Terms of Use

Version: 23 October 2018

1. Introduction

1.1 Agreement
When you download our software application or use our Services you agree to all of the following terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, store, and protect your personal information.
You agree that by clicking “Join Now”, “Join InMutual”, “Sign Up” or similar, registering, accessing or using our Services (described below), you are agreeing to enter into a legally binding agreement with InMutual (even if you are using our Services on behalf of a company) which you can terminate at any time. If you do not agree to this agreement (“Agreement” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this agreement, at any time you can do so by closing your account and no longer accessing or using our Services. If you wish to be forgotten entirely within our records then contact us at support@inmutual.com and we will remove all your personal data excluding any data we are obliged to keep under law.

1.2 Services
This Agreement applies to InMutual B.V., InMutual group companies InMutual-branded apps, and other InMutual-related sites, apps, communications and other services that state that they are offered under this Terms of Use (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Attendees”. This Agreement applies to Members and Attendees.

1.3 InMutual
You are entering into this Agreement with InMutual (also referred to as “we” and “us”).
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
If you reside in the Designated Countries, you are entering into this Agreement with InMutual B.V. InMutual B.V. will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. If you reside outside of the Designated Countries, you are entering into this Agreement with InMutual B.V. and InMutual B.V. will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

1.4 Members and Attendees
When you register through a specific business event, conference, seminar or exhibition (henceforth “Event”) you become an Attendee. If, after the conclusion of the event, you decide to opt-in and continue using the InMutual Service you will be asked to become a Member. If you register and join InMutual directly you are a member.

1.5 Changes
We may make changes to this Agreement.
We may modify this Agreement and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send notice about our changes to these terms means that you are consenting to the updated terms.

 

2. Obligations

2.1 Service Eligibility
As part of the agreement you are representing to us that:
You’re eligible to enter into this Agreement and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age“ (2) you will only have one InMutual account, which must be in your real name; and (3) you are not already restricted by InMutual from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for InMutual to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account
You will not share your password with anyone else. It is your personal password. We will never ask you for your password in email communication or other. You only need it to login to your account on our Service.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., mutuals) and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse. Your account belongs to you.

2.3 Payment
We only charge InMutual Clients for services and these are subject to a separate agreement. Members and Attendees are not charged for services nor do we hold any payment information.

2.4 Notices and Messages
You agree to us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit notification you receive from us

2.5 Sharing
When you share information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, attendance at past, current and future events, objectives and activity feeds for events and networking groups. Information and content that you share or post may be seen by other Members, or Attendees or others.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

 

3. Rights and Limits

3.1. Your License to InMutual
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honor the choices you make about who gets to see your information and content,
As between you and InMutual, you own the content and information that you submit or post to the Services, and you are only granting InMutual and our affiliates. Affiliates are companies controlling, controlled by or under common control with us, a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  3. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others

You and InMutual B.V. agree that if content includes personal data, it is subject to our Privacy Policy.
You and InMutual agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to InMutual, you agree that InMutual can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your InMutual profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. InMutual may be required by law to remove certain information or content in certain countries.

3.2 Service Availability
We may change, suspend or end any Service. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
InMutual is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites, Apps, Clients
We refer occasionally to “Clients”. InMutual provides / may provide in the future ancillary services to third parties who become InMutual Clients. We provide these paid services to Clients based on macro information provided by our members or access to our Members via targeted ads and/or survey questions on our Services. Our Members can give or withdraw permission at any time to be accessible as part of our Client service. Attendee information is not shared with anyone other than the event organiser with whom the Attendee is attending an event.
Your use of others’ content and information posted on our Services, is at your own risk.
Others (Clients) may offer their own products and services through our Services, InMutual is not responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. InMutual generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, InMutual is not responsible for these other sites and apps – use these at your own risk.

3.4 Limits
We have the right to limit how you connect and interact on our Services. InMutual reserves the right to limit your use of the Services, including the number of your mutuals and your ability to contact other Members. InMutual reserves the right to restrict, suspend, or terminate your account if InMutual believes that you may be in breach of this Agreement or law or are misusing the Services (e.g., violating any of the Dos and Don’ts

3.5 Intellectual Property Rights
InMutual reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. InMutual, and other InMutual trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of InMutual.

3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We will use the information and data that you provide and that we have about Members and Attendees to make recommendations for mutuals, content and features that may be useful to you. For example, we use data and information about you to show you Members and Attendees that are of interest to you as you share objectives from opposite angles and have shared events in the past or future. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

 

4. Disclaimer and Limit of Liability

4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, INMUTUAL AND ITS AFFILIATES (AND THOSE THAT INMUTUAL WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS INMUTUAL HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), INMUTUAL AND ITS AFFILIATES (AND THOSE THAT INMUTUAL WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF INMUTUAL AND ITS AFFILIATES (AND THOSE THAT INMUTUAL WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT of £100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND INMUTUAL AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, AGREEMENT, LAW) AND EVEN IF INMUTUAL OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

 

5. Termination

We can each end this Agreement anytime we wish.
Both you and InMutual may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Attendees’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections 4, 6, 7, and 8.2 of this Agreement;
  • Any amounts owed by either party prior to termination remain owed after termination.

You can mail us at support@inmutual.com to close your account.

 

6. Governing Law and Dispute Resolution

This Agreement shall be governed and interpreted by the laws of England and Wales. Both parties hereby consent to such personal and exclusive jurisdiction. In the unlikely event we end up in a legal dispute, InMutual and you agree to resolve it in the courts of England and Wales.

 

7. General Terms

Here are some important details about the Agreement.
If a court with authority over this Agreement finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only. This Agreement
(including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Agreement, that does not mean that InMutual has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that InMutual may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

 

8. InMutual “Dos and Don’ts”

8.1. Dos
InMutual is a community of professionals. This list of “Dos and Don’ts” limit what you can and cannot do on our Services.
You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name on your profile; and
  4. Use the Services in a professional manner.

8.2. Don’ts
You agree that you will not:

  1. Upload, share, post, or otherwise distribute or facilitate distribution of any Content that:
    • is unlawful, threatening, abusive, harassing, defamatory, offensive, libelous, deceptive, fraudulent, invasive of another’s privacy, harms another person(s) in any other way or otherwise violates our rules or policies;
    • promotes violence or sedition, incites criminal acts, provides instructions on how to commit criminal acts, contains explicit or graphic descriptions or accounts of pornography or sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
    • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    • constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    • impersonates any person or entity, including any of our employees or representatives.
  2. Create a false identity on InMutual, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  3. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  4. Override any security feature or bypass or circumvent any access controls or use limits of the Service;
  5. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of InMutual;
  6. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  7. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  8. Violate the intellectual property or other rights of InMutual, including, without limitation, (i) copying our materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using our logos in any business name, email, or URL except with our explicit written permission;
  9. Post anything that contains software viruses or any other harmful code;
  10. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  11. Imply or state that you are affiliated with or endorsed by InMutual without our express consent (e.g., representing yourself as an accredited InMutual trainer);
  12. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without InMutual’s consent;
  13. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without InMutual’s consent;
  14. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  15. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  16. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  17. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  18. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  19. Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

 

9. Complaints Regarding Content

Contact information for complaint about content provided by our Members or Attendees.
We respect the intellectual property rights of others. We require that information posted by Members or Attendees be accurate and not in violation of the intellectual property rights or other rights of third parties. If you have a complaint please contact us via support@inmutual.com.

 

10. How To Contact Us

Our Contact information.
If you want to send us notices or service of process, please contact us at online via: support@inmutual.com

Or by post to:

InMutual B.V.
Rigakade 10
1013BC Amsterdam
The Netherlands