massachusetts. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Mission H submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the AAA Rules, and these Terms of Service. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Disclaimer of Warranties" section above as to the types and the amounts of damages or other relief for which a party may be held liable.

Fees. Each party's responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

CLASS ACTION WAIVER. YOU AND MISSION H AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Opt-Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by emailing legal@trusthumankind.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

Changes to This Section. Mission H will provide 30 days' notice of any changes to this section by posting on the Services or sending you an email. Amendments will become effective 30 days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the 30th day.

16. Governing Law; Venue

These Terms of Service and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service that is not subject to arbitration, as set forth above, shall be the state and federal courts located in the Commonwealth of Massachusetts, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

17. General Provisions

Entire Agreement. This Agreement, together with any amendments and any additional agreements you may enter into with Mission H in connection with the Services, shall constitute the entire agreement between you and Mission H concerning the Services.

Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Mission H's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement will continue in full force and effect.

Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without Mission H's prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null. Mission H may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications provided by Mission H under this Agreement, including those regarding modifications to this Agreement, will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that Mission H provides in connection with your Account and/or your use of the Services.

Force Majeure. Mission H shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Mission H, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Mission H's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties hereto.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Mission H LLC Massachusetts, USA Email: legal@trusthumankind.org Website: https://trusthumankind.org