Cloud-based Service Management

    DEMO TERMS OF USE

     

    Updated: 27 August 2020

     

    By using the internet-based trial version of Efecte Cloud Services (“Demo”) you confirm that you and the entity on behalf of which you are accessing the Demo, if applicable, accept these terms and conditions of use (“Terms”) and that you shall comply with these Terms. If you or the entity you represent do not agree to these Terms, you are prohibited to access or use the Demo or any contents thereon in any manner. Hereinafter any references to “you” or “user” shall also refer to the entity you represent, if applicable.

    Efecte constantly develops its service offering and reserves the right to make changes to the Demo, including these Terms, at any time. Please check the Terms regularly to stay informed of any changes and to ensure you understand the Terms that applies at given time.

    Efecte shall have a right to grant or deny a licence to the Demo from a potential user at its sole discretion.

    Trial Licence. Subject to these Terms, Efecte grants you with a free, non-exclusive, non-transferable, non-sublicensable, limited right and licence to use the Demo during a trial subscription term stated in the order confirmation or other purchase documentation for the purposes of testing and evaluation only (“Licence”). The Licence shall expire automatically at the end of the trial subscription term.

    You must comply with all applicable laws and any instructions we give relating to the use of the Demo. You are expressly prohibited to:

    • use the Demo for production or business purposes or for any other purposes or by any other means than as expressly permitted in these Terms;
    • download, copy, store in any medium (including in any other website), distribute, transmit, broadcast, modify, decompile or show in public any part of the Demo, any contents thereon or part thereto, including any related software, or in any manner commercially exploit the Demo, any contents thereon or part thereto, except to the extent required to use the Demo in accordance with these Terms;
    • try to obtain access to the server on which the Demo, any contents thereon or part thereto are stored or to any server, computer (save from your end user device), software or database connected to the Demo; and
    • misuse the Demo via service attacks or by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

    Efecte shall have the right to deny your access to the Demo or terminate the Licence at is sole discretion, without notice and without first hearing you. In addition, Efecte shall have the right to suspend the provision of the Demo at is sole discretion, without notice and without first hearing you.

    Your general obligations. You must keep your login credentials strictly confidential and prevent any unauthorised access through your login credentials to the Demo. You are responsible for the use of the Demo by any person using your login credentials. You undertake to inform Efecte without delay if any password has been revealed to a third party or if you have reason to suspect any misuse of your user credentials. Efecte may at any time require that you, and you must promptly thereafter, change any password or other login credentials to the Demo.

    You are responsible for your devices, systems, applications, connections and software as well as their functionality. You are responsible for the protection of your data communications and data systems and costs for communications and other comparable costs related to the use of the Demo. You are also responsible for preparing the hardware, connections, software and data systems to meet the operating specifications required to use the Demo. Efecte accepts no responsibilities or liabilities regarding such equipment, connections, licences or software.

    User Data. You are solely responsible for any document, data or other material that you post or submit to the Demo or request us to post to the Demo (“User Data”). The User Data must be fictional, and especially should not include personal data relating to any natural person, trade secrets, or information that would be in contravention of laws, or which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, or could possibly result a breach of competition law or which would result or impose any statutory or contractual liabilities on Efecte. Efecte accepts no responsibilities or liabilities regarding User Data, including its quality, security or storing.

    Intellectual Property Rights. All rights, title and interest, including all intellectual property rights, in and to the Demo, any contents thereon, any part (expressly including changes) thereto, or results obtained through the Demo, shall belong exclusively to Efecte or its licensors. Except for the express Licence, you shall have no rights to the Demo, and nothing in these Terms operates so as to transfer, assign or otherwise grant you or other person any right or interest in the Demo, any content thereon or part thereto. For the avoidance of doubt, Efecte owns all intellectual property rights to statistical data, service analysis or other content or results that Efecte compiles or creates based on your use of the Demo.

    Third party software and contents, if any, incorporated to the Demo are exclusively supplied, licensed and made available subject to the standard terms and conditions of the third party in question.

    You agree not to dispute, contest, challenge or otherwise make any claim, allegation or take any other action (including assist others to do so) adverse to Efecte’s and its licensors rights to, ownership of, or interest in the Demo, any contents thereon or part thereto, including not to seek to obtain any rights, ownership or interests thereto.

    You grant to Efecte a perpetual, non-exclusive, royalty-free, irrevocable, worldwide right and licence to use the User Data for providing the Demo, and to analyse, use and exploit the User Data in any manner for the benefit of Efecte’s services and business. You shall be responsible that the User Data does not infringe upon any third-party rights or applicable laws or regulations. By submitting any data (including User Data) to Efecte or to the Demo, you warrant that you have all necessary rights, licences and permissions under the applicable laws, decrees, regulations and agreements to submit the data to Efecte.

    No Conditions, Warranties or Representations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENCE, DEMO AND ANY CONTENTS TO WHICH YOU ARE PROVIDED WITH ACCESS HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. EFECTE DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES (WHETHER STATUTORY OR OF OTHER KIND), EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENCE, DEMO, ANY CONTENTS THEREON OR ANY PART THERETO, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OR RESULTS TO BE OBTAINED.

    Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EFECTE IS NOT DEEMED TO BE LIABLE FOR ANY FAILURE, DELAY OR OTHER DEFECT IN OR DUE TO THE DEMO OR A PART THERETO OR ARISING UNDER OR IN CONNECTION WITH USE OF THE DEMO OR INABILITY TO USE THE SAME, OR LIABLE FOR ANY DAMAGE, LOSS, COSTS OR EXPENSE INCURRED OR SUFFERED BY YOU. UNDER NO CIRCUMSTANCES SHALL EFECTE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR OTHER UNFORESEEABLE LOSS, DAMAGE OR COST, LOSS OF TURNOVER OR PROFIT, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ANY PUNITIVE LOSS, OR ANY LOSS OF GOODWILL, SYNERGIES OR BUSINESS OPPORTUNITIES.

    Miscellaneous. Efecte shall be free to use subcontractors to provide the Demo and in the performance of its obligations and exercise of its rights hereunder.

    You may not assign or transfer the Licence or any other rights or obligations hereunder to any third party without prior written consent of Efecte. Efecte may assign or transfer any of its rights or obligations hereunder to any third party upon notice to you, which is deemed appropriately given by updating these Terms accordingly.

    Any terms and conditions in these Terms that by their nature or otherwise reasonably should survive a termination of the Licence shall be deemed to survive.

    Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the substantive laws of Finland, excluding its choice of law provisions and principles.

    Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or validity thereof, shall be primarily settled by amicable negotiations between you and Efecte. However, you or Efecte may at any time decide to end the negotiations, in which case the dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland, and the language of the arbitration shall be English.