General Terms of Service

Introduction

Thanks for using the services of Milkyway d-Sign Factory B.V. & Milkymap Solutions B.V. (Milkymap). These General Terms of Service ("General Terms"), along with any applicable Additional Terms (defined below) (collectively, the “Terms”) cover your use and access to the products, services, software, platform and websites (collectively, "Services") provided by Milkyway d-Sign Factory B.V. and any of our affiliates (collectively, "Milkymap"). By using our Services, you agree to be bound by these General Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization. Please note that the statements set forth in the boxes are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.

You must be of legal age in your country of residence or otherwise able to form a binding contract with Milkymap to use the Services.

By using Milkymap, you are acknowledging and agreeing to abide by our Terms of Service. Additionally, you are required to be an adult, in accordance with the definition set by the country of your residence (typically, this means 18 years or older).

1. Trial Offers, Auto-Renewals and Paid Accounts

Milkymap makes available trial offers for the limited use of the Services (each, a "Trial Offer") to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start a Trial Offer, you will automatically join the paid membership you have chosen at the end of the Trial Offer and you authorize Milkymap to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable. If you wish to use additional Services beyond those included in the Trial Offer, you may be asked to separately purchase those Services or to upgrade to a paid membership prior to the end of the Trial Offer period. Please visit our Plans and Pricing page for additional details on our available memberships. We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive.

At the end of the trial or for a membership renewal, Milkymap may initiate automatic charges unless you inform us of your intention to cancel or downgrade your membership. You have the flexibility to downgrade an auto-renewing paid membership to a free account at any point in time.

To ensure uninterrupted service and to enable you to conveniently purchase additional products and Services, Milkymap will store and update (e.g. upon expiration) your payment method on file. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid membership until your designated payment method can be charged again. Please note that it is your responsibility to maintain current billing information on file with Milkymap.

If you have access to the Milkymap Services through a Program Sponsor (defined below), renewal of your membership will be determined by the separate agreement between Milkymap and the Program Sponsor. "Program Sponsor'' means any company, organization or affiliation that purchases Milkymap memberships on behalf of its members or employees.

Upon registering for a free trial, you will seamlessly transition to a paid membership at the conclusion of your trial unless you opt to cancel before then. Monthly memberships will automatically renew on a monthly basis, yet you retain the flexibility to cancel or downgrade at your convenience.

2. Refund Policy

We want you to be 100% satisfied with our Services. If there is a problem with the delivery of your Services or believe there has been an error in billing, please contact our Customer Service Department by email at hello@milkymap.com or by telephone at +31 85 40 11 670 immediately so that we can help you resolve the issue, provide a refund or offer credit that can be used for future Services when appropriate.

When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Milkymap experience. All refund requests must be made within 30 days of purchase.

Please note that certain services, such as registered agent services, monthly plans and annual plans, automatically renew, so if you do not want your plan to renew, please cancel your subscription in your online account, if you have any issues cancelling please contact us at hello@milkymap.com or by telephone at +31 85 40 11 670 before the renewal date of your plan.

We are happy to provide refunds in the event of billing errors or issues with the delivery of your services. However, unless there is a valid reason, we do not issue refunds for services that have already been utilized.

3. Membership Downgrade

To downgrade your membership online, please go to your account and select ‘manage Your subscription’ . Alternatively, you may email our customer service team at service@milkymap.com.

Please note that if you choose to downgrade your membership, Milkymap reserves the right to collect fees from you to cover fees charged to Milkymap or its agents on behalf of your account. In addition, if you fail to provide a payment on time, Milkymap reserves the right to downgrade your membership without prior notice. Please note that downgrading does not affect your ability to access the content you created through Milkymap's Service.

You have the flexibility to downgrade your account at any given moment. In the event of non-payment, we reserve the right to initiate a downgrade on your behalf.

4. Termination of Membership and Access Restriction

Milkymap reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of some or all of the Services if you violate these Terms or use the Services in a manner that may expose us to legal liability, disrupt the Services or disrupt others' use of the Services.

If Milkymap elects to terminate your membership, Milkymap will provide you with notice at your registered email address. Milkymap also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Milkymap will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership or access to the Services.

Milkymap reserves the authority to downgrade or cancel your account at its discretion. Such actions are exceptionally rare and would only be considered in instances where there is a violation of the Terms, a breach of the law, or misuse of the service.

5. Ownership and Preservation of Your Content

Milkymap does not claim ownership of any content you either create or upload and store using our Services ("Content"). You grant permission for Milkymap to use your Content in connection with providing Services to you.

You acknowledge and agree that Milkymap may preserve the Content as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Milkymap, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over third party networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Milkymap has no responsibility or liability for deleting or failing to store any Content maintained or uploaded in the Services.

The content crafted and stored in your account are rightfully yours. However, in situations where mandated by law or for valid reasons, we retain the right to share them with law enforcement or other relevant entities.

6. Consent to Receive Emails

By creating an account, you agree that you may receive communications from Milkymap, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from promotional communications by clicking the "Unsubscribe" link in the footer of the actual email. You cannot opt out of essential communications regarding your account, such as renewal notices.

Milkymap may communicate with you via emails; however, you have the option to unsubscribe from promotional emails at your convenience.

7. Intellectual Property Rights; License Grant

Milkymap retains all right, title and interest in and to its products and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, articles, document templates and all related intellectual property rights. Except as otherwise provided in the Terms, you may not, and may not permit others to:

Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and Services (other than content you create through your membership, which you may use for your own personal use);
Sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and Services; or
circumvent or disable any security or technological features of our products and Services.

The design, text, graphics and selection and arrangement of our Services and the legal forms, documents, guidance and all other content found on our Service ("Service Content") are copyright © Milkymap . All rights reserved.

Milkymap Galaxy, Milkymap CX Life Cycle Model® are registered trademarks. These and any other Milkymap product or Service names, logos or slogans displayed on our Service are trademarks of Milkyway d-Sign Factory BV. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Milkymap is the service mark, trademark and/or trade dress of Milkymap Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as granting any license or right to use any of Milkymap's or any third party’s trademarks displayed on our Services. All goodwill generated from the use of Milkymap's trademarks is reserved for the use of Milkymap, exclusively.

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non- transferable, revocable license to use the Services as we intend for them to be used. As a registered Milkymap user, you are the owner of and are fully authorized to keep, for your own personal records, electronic or physical copies of all content you have created on Milkymap.

When you transmit public-facing user content on Milkymap, you hereby grant Milkymap and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation or compensation to you. You acknowledge and agree that Milkymap is authorized to collect and use aggregated or anonymized information from or about you and other users and user-created content for the purposes of researching, developing, improving and marketing its Services.

Resale or unauthorized copying, use, storage, display or distribution of forms, articles, documents or other materials copied or downloaded from our Service is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express written consent of Milkymap. Any rights not expressly granted in these Terms are reserved by Milkymap.

The Milkymap logo, software, trademarks, products, and Services belong to us. You agree not to copy or sell any of our intellectual property. As long as you follow these Terms, you're welcome to use all Milkymap Services in the manner intended. The content you create are yours for personal use, but you can't sell or give away the Milkymap template they're based on.

8. Links to Third Party Sites

Milkymap's Service may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Site(s)." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you.

Milkymap does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Milkymap is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Linked Sites.

If you use any service provided on a Linked Site, (a) Milkymap will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Milkymap does not warrant or support any service provided by the third party.

The links we provide to other websites are for your information only. We don't endorse and are not responsible for the content on those sites.

9. Disclaimer of Representations and Liability

Please read this section carefully as it affects your rights

The information, software, products, and Services made available through Milkymap may include inaccuracies or typographical errors. Milkymap reserves the right at any time to modify, improve, suspend or deprecate certain features of our Services. Legal Information received via Milkymap should not be relied upon exclusively for personal, medical, legal or financial decisions; rather, we recommend you use information from our Service in conjunction with the advice of a qualified professional tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, MILKYMAP AND ITS AFFILIATES, SUBSIDIARIES, PROGRAM SPONSORS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS” AND “AS AVAILABLE." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA OUR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS WITHOUT CONSULTING AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MILKYMAP, ITS AFFILIATES, SUPPLIERS, PROGRAM SPONSORS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MILKYMAP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, MILKYMAP'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO MILKYMAP FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

While we do our best to make sure everything is accurate and up to date, your use of our Services is at your own risk. Please don't make personal, medical, legal, or financial decisions without consulting a professional.

10. Release and Indemnity

By using our Service, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Milkymap, its partners (including any third- party companies engaged by Milkymap to fulfill business formation, registered agent or other business filing orders), your Program Sponsor (if applicable) and its affiliates, and its and their respective officers, employees, directors and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnify and hold Milkymap, its partners (including any third-party companies engaged by Milkymap to fulfill business formation, registered agent or other business filing orders), your Program Sponsor (if applicable) and its affiliates, and its and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

Program Sponsors are expressly intended third-party beneficiaries of the provisions of these Terms that expressly apply to Program Sponsors including, without limitation, this Section 17 (Release and Indemnity) and Section 12 (No Unlawful or Prohibited Use).

Milkymap is not responsible for anything that happens as a result of you violating these Terms, violating someone else's rights, or a third-party claim.

11. Customer Concerns handling

Most customer concerns can be resolved quickly and to the customer's satisfaction by sending a request to our Customer Service Department at our portal https://service.milkymap.com. You can also email us at support@milkymap.com.

I there are any issues or concerns let us know and we will work with you to solve it.

12. Controlling Law

These Terms are governed by the law of the Netherlands, without regard to conflict of law rules.

These Terms are governed by The Law of the Netherlands.

13. Entire Agreement

These Terms constitute the entire agreement between you and Milkymap with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights other than as specifically stated in Section 17 of these Terms.

These Terms are the one and only official agreement between you and Milkymap.

14. Waiver, Severability and Assignment

Milkymap's failure to enforce a provision is not a waiver of its right to do so later. If a provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of the unenforceable language as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Milkymap may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

If for some reason Milkymap can't or doesn't enforce part of these Terms, the rest of the terms will still be valid.

15. Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. We encourage users to periodically review the Terms to ensure that you understand them in their entirety.

If you have any questions or concerns, please visit our Service Page or Contact Us at any time.

We will always post the most current terms here on our website.