Terms of Service

1.1 Subject to compliance with these Terms and payment of the applicable subscription fees, the Service Provider grants to the User a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to access and use the Service solely for the purpose it is intended for. The User may not use any part of the Service for any purpose other than the permitted use of the Service.

1.2 The User shall not sell, rent or give away the right to use the Service, or create user accounts by using a false identity or information, or create a user account on behalf of someone other than the User.

1.3 The User may not use any technological or other means (such as bugs or glitches in the Service, or third-party tools or software) to use the Service in a way that interferes with or disrupts the Service. The User also agrees not use the Service for fraudulent or abusive purposes or attempt to decompile, reverse engineer, disassemble or hack any part of the Service, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by the Service or circumvent technological measures designed to control access to, or elements of, the Service. The User may not purchase, use, or access the Service for the purpose of building a competitive product or service.

2.1 Using the Service requires registration. When registering, the User will create a user account with an email address and password as instructed in the Service. The User must protect the username and password against misuse and not disclose them to any third parties. The User must promptly notify The Service Provider about any unauthorized use. The User agrees to be responsible for any use of the user account, and for all of the communication and activity in connection with the Service.

3.1 A Subscription is purchased for a subscription period chosen at the time of purchase. At the end of the subscription period, the Subscription is automatically renewed for a new subscription period corresponding to the term of the original subscription period. The Customer will be charged with the same payment method as with the most recent Subscription.

3.2 The Service Provider has the right to change the fees at any time and at its sole discretion. The Service Provider will inform the Customer in advance of the change. By continuing the use of the Service or making new payments the Customer will be deemed to have accepted the new fees. For fixed period Subscription the change of fee shall be applicable from the start of the next subscription period.

3.3 Payment options available to the Customer at any given time shall be presented in the Service.

4.1 The User may stop using the Service according to the Subscription, or where the User does not have a Subscription, any time.

4.2 The Service Provider may terminate or suspend the User’s access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the User breaches these Terms or fails to make any payments hereunder.

4.3 All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

4.4 The Customer may request switching to another the Service Provider of similar services at any time. The Service Provider shall initiate the switching process after notice period of two months after such request. The switching process shall be completed within a 30-day transitional period. Where the 30-day period is not technically feasible the Service Provider may, withing 14 days after the request concerning the switch, notify the Customer of a new transitional period, which may not exceed 7 months.

4.5 Where technically feasible and not compromising any trade secrets of The Service Provider, all data and digital assets pertaining to the User shall be ported according to the switch request by the Customer to the service of another service provider, to the Customer’s on-premises ICT infrastructure or erased.

4.6 The Customer’s exportable data and digital assets shall include: 1) Customer Data 2) User Input where technically reasonable (e.g. data concerning choices and preferences made by the Customer in the Service might not be exportable) 3) Results of the Service, except where Results include trade secrets of the Service Providers, e.g. where the combination of Customer Input and Results might enable the deduction of details of the functioning of the Service.

4.7 The Service Provider ensures that information security shall not be compromised during the switching process and shall reasonably assist the Customer in the process. The Service Provider shall act with due care to maintain business continuity and continue the provision Service; ensure a high level of security and provide clear information concerning known risks to continuity in the provision the Service. The Service Provider shall support the Customer’s exit strategy relevant to the Service, including by providing all relevant information.

4.8 The Customer shall have 30-day period for retrieval of exportable data and digital assets after the transition period.

4.9 Customer’s exportable data and digital assets shall be erased from the Service after this period unless otherwise agreed between the Parties. The Customer may request an extension to the said time period. Such request may be presented once.

4.10 The Service Provider shall notify the Customer after a successful switching process or after the end the period specified in section 4.7. where the Customer does not want to export any data.

4.11 The Service Provider shall have the right to claim fair compensation for assistance related to switching services. Where the switch means an early termination of a Subscription, additional compensation shall be equal to fees of the remaining Subscription term.

5.1 All rights, title and interest in and to the Service (including the related software and media), the design of the Service and associated content including text, computer code, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein are owned by or licensed to the Service Provider. Using the Service does not give you ownership of or any rights to any intellectual property in the Service or the content you access, if not expressly otherwise stated in these Terms.

5.2 The Service analyses content, such as asset and portfolio data, uploaded by the User to the Service (“Customer Data”). The analysis shall be made on the basis of prompts, choices and preferences and other input by the User (“User Input”) and external data. On the basis of Customer Data and User Input the Service creates a variety output and results made available to the Customer in the Service (“Results”).

5.3 Rights to any data, know-how and intellectual property created in the process of creating the Results which is not made available to the Customer as Results, shall belong to the Service Provider and be considered as confidential information of the Service Provider.

5.4 The Customer retains all intellectual property rights to the Customer Data. The Customer grants The Service Provider a non-exclusive license to Customer Data and User Input needed for the proper functioning and fulfilling the purpose of Service and creating the Results. The Service Provider may use Customer Data and User Input for: analyzing the Customer Data by the Service Provider’s proprietary as well as third party tools, which may require retaining a copy of Customer Data for as long as the Customer uses the Service; providing technical and other support for the Customer, including the handling of any claims made by the User to the Service Provider or by the Service Provider to the User; developing the Service and creating anonymized statistics and market analyses.

5.5 Any User Input by individual users shall be deemed as communication between Customer, the individual user and the Service Provider. The Customer and individual users may agree about the use of User Input, but the Service Provider shall not be a Party of such agreement, and the Customer shall remain responsible for any use of User Input with regard to individual users.

5.6 The User warrants that the User has the legal right to submit the Customer Data and User Input to the Service and to grant these rights to the Service Provider.

5.7 The Customer shall be entirely responsible for Customer Data and User Input. User agrees not to submit any unlawful content, content violating any intellectual property rights, content containing any viruses or harmful code or otherwise inappropriate content. The Service Provider may monitor Customer Data and User Input in the Service, and may moderate, remove or refuse to display any content in the Service at the Service Provider’s sole discretion. This does not mean that the Service Provider necessarily reviews any Customer Data or User Input.

5.8 The Customer may use the Results for the Customer’s normal business operations in accordance with the purpose of the Service. The Customer may copy, modify, export and make derivative works on any of the Results. The Customer agrees not to use the Results for the purpose of commercializing the Results as such or otherwise creating a competing service or reverse engineering or inferring the functioning of the Service.

5.9 The Service Provider may use the Results for provision of the Service to the User, including but not limited to the provision analytical tools and support; development of the Service and other services and analytical tools; aggregating and combining Results with other data and creating anonymized statistics and market analyses.

5.10 The Service Provider shall not be liable for retaining any Customer Data, User Input or Results on behalf of the Customer.

6.1 All Customer Data and User Input shall be treated as confidential by the Service Provider. The Service Provider agrees not to disclose, share, or make available any Customer Data or User Input to third parties without the prior written consent of the Customer, except as required to provide the Service or as otherwise permitted by these Terms. The Service Provider will implement reasonable measures to safeguard Customer Data and User Input against unauthorized access, use, or disclosure. The obligation of confidentiality shall remain in force even after the Customer has stopped using the Service.

6.2 Notwithstanding the foregoing, the confidentiality obligation does not apply to information that (a) was already known to the receiving party prior to disclosure, (b) is or becomes publicly available through no act or omission of the receiving party, or (c) was lawfully received from a third party without any obligation of confidentiality.

7.1 Free support assisting in the use of Service is provided, at the Service Provider’s discretion and without any warranties or service level guarantees for response times, by email or other methods of communication possibly made available in the Service.

7.2 Commercial support is available to Subscription Owners. Subscription gives you access to a ticketing-based support service with guaranteed response and processing times.

8.1 The Service may contain links to third-party web sites or services that are not owned or controlled by The Service Provider and enable you to access and use certain third-party services.

8.2 The Service Provider has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Use of any such content, goods or services operated by third parties shall be subject to the relevant third-party’s terms and conditions applicable to such use. The User further acknowledges and agrees that The Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

9.1 The Service Provider may change these Terms at any time. The User will be deemed to have accepted such changes by continuing to use the Service. None of the changes will apply retroactively and the changes will become effective on the announced date.

9.2 The Service Provider may change the Service by adding, modifying or removing any features or functionalities. The Service Provider may also stop providing parts of, or the whole of, the Service. We may also create new operating guidelines, limitations or terms applicable to the Service at any time.

10.1 The User expressly understands and agrees that use of the Service is at the User’s sole risk, and the Service is provided on an “as is” and “as available” basis. The Service Provider and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Service Provider and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors make no warranty that (i) the Service will meet the User’s requirements; (ii) the User’s use of the Service will be timely, uninterrupted, secure, or error-free; (iii) any information obtained by the User as a result of the Service will be accurate or reliable; and (iv) any defects or errors in the software provided to the User as part of the Service will be corrected.

10.2 Any material downloaded or otherwise obtained through the use of the Service is accessed at the User’s own discretion and risk, and the User will be solely responsible for any damage to the User’s device or loss of data. No advice or information, whether oral or written, obtained by the User from The Service Provider or through or from the Service shall create any warranty not expressly stated in these Terms.

10.3 The Service and any Results provided through the Services are for informational purposes only and do not constitute financial, investment, tax, accounting, or other professional advice. The Service Provider does not provide financial advisory services and does not act as a fiduciary to the User. Any decisions made based on the Service or related information are made at the User’s sole discretion and risk. The User should seek independent professional advice from qualified advisors before making any financial or investment decisions.

11.1 The User expressly understands and agrees that, to the maximum extent permitted by law, The Service Provider and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors shall not be liable to the User for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if The Service Provider has been advised of the possibility of such damages). To the maximum extent permitted by law, the Service Provider’s liability, if any, is limited to the amounts which the User paid to The Service Provider for the Service during six (6) months prior to the occurrence of any damage.

12.1 The User agrees to defend, indemnify, and hold harmless the Service Provider and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors from and against any and all third-party claims and all liabilities, assessments, losses, costs, or damages, including reasonable attorneys' fees, resulting from or arising out of (a) any content the User submits, posts, transmits, or otherwise makes available through the Service; (b) the User’s use of the Service; (c) any violation by the User of these Terms; or (d) the User’s actual or alleged violation of any third-party rights. This obligation shall survive the termination or expiration of these Terms and/or the User’s use of the Service. The Service Provider reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by the User hereunder.

13.1 The Service Provider shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of The Service Provider, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond The Service Provider’s reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.1 The User may not assign or transfer these Terms or any of the User’s rights or obligations hereunder without the Service Provider’s prior written consent. The Service Provider may assign or transfer these Terms or any of The Service Provider’s rights or obligations hereunder at any time. These Terms are binding on any respective successors and assignees.

14.2 If any particular provision of these Terms shall be held invalid, illegal, or unenforceable, the remaining provisions shall not be affected or impaired.

14.3 If the User does not comply with these Terms, and the Service Provider does not take action right away, it does not mean that the User is not fully obligated to perform the User’s obligations in the future, or that The Service Provider is giving up any of its rights, such as taking action in the future.

14.4 These Terms shall be governed by and construed in accordance with the substantive laws in force in Finland.

14.5 Any dispute, controversy, or claim arising out of or relating to the Service or these Terms, shall be resolved by final and binding arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce by one (1) arbitrator appointed according to the aforementioned rules. The arbitration shall be conducted in the English (or Finnish if both parties mutually so agree) language in Helsinki, Finland.

14.6 These Terms do not affect any of the User’s statutory rights that under applicable law cannot be limited or excluded.