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migrate: User agreements
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joshbruce committed Mar 10, 2024
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179 changes: 73 additions & 106 deletions content-root/public/legal/user-agreements/content.md
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{!! dateblock !!}

These Terms of Service ("Terms") are a contract between you and 8fold, llc ("8fold"). They govern your use of 8fold's sites, services, products, and content ("Services"). By using 8fold, you agree to these Terms. If you do not agree to any of the Terms, you should not use 8fold. These Terms incorporate, comply with, and extend [8fold Policies](/legal)
These Terms of Service ("Terms") are a contract between you and 8fold, llc ("8fold"). They govern your use of 8fold's sites, services, products, and content ("Services"). By using 8fold, you agree to these Terms. If you do not agree to any of the Terms, you should not use 8fold. These Terms incorporate, comply with, and extend [8fold Policies](/legal/)

By using 8fold on or after the effective date, you agree to the new Terms. If you have an account with 8fold and do not agree with the new terms, it is recommended you delete your account before the new terms take effect.

Expand All @@ -18,7 +18,7 @@ To be explicit, harvesting data stored by 8fold publicly or privately is not per
8fold recognizes five groups of humans interacting with and operating within it.

1. [Visitors](#visitors)
2. [Registered Users](#registered-known-users)
2. [Registered users](#registered-users)
3. [Members](#members)
4. [Partners](#partners)
5. [Practitioners](#practitioners)
Expand All @@ -27,7 +27,7 @@ To be explicit, harvesting data stored by 8fold publicly or privately is not per

Anyone visiting physical and digital spaces provided by 8fold confirms agreement to and understanding of the following.

8fold reserves all rights in its look and feel. Some of its products and services are licensed under third-party and other open-source licenses.
8fold reserves all rights in its look and feel. Some of its Services are licensed under third-party and other open-source licenses.

<details>
<summary>18 years of age or older</summary>
Expand All @@ -39,7 +39,7 @@ Anyone visiting physical and digital spaces provided by 8fold confirms agreement
<details>
<summary>Incorporated rules and policies</summary>

By using the Services, you agree to let 8fold collect and use information as detailed in [8fold Policies](/legal).
By using the Services, you agree to let 8fold collect and use information as detailed in [8fold Policies](/legal/).

If you are outside the United States, you consent to let 8fold transfer, store, and process your information (including your personal information and content) in and out of the United States.

Expand All @@ -48,9 +48,9 @@ If you are outside the United States, you consent to let 8fold transfer, store,
<details>
<summary>Choice of law and jurisdiction</summary>

These Terms are governed by Tennessee law, without reference to its conflict in laws provisions. You agree that any suit arising from the Services must take place in a court located in Nashville, Tennessee.
These Terms are governed by Tennessee law without reference to its conflict-of-law provisions. You agree that any suit arising from the Services must be brought in a court located in Nashville, Tennessee.

</summary>
</details>

<details>
<summary>Software</summary>
Expand All @@ -65,171 +65,138 @@ Visitors are prohibited from:

Crawling Services in accordance with the provisions of our robots.txt files is permitted.

8fold may change, terminate, or restrict access to any aspect of 8fold Services at any time, without notice.
8fold may change, terminate, or restrict access to any aspect of 8fold Services at any time without notice.

</details>

<details>
<summary>Products and services</summary>

Visitors may purchase products as a guest and receive services in which no information is collected or stored. Visitors may also offer 8fold feedback on ways to improve and request information from Practitioners about 8fold.
Visitors may purchase products as a guest and receive Services in which no information is collected or stored. Visitors may also offer 8fold feedback on ways to improve and request information from Practitioners about 8fold.

</details>

### Miscellaneous

|++
|+ ### Content and design
<details>
<summary>Content and design</summary>

Visitors are prohibited from copying or adapting any portion of our code or visual design elements (including logos) without:

1. express, written permission from 8fold;
2. permission granted by way of license for those portions (a media kit, for example); or,
2. permission granted by way of license for those portions (e.g., a media kit); or,
3. permitted by United States law.
+content-and-design|

|+ ### Disclaimer of warranty
8fold provides the Services to you as is. You use them at your own risk and discretion. That means they do not come with any warranty unless otherwise expressed by individual practitioners. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title, or non-infringement.
+disclaimer-of-warranty|
</details>

<details>
<summary>Disclaimer of warranty</summary>

8fold provides the Services to you as is. You use them at your own risk and discretion. That means they do not come with any warranty unless otherwise expressed by individual Practitioners. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title, or non-infringement.

</details>

<details>
<summary>Limitation of Liability</summary>

|+ ### Limitation of Liability
8fold will not be liable to you for any damages that arise from your use of the Services. This includes if Services are hacked or become unavailable. This includes all types of damages (indirect, incidental, consequential, special, or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
+limitation-of-liability|

|+ ### Entire agreement, no waiver, and severability
</details>

<details>
<summary>Entire agreement, no waiver, and severability</summary>

These Terms (including any document incorporated by reference into them) are the whole agreement between 8fold and yourself concerning the Services.

If 8fold does not exercise a particular right under these Terms, that does not waive the right to do so.

If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties' intentions as reflected in the provision that other provisions of the Terms will remain in full effect.
+entire-agreement|
++|
If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties' intentions as reflected in the provision that other provisions of the Terms will remain in full effect.

</details>

## Registered, known users
## Registered Users

Registered, known users ("Registered Users") agree to the same agreement as Visitors. Registered Users are differentiated from Visitors by having an account with 8fold.
Registered Users agree to the same agreement as Visitors. Registered Users are differentiated from Visitors by having an account with 8fold.

They are "known" to 8fold in that information has been collected and stored specifically about them. (Usually an email address.)

<details>
<summary>Becoming a Registered User</summary>

You are considered a Registered User when you purchase products and services from a Practitioner that require creating an account or the collection and storage of identifying information.
You are considered a Registered User when you purchase Services from a Practitioner that require creating an account or the collection and storage of identifying information.

</details>

## Members
## Friends

Members agree to the same Terms as Registered Users and are required to earn a minimum number of Folds per month to maintain their membership status. The minimum Folds to earn will not exceed the subscription fee on a one-dollar for one-Fold basis, which is the easiest way to earn those Folds.
**Cost (monthly):** [16 [.United States Dollars](USD)](https://opencollective.com/8fold/contribute/members-72281/checkout)

Additional Folds may be earned through monetary contribution, trade with other Members, or a combination thereof. By earning Folds, Members qualify for profit redistribution per the [Fold Policy](/legal#fold-policy).
Friends are Registered Users.

### 8fold Link and Members
Additional Folds may be earned through monetary contribution.

Registration with 8fold Link is required for Members.
Friends are empowered to:

Membership cost: $16 USD per month
- use Folds to influence the implementation of improvement proposals,
- gain access to Friend-only discounts and content, when applicable.

Registered Users have access to the 8fold group Ideasmith to propose ways for 8fold to improve. Registered Users can also vote on proposals created by others using Ideasmith tokens. Discussion proposals in the 8fold group Ideasmith is not enabled.
## Members

**Cost (monthly):** [32 USD](https://opencollective.com/8fold/contribute/partners-72282/checkout)

Members can use Folds to vote on proposals in the 8fold group Ideasmith. Members are also able to join the discussino of proposals in the 8fold group Ideasmith.
Members are Friends.

|++
|+ ### Becoming an 8fold member
- become a [Registered User](#registered-user), and
- opt-in to becoming a member through 8fold Link.
+becoming-2|
Members agree to earn a minimum number of Folds per month to maintain their membership status. The minimum Folds required will not exceed the cost of membership on a one-to-one basis of dollars to Folds.

|+ ### Member empowerment
Members are empowered to:

- earn and trade [Folds](/operations/fold-system),
- use Folds to influence imlementation of improvement proposals,
- qualify for [profit redistribution](/legal#revenue-redistribution), and
- gain access to Practitioner-provided discounts and Member-only content, when applicable.
+empowerment-2|
++|
- earn and trade [Folds](/operations/fold-system) per the [Fold Policy](/legal/#fold-policy),
- qualify for [revenue redistribution](/legal/#revenue-redistribution), and
- gain access to Member-only discounts and content, when applicable.

## Partners

Partners are Members who agree to the Partner [User Agreement](/user-agreements).

Partners may list themselves on the 8fold Link Partner page. (8fold reserves the right to review, remove, or ban such displays.)

### 8fold Link and Partners
**Cost (monthly):** [64 USD](https://opencollective.com/8fold/contribute/partners-72283/checkout)

Membership cost: $32 USD per month
Partners are Members.

|++
|+ ### Becoming an 8fold Partner
- become a [Member](#members),
- opt-in to becoming a Partner through 8fold Link.
+becoming-3|

|+ ### Partner empowerment
Partners are empowered to:

- gain access to Practitioner-provided discounts and Partner-only content, when applicable.
+empowerment-3|
++|

## Practitioners

Practitioners are Partners who agree to the Practitioner [User Agreement](/user-agreements) and complete the [practitioner onboarding prcoess](/practitioners).
- be listed on the 8fold Partner page and
- gain access to Partner-only discounts and content, when applicable.

Practitioners are sole-proprieters or the owners of microbusinesses who voluntarily join the 8fold community and work toward mutual benefit and improvement of that community. Practitioners supply the products and services that make up the 8fold Services.
8fold reserves the right to review, remove, and ban listings on the 8fold Partner page.

|++
|+ ### Time commitment
Participation in [The Monthly](/operations/monthly), which is voluntary. When you attend you have the opportunity to shape 8fold, set priorities, and contribute to the achievements of yourself, your peers, and 8fold itself. When you choose *not* to attend, you implicitly agree to the changes made in your absence.
+time-commitment|

|+ ### When to use the 8fold brand
If you are performing work for a client or Registered User requiring the use of assets owned and maintained by 8fold or its practitioners you agree to do so under the 8fold brand name. Further, if you begin working with a client or user referred to you by another 8fold practitioner, you agree to do so under the 8fold brand name.
+when-to-use-ef-brand|

|+ ### Practitioner-specific sub-agreements
#### As instructor
Instructors agree to the same Terms as Practitioners. The Instuctor Agreement applies when a practitioner is operating as an instructor to an individual or group.
## Practitioners

If the class does not result in certification, marketing materials for the class must state such; for example:
**Cost (monthly):** 50 USD and your time in helping maintain and improve 8fold

> This course (or class) does not result in students receiving credentials or certifications.
Practitioners are Partners.

If the class *does* result in certification, it is the responsibility of the pracitioner hosting the class to ensure all trainers and co-trainers have the necessary credentials for teaching that course in a certifying capacity. Further, it is the responsibility of the Instructor to facilitate processing of those certifications and collecting any additional fees to do so.
Practitioners start by being invited to join by one or more Practitioners and complete the [practitioner onboarding process](/practitioners).

#### As coach
Coaches agree to the same Terms as Practitioners. The Coach Agreement applies when a practitioner is operating as a coach to an individual or group.
+practitioner-specific-sub-agreements|
Practitioners are sole proprietors or owners of micro businesses who voluntarily join the 8fold community and work toward its mutual benefit and improvement. Practitioners create and provide 8fold Services.

### 8fold Link and Practitioners
Partners are empowered to:

8fold Link offers Practitioners a central hub to help manage their business.
- have an 8fold.pro email address,
- attend Practitioner-only events (including the monthly),
- list their Services on appropriate 8fold websites,
- have a full-page profile on 8fold websites listing their services,
- have access to third-party Services to aid in operating their businesses (at cost or with a discount),
- may represent 8fold as a non-legal representative under the 8fold brand, and
- gain access to Practitioner-only discounts and content, when applicable.

Membership cost: 50 Folds per month
<details>
<summary>Time commitment</summary>

Practitioners may list their products, services, and appearances on appropriate 8fold websites. Practitioners may have full-page profile on any 8fold website listing one of their products, services, or appearances.
Participation in [The Monthly](/operations/monthly) is voluntary. When you attend, you have the opportunity to shape 8fold, set priorities, and contribute to the achievements of yourself, your peers, and 8fold itself. When you choose not to attend, you implicitly agree to the changes made in your absence.

Practitioners have access to products and services to aid in improving their businesses and may operate as a representative of 8fold and under the 8fold banner.
</details>

|++
|+ ### Becoming an 8fold practitioner
- become a [partner](#partners),
- express interest through invitation from a Practitioner or requesting through 8fold Link,
- complete the Practitioner onboarding process and be approved, and
- earn 50 Folds per month.
+becoming-4|
<details>
<summary>When to use the 8fold brand</summary>

|+ ### Practitioner empowerment
Practitioners are empowered to:
If you are performing work for a client or Registered User requiring the use of assets owned and maintained by 8fold or its Practitioners, you agree to incorporate the 8fold brand name. Further, if you begin working with a client or user referred to you by another 8fold Practitioner, you agree to incorporate the 8fold brand name.

- have an 8fold.pro email address with G Suite account;
- be showcased in Folded (the 8fold newsletter) and other publications, websites, or both;
- operate as a non-legal representative of 8fold;
- attend events beyond the monthly;
- Up to 50% permanent discount on Quickbooks Online (QBO) based on tier for as long as you have the account and are a practitioner;
- gain access to all features offered by 8fold Link (including experimental changes); and
- access Practitioner-only content.
+empowerment-4|
++|
</details>
5 changes: 5 additions & 0 deletions content-root/public/legal/user-agreements/meta.json
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{
"title": "User Groups and Agreements",
"created": "20200818",
"updated": "20240310"
}

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