By using the service you accept the following conditions of this Agreement:
1. Definitions
In this Agreement:
1.1 ’’User’’ means an individual who has the right to use the service provided by Avaintec Oy (from here on called ’’Avaintec’’) through the service provided either directly by Avaintec or by its Partner. Minimum age limit to use the service is 18 years.
1.2 ’’Service’’ means online services, ancillary software and other related services, which Avaintec provides to the User in accordance with this agreement and what is explained about the quality and features of the services at www.avaintec.com.
1.3 ’’Trial Service’’ means services provided for free that are under development or evaluation and which are referred to as ‘’beta’’, ‘’demo’’ or ‘’trial’’ (or a similar expression).
1.4 ’’Contents’’ means any visible, written or audible data, information or materials that might be for instance: documents, spreadsheets, text messages, dataforms, websites and any similar material that is downloaded, transferred, published, processed or included in the service by the User.
1.5 ’’Website’’ means the website of Avaintec at www.avaintec.com.
2. Services and Granting the License
2.1 In accordance with this Agreement Avaintec grants the User a temporary, non-exclusive and non-transferable license to the services in accordance with the Agreement.
2.2 Avaintec reserves the right to modify the design of its services, its functional solutions, technical details, systems and other similar functions whenever without a separate notification.
2.3 Services are in general available online 24/7 on the Internet. However, Avaintec has the right to restrict the availability of the services where it is necessary due to the updates of services, technical maintenance or security reasons. The User must have his/her own functioning Internet connection or required equipment. The availability of supporting services is agreed upon separately.
2.4 Avaintec has the right to use subcontractors in fulfilling its obligations in accordance with this Agreement. Avaintec is liable in the same way and to the same extent for the services and performances executed by subcontractors as for its own.
3. Beta Services
3.1 Beta Services are provided ’’as they are’’. The User may use Beta Services in a normal way in accordance with this Agreement but Avaintec can according to its decision remove certain features or set time limits to their use. Given that the Beta Services are free, Avaintec is not in any part liable for the damages possibly caused to the User, as it could otherwise be in accordance with this Agreement.
4. User’s Obligations
4.1 The User is liable for all actions and commitments, legal actions and other measures that he/she undertakes using the service. Avaintec cannot guarantee nor take any liability whether the used service is an acceptable and a valid way to commit oneself to a binding agreement, for example according to applicable national laws or other regulations or conditions. Therefore, the User himself/herself is solely responsible to make sure that the commitments made through this service are in accordance with the applicable laws, regulations and conditions and therefore valid. The User is also liable for all the contents that are by his efforts uploaded, transferred, published or processed by using the service.
4.2 The User is liable for the material he/she has uploaded into the service and guarantees Avaintec that all the contents processed or transferred within the service that the User (or/and other individuals by an invitation of the User) process do not infringe the rights of a third party nor violate any applicable legislation. The User is also liable that he has the necessary licenses granted by the aforementioned third party or other rights to use to process the contents in the service, and therefore also to use the service.
4.3 The User commits himself/herself not to use the services in a way that the use prevents or disturbs other computer or telecommunications, or prevents or disturbs the operation of the equipment that is used in order to use and distribute the service.
4.4 The User must be aware of the fact that the service cannot be used with the intention to acquire any kind of illegal material.
4.5 The User undertakes not to use the services to acquire material that in itself or when sent to another party violates the reputation of a third party. The same applies to material, which used in any other way may constitute a violation of intellectual property rights or a business or trade secret of a third party. The User commits himself/herself not to use the services in a way that encourages a third party to commit a crime, or to participate in one or in a way that can be understood as a threat. The User also commits himself/herself not to use the services in a way that is against its purpose.
4.6 User commits himself/herself not to give the service to the use of external parties.
4.7 The User is obligated to notify Avaintec about his/her suspicions regarding offences of these conditions.
5. Ownership
5.1 Avaintec owns all intellectual property rights related to the service and the rights to its technical solutions. The User can use these intellectual property rights and technical solutions only in a way described in this Agreement. The right to use the services is based on a license. All trademark and other intellectual property rights regarding the services that are owned or used by Avaintec and the rights to the software used in the services, shall remain at Avaintec.
6. Security
6.1 Avaintec is not liable for losses or alterations of any content transmitted electronically via the services that are not a result of gross negligence or deliberate actions of Avaintec.
6.2 The User has to make sure that the usernames, passwords and similar information that the User gets when registering into the service are kept securely and a third party cannot get access to them. The User is liable for all unauthorized use of the service. Avaintec is not liable for any losses and damages that derive from a fact that the User has not followed these requirements.
6.3 If it is suspected that another person than the person who is entitled to use the service has acquired the User’s username and/or password, the User must immediately notify about this.
6.4 The User is liable for losses and damages that derive from the use of the service in situations where the User has deliberately or negligently revealed his/her username or password to a third party, or where username or password have otherwise come to such a person’s knowledge who does not have the right to use the service, unless the User immediately after suspecting this kind of occurrence notifies Avaintec.
6.5 After Avaintec has been notified about the suspicion that the username or password has come to such a person’s knowledge who does not have the right to use the service, the User is liable for the damages only if it has occurred as a result of the User’s deliberate action or gross negligence.
6.6 Avaintec executes the means that are reasonably required to make sure that the safety of the services is similar to the relevant standards in the field. The level of safety of Avaintec is equivalent to the valid safety alignments at that specific time period.
7. No warranty
7.1 In the extent the applicable legislation permits and when it is a question of applicability to a specific purpose, or accuracy or credibility of the results acquired with the service, Avaintec does not give any explicit or implicit warranties regarding uninterrupted operation of the services, absolute security, correctness of the software or that any deficiencies in the services are being adjusted.
8. Limitation of Liability
8.1 The User does not have any rights to claim damages or other compensation, if such have occurred due to an interruption of the service or other defects, which have prevented the communication through the internet.
8.2 If a third party makes claims against Avaintec based on User’s use of the services, he/she must upon request testify that Avaintec is not responsible of such claims.
8.3 Avaintec is not responsible of loss of data, its alteration or other errors or defects in its produced services to the User. The User obliged to inform about any defects in accordance with services’ support instructions which are currently in force at that time.
8.4 The liability of Avaintec according to this agreement is limited in all events to the amount of Users’ annual usage fee. Avaintec is not responsible in any case of direct or indirect loses, loss of earnings or other loss of income, loss of data or of claims made by third parties to the User.
9. Force majeure
9.1 Avaintec is not responsible of damages or other consequences when the accessibility of the service has been prevented or disturbed due to reasons that are out of reach for Avaintec to influence and which could not be seen in advance. These Force Majeure events include industrial actions, thunderstorm, fires; decisions made by authorities and other public regulation; defects in the services of operators; delays of subcontractors caused by the reasons similar reasons; traffic, general low availability of goods, energy or other similar factors.
10. Confidentiality
10.1 Avaintec is obliged to keep strictly confidential and not to disclose any such information to a third party that Avaintec has obtained from a User due on the basis of this agreement. “A Third Party” in this section does not mean other Users, who have the right to access the same work space unless the User has specifically limited the Users’ right to use or access the work space. This confidentiality obligation shall not apply to information that has been in Avaintec’s attention by other means than via this agreement, or that has been known otherwise in the public domain. The confidentiality obligations shall not prevent either Party from disclosing Confidential Information to the extent it is legally compelled to do so, by a valid order of a court or other legal authority. The duty of confidentiality shall remain in force notwithstanding the termination of this agreement.
10.2 Avaintec shall be entitled to review content, which is publicly posted through the Services' web publication features. Avaintec also reserves the right to analyze usage patterns in an aggregated form.
11. Term and Termination
11.1 This agreement shall enter into force upon acceptance by the User of these terms and conditions through execution of this agreement. This agreement shall remain in force for an indefinite term until such time that the user accounts are closed.
11.2 Upon termination of this agreement, Avaintec shall not be responsible for the content generated within the scope of the services. Accordingly, the User must ensure that the User possesses the necessary back-up copies, etc. of the content that the User desires to retain.
11.3 Upon the active termination of the agreement by the User, Avaintec shall be entitled to delete and destroy all content within the scope of the services after 60 days. In the event of expiration of the agreement and in the absence of the User's renewal of the same, Avaintec shall be entitled to delete and destroy such content thirty (30) calendar days following the expiration date.
11.4 Upon termination of this agreement for any reason, Avaintec shall be entitled to and undertakes to permanently delete and destroy all copies of the User's content related thereto within a timeframe reasonable relating to the back-up and administrative procedures applied by Avaintec from time to time.
11.5 Sections 8 and 10 shall survive any termination of this agreement.
12. Restriction of usage and Cancellation of the Agreement
12.1 Avaintec shall be entitled, with immediate effect, to disable the User's access to the services or to prematurely terminate this agreement where: (a) the User uses the services in a manner that entails the perpetration of a crime; (b) the User uses the services in a manner that occasions losses or the risk of loss for Avaintec or any third party; (c) the User uses the services in a manner that violates Avaintec’s security or administrative regulations; (d) it may be reasonably assumed that continued dissemination of content violates governing law; (e) the User uses the services in a manner whereby the User utilises resources or seeks unauthorised access to Avaintec’s systems which are not intended for the User; or (f) the User otherwise fails to comply with the above and such breach of contract is material.
13. Transfer of the Agreement
13.1 Avaintec has a right, in its entirety or partly, to transfer its rights and obligations in accordance with the Agreement to a company, which formally or factually belong to the same company group as Avaintec. Avaintec has also the right to sell the whole business related the service.
13.2 The User has no right to transfer his/her rights or obligations of this Agreement.
14. General provisions
14.1 If it is noted that some section of the Agreement cannot be executed for one reason or another, the agreement’s other sections shall stay in force in full, and the ineffectual section will be corrected as far that the section, with as similar meaning and economical effects as possible as the original, could be reached.
15. Governing law and Arbitration
15.1 The Agreement between Avaintec and the User and the relation arising from it has been made according to the Finnish legislation, which shall also be applied to the contract.
15.2 All disputes regarding this Agreement shall be settled in Helsinki, Finland and the District Court of Helsinki is competent concerning these matters.