Users are responsible for activities undertaken within their account and curated content. Metro Retro is not liable for any acts or omission by users, or new users invited to participate, in the software or board.
In using Metro Retro, the content curated by a user is completely under their control and within their responsibility. The Metro Retro boards or workspaces created by a user (including content created by new, invited users) are controlled by the board owner, and they are liable for any issues resulting from the content created within these boards.
Metro Retro acknowledges that there is potential for users to create content that violates privacy or publicity rights; or infringes intellectual and other proprietary rights. Metro Retro disclaims any responsibility for any harm or use of this content created by any user. This also applies to any Metro Retro curated content used or removed to any other sites or software by users.
Metro Retro have no warranty agreements for it’s services and offer neither an error free or continuous service. In using Metro Retro you are accepting of these terms, and the impact of such potential limitations to the service e.g. loss of data on an active board.
If you have any questions or concerns, feel free to email us at email@example.com. If you do not accept these Terms, do not access or use the Service.
Metro Retro is a trading name of Deqo Software Limited, a company incorporated in England with registered number 11594409 whose registered office is at 93 Dale Wood Rd, Orpington BR6 0BY.
1.1 In these Terms, the following terms have the following meanings:
“Account” has the meaning set out in Clause 2.1;
“Board(s)”means a virtual space for collaboration accessible via a unique URL provided by Metro Retro.
“Content” means the Boards and any image, text, vote, comment or other data record added to a Board by a User,:
“Owner(s”)means for each Board the User that created that Board;
“Service” means the right to use the software provided by Metro Retro to create Boards, publish and distribute text and image Content on Boards and the provision of the Boards.
“Subscriber” means a User who has paid for a valid Subscription;
“Subscription Period” means the period of a valid Subscription'
“Subscription” has the meaning set out in Clause 4.1’
“Terms” means these Terms and Conditions;
“User(s)”means individuals that have registered an Account and/or who create or are authorised to use a Board under these Terms;
“Website” means the Metro Retro website.
1.2 These Terms include the Data Protection Policy, which is hereby incorporated by reference.
2.2 If a User creates an Account using an email address belonging to their employer or other entity, the User represent and warrant that they have authority to create an account on behalf of such entity and further agrees that Metro Retro may share your email address with and control of your account may be taken over by such entity (the “Corporate Customer”). Upon any such takeover, the administrator controlling the email account may be able to (i) access, disclose, restrict or remove information from that account, (ii) restrict or terminate your access to the Service and (iii) prevent you from later disassociating such account from the Corporate Customer.
3.1 Metro Retro grants the User a licence to create, to publish and distribute text and image content on Boards, for its own business purposes, including for the provision of seminars, workshops or the provision of your services to third parties, subject always to the restrictions on Content and obligations under these Terms.
3.2 Users may collaborate with other Users by joining Boards simultaneously. Boards created within Metro Retro are directly linked to the Owner of that Board). The Owner can invite other Users can be invited to collaborate by sharing the unique URL of the Board and, if applicable, the Board password.
3.3 The Owner is responsible for all Content additions, updates and deletions made to their Board, including edits by all other Users that have been invited by them or their invitees. By inviting other Users, the Owner grants those Users a full licence to access, view and edit all content within that Board, as well as to invite further Users.
3.4 The Owners agrees not to post or allow to be posted or to remain displayed any content might infringe any applicable laws, regulations or third party rights, or that is obscene, indecent, pornographic, seditious, offensive, sexist, homophobic, defamatory, threatening, liable to incite racial or religious hatred, menacing, blasphemous, or in breach of any third party intellectual property rights on a Board. Users may not publish or cause to be published via the Service, any material which is harmful, deliberately inaccurate, libellous or otherwise inappropriate, or which is otherwise deceptive or purports to represent the identity of another person, body or legal entity The above also applies to any Metro Retro curated content used or removed to any other sites or software by Users without Metro Retro’s prior written consent.
3.5 Users may not and may not allow any other Users or any third party to:
(i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, transfer or distribute any portion of the Service;
(ii) disable or interfere with our security-related features;
(iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of the Service or the software used to provide it;
(iv) copy, modify, improve, change or create any derivative work of the Service; or
(v) remove or alter Metro Retro’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights joined to or provided as part of our Services.
3.6 Users are responsible for obtaining all consents for the use of Personal Data (as such term is described in the Data Protection Policy) from the owners’ of that Personal Data.
3.8 The Owner is responsible for all Users authorised by them to use a Board and agrees to indemnify Metro Retro for any costs or losses including without limitation any fines it may occur because of a breach of any Users on of the terms of this Clause 3.
4.1 The User’s rights and obligations will be based on the type of subscription chosen (i.e., free or paid Subscription). Details about the different types of Subscriptions and the limits and available features associated with the Services along with instructions on how to purchase one are available on request by emailing firstname.lastname@example.org. Please note that Subscription Fees are subject to change from time to time. Metro Retro will not change a Subscription Fee during the term of a Subscription, only on renewal of such Subscription.
4.2 The functionality of free Services is limited. Usage over these limits or access to certain features will not be possible without purchasing a Subscription. A User can change the type of Subscription by emailing email@example.com and following the instructions, if any, provided to you in response to your change request;
4.3 By buying a Subscription (such purchase, a “Transaction”) a User authorises Metro Retro (or its third party payment processor) to charge for that Transaction and represents and warrants that they have the legal right to use the proposed payment method. The User may be asked to supply additional information including, without limitation, credit-card numbers, expiration dates and billing addresses.
4.4 Metro Retro’s current payment merchant is Paddle of 70 Wilson St, Finsbury, London EC2A 2DB, United Kingdom.
4.5 If the User purchases a recurring Subscription, the User agreements that Metro Retro may charge for renewals of the Subscription at the then-applicable rate unless The User cancels the Subscription as set out below. The User also agrees that Metro Retro (or its third party payment processor) may automatically charge you in accordance with term of your Subscription (e.g., each month, quarter or year), on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided, or on the next business day.
4.6 You may cancel a Subscription at the end of the then-Subscription Period. You will not be entitled to any refund in respect of any pre-paid amounts.
4.7 At the end of the Subscription Period, you will lose access to any paid Services. Any Content loaded to a Board during the Subscription Period will remain available to you for a period of 7 calendar days. During this period we will make the data available to you as an export.
4.8 Fees are quoted Net of VAT, and if applicable VAT may be added by our third party payment provider.
4.9 Metro Retro may, at its discretion, offer a free trial Subscription for a limited period of time ("Free Trial"). A User may be required to enter billing information in order to sign up for the Free Trial, but will not be charged by Metro Retro until the Free Trial has expired. Thirty days after the Free Trial period, unless the User has cancelled their Subscription, the User will be automatically charged the applicable Subscription Fee
5.1 Metro Retro reserves the right to terminate the access of any User who has not paid a Subscription Fee to any and all parts of the Service at any time, without cause or notice. If you are a Subscriber, we may only terminate your Subscription during a Subscription Period if you commit a material breach of these Terms, by giving you written notice.
6.1 Metro Retro does not warrant either an error free or continuous service. In using Metro Retro you accept these terms, and the impact of such potential limitations to the Service e.g. loss of data on an active Board. All warranties applied at law which can be disclaimed are hereby disclaimed.
6.2 If there is any loss or corruption of any data associated with the Services, Metro Retro will use commercially reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by Metro Retro. Except for the foregoing, Metro Retro will not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of any such data.
6.3 Metro Retro will provide levels of support to Subscribers in accordance with the terms of their Subscription.
7.1 The Service and software, including all content contained or displayed on our Website, are property of Deqo Software Ltd and may be protected by applicable copyright or other intellectual property laws treaties. We reserve all rights in relation to all such intellectual property rights, the Metro Retro trademark, Website content and software provided in connection with the Service.
7.2 We will not use any Content provided by you save as strictly necessary to operate the Service and store and make such Content available to you. As between us, you will remain the owner of all your Content. However we will not be obliged to return any Content to you on termination of these Terms, or destruction of a Note.
8.1 To the extent its liability can be limited at law, Metro Retro’s total aggregate liability howsoever arising under or in connection with our Services shall not exceed an amount equal to the Fees for all Services paid to the Supplier in the 12-month period immediately preceding the first incident giving rise to any claim under these Terms.
8.2 Notwithstanding the foregoing, under no circumstances but only to the extent permissible at law, including but not limited to breach of contract, tort, or negligence, will Metro Retro, its licensors, or service providers be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including lost profits) that arise out of or are related to your use of the Service. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your Subscription.
9.1 The User may provide Metro Retro with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Website and Service(“Feedback”) via email. The User acknowledges and agrees that: (i) they shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Metro Retro may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential information or proprietary information from the User or any third party; and(iv) Metro Retro is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
10.1 Metro Retro reserves the right to vary these Terms from time to time. Updated Terms will be displayed on the Site and by continuing to use and access the Services following such changes, you agree to be bound by any variation made by us. It is the User’s responsibility to check these Terms from time to time to verify such variations.
11.1 These terms are governed by English law, and you agree to the exclusive jurisdiction of the English courts.
11.2 A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its provisions.
11.3 Metro Retro is not liable to you for failure to comply with these Terms because of circumstances beyond its reasonable control, [including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident].
11.4 No one other than a party to these Terms has any right to enforce any of these Terms.
Last updated 11th October 2019 00:00 (GMT)
In order for Metro Retro to operate effectively it is required to collect certain pieces of user data. This can be broken down into three areas:
1 - User Supplied: This encompases the email address, first & last name and marketing message preferences provided by users upon account creation. It also refers to any direct contact a user has with the Metro Retro team e.g. a support question via the Help icon.
2 - Automatic User System Activity: This includes logging of user behavior within the system. Specifically, but not limited to, logins, creation or joining of boards, tutorial participation and error tracking.
3 - Third Party Supplied: Metro Retro uses third party systems within its service, specifically notably Google, Github & Slack social login integration. As a result, Metro Retro will receive basic profile information from these third parties through the authorization procedures followed by that service. We only use name, email and profile picture data from these integrations.
Users personal data will be used where it is necessary to enable us to provide you with the service as part of our agreed terms and conditions with you. This includes using your personal data for the following purposes:
We are unable to provide you with an account if you do not provide us with your name and email address.
We may also process your personal data, where it is in our legitimate interest to do so to improve our service, such as by understanding user activity levels in an attempt to ensure and improve software stability and performance and to analyse usage.
Users personal data is stored in a cloud database service hosted within the EU. Data is transmitted between users and Metro Retro using standard encryption methods (HTTPS/WSS).
Metro Retro makes all attempts to comply with UK Data Protection legislation which is currently the European General Data Protection Regulation (GDPR) in conjunction with the Data Protection Act 2018. Full information on this regulation can be found here: https://eugdpr.org.
You have the right to lodge a complaint with the ICO if you have concerns about the way your personal data is being handled: firstname.lastname@example.org.
In compliance with GDPR policy, all Metro Retro users have the right to access, modify or delete their personal data being used by Metro Retro. You can also request that we restrict what we use your data for by asking us to deactivate your account so that we only store your data but undertake no further processing. You can ask us to stop using or processing your data as well where it is not necessary to fulfil our legal obligations. If you no longer wish to use our product, you can also ask us to cancel your account. This is known as an “Individual Rights” request. Should a user wish to make such a request, then they will need to email: email@example.com and provide the following information within the body of the email:
Metro Retro commit to acknowledging your email within 72 hours, and will potentially request additional information. Once the request from the user if understood by Metro Retro, the personal data request will then be processed within one month of the identification being received.
Please be aware that is a users responsibility to update their own data and to request these updates of Metro Retro where necessary.
In the event of a data breach, Metro Retro will inform the local Information Commissioners Office (ICO) within 72 hours of the breach being found. Metro Retro will also contact all affected users to alert them to the breach and offer them the opportunity to change or delete their account details.
Metro Retro will only contact users with information that they deem important to continue using the software or to maintain a user’s rights. They will use the email address provided by the user on account creation. Should a user wish to contact Metro Retro, they can do so by using the following email address: firstname.lastname@example.org.
Additionally, if a user has opted in to receiving marketing or product messages from Metro Retro, then we will contact them with these messages on the email address provided upon account creation. Users have the ability to opt in or out of these messages at any point and can do so by visiting their account page and unchecking “Subscribe to periodic updates from the Metro Retro team”.
Metro Retro uses analytics tools to gather user information whilst they use the service. This is to allow the Metro Retro team to analyse how, when and why you use the service in an attempt to improve and innovate the product.