Association de Généalogie d’Haïti (AGH) – Terms of Service
Last updated: 2025
1. Definitions
1.1 “AGH,” “we,” “our,” and “us” mean the Association de Généalogie d’Haïti, a Canadian-registered non-profit corporation.
1.2 “Services” means the AGH website, databases, APIs, mobile applications, and any related content or functionality we operate.
1.3 “User,” “you,” and “your” mean any person or entity that visits, registers, uploads data to, or otherwise uses the Services, including paid members and volunteers.
1.4 “Content” means any data, images, text, audio, video, DNA-derived information, metadata, or other material submitted to or stored on the Services.
1.5 “Investigative Genetic Genealogy (IGG),” “forensic use,” and “Law-Enforcement Activity” mean any attempt—directly or through an intermediary—to access, query, search, analyze, or exploit the Services or Content for the purpose of identification, investigation, surveillance, prosecution, litigation, intelligence gathering, or any related governmental function.
2. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines we post (collectively, the “Agreement”). If you do not agree, you must not use the Services.
3. Eligibility
3.1 You must be at least 18 years old and legally competent to enter into contracts to create an account or upload Content.
3.2 You represent that you are acting solely in a private, personal, academic, or non-commercial research capacity and not on behalf of any governmental, investigative, military, or law-enforcement body.
4. Law-Enforcement and Investigator Exclusion Policy
4.1 Prohibition. The Services are provided exclusively for genealogical, historical, educational, and cultural purposes. Investigative or law-enforcement use of any kind is strictly forbidden. This includes, without limitation:
a. Submitting samples or profiles for IGG or forensic comparison;
b. Searching or matching user profiles for criminal, civil, regulatory, military, national-security, or intelligence purposes;
c. Creating fictitious or proxy accounts to mask a law-enforcement or investigative identity;
d. Requesting or inducing other users to share data for any prohibited purpose.
4.2 No Voluntary Cooperation. AGH will not voluntarily provide access, assistance, or data to any law-enforcement, military, regulatory, or intelligence agency, domestic or foreign, except as compelled under Section 4.3.
4.3 Legal Process. Notwithstanding Sections 4.1–4.2, AGH will comply with a binding Canadian court order, production order, or other legal instrument that we determine to be valid and enforceable under applicable law. We will (i) narrow the scope of disclosure to the minimum legally required; (ii) give prompt notice to affected users unless legally barred; and (iii) publish aggregate statistics in our Transparency Report.
4.4 Breach. Any attempt to violate this Section 4 constitutes a material breach and may result in immediate suspension or termination, deletion of data, and referral to competent authorities or civil action.
5. User Conduct and Prohibited Uses
You shall not:
a. Upload data you do not own or lack authority to share;
b. Violate intellectual-property, privacy, or publicity rights;
c. Decompile or reverse-engineer the Services;
d. Use bots, scrapers, or automated means without our written consent;
e. Engage in harassment, hate speech, or fraudulent activity;
f. Circumvent technical measures we employ to enforce the Agreement.
6. Licences & Intellectual Property
6.1 You grant AGH a worldwide, non-exclusive, royalty-free licence to host, reproduce, display, and distribute your Content solely for operating and improving the Services and for no other purpose.
6.2 All AGH trademarks, logos, software, and site design are the exclusive property of AGH or its licensors.
7. Privacy & Data Protection
Our collection, use, and retention of personal data are governed by the AGH Privacy Policy and Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and Québec’s Act to Modernize Legislative Provisions as Regards the Protection of Personal Information.
8. Termination
We may suspend or terminate your access at any time, with or without notice, for conduct that we in good faith believe violates this Agreement or applicable law.
9. Disclaimers
The Services are provided “as is” and “as available.” AGH disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and accuracy of data. AGH does not guarantee uninterrupted service or that genetic matches or historical data are correct, complete, or suitable for your purposes.
10. Limitation of Liability
To the fullest extent permitted by law, AGH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from or related to the Services, even if advised of the possibility of such damages. AGH’s aggregate liability shall not exceed the greater of (i) CAD 100 or (ii) the fees you have paid to AGH in the twelve months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless AGH, its directors, officers, employees, and volunteers from any claim, loss, or expense (including legal fees) arising out of or related to your Content, your breach of this Agreement, or your violation of law.
12. Governing Law & Venue
This Agreement is governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the courts of Montréal, Québec, Canada, and you irrevocably submit to their jurisdiction.
13. Changes to Terms
AGH may modify these Terms by posting an updated version and updating the “Last updated” date. Continued use after the effective date constitutes acceptance.
14. Severability
If any provision is held unenforceable, the remainder of the Agreement shall remain in full force, and the unenforceable provision shall be replaced by an enforceable term that most closely reflects the original intent.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and AGH concerning the Services and supersedes all prior or contemporaneous understandings, whether oral or written.
Contact
Association de Généalogie d’Haïti
Privacy & Legal Affairs
info@agh.qc.ca
By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms, including the Law-Enforcement and Investigator Exclusion Policy in Section 4.