Please read these Terms carefully. By using Priocta or signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you and Easteam Oy.
Priocta (“service”, “system”) is a Service owned by Easteam Oy. Easteam (“we”, “us”, “our”, “Priocta”) is a Finnish company, which business identity code is 1986940-0. Priocta provides a survey platform via priocta.com and an application.
The contractual agreement between you as a user (“you”, “your”, “user”, “customer”) and Easteam, and your usage of Priocta are governed by this Terms of Service. By using Priocta, you accept these Terms and fully confirm that you understand the essence of the rights and obligations set forth under this document.
This agreement complies with laws of Finland. By using Priocta you accept that Finnish law, without regard to its principles regarding conflict of laws, is applicable on all matters relating to your use of Priocta. Any and all disputes arising out of or in connection to your use of Priocta shall be finally settled by Finnish general court.
Contractual penalty is command to a Customer in case of breach of this agreement. The amount of contractual penalty will be set according to the circumstances.
Priocta reserves the right to make changes to this Terms and to Priocta’s Services.
By agreeing to these terms, you assure that you represent an organization and you are acting on behalf of an organization.
2. PROVISION OF SYSTEM AND SERVICES
During the subscription, Priocta shall provide the users with access to and use of the system, use the services and perform the support services. The extent of the use depends on the chosen subscription plan.
The customer is responsible for ensuring that the use of Priocta is in accordance with the guidance and instructions announced. Customer shall only use the system, documentation and the services for its internal business operations and in accordance with this agreement and Priocta’s instructions. Customer Company cannot use Priocta to external organization unless there is a separate agency agreement made with Priocta.
Any use of Priocta with doubtful purposes is forbidden. This includes for example illegal or fraudulent purposes or threating or offending someone or infringing someone’s rights. This also includes any harmful purposes towards Priocta, such as disturbing the operations of Priocta, transferring or introducing virus or other harmful software or code, adapting or dismantling any parts of Priocta, copying or reproducing Priocta or selling or using Priocta to other organizations without permission of being a retailer.
Priocta reserves the right to, without prior notice, block users who are not obeying this agreement and these instructions.
Priocta will not be liable for possible damage that is caused by the system or services being used contrary to Priocta’s instructions or this agreement or possible damage that is caused by other situations. Priocta will not be liable for either customer’s connection to the system over the internet or integration to the system.
Customer is responsible for ensuring that the System and Services meet its requirements and is fit for purpose.
Priocta have the right to make modifications and updates to the service and documentations.
Priocta may use the name and logo of customer for promotional and marketing purposes.
3. CUSTOMER DATA
Customer shall be responsible for the content of personal data (especially the content of surveys).
If there is any loss or damage to customer data due to a system error, Priocta shall use reasonable efforts to restore the lost or damaged customer data from the latest back-up as its sole liability. If the data cannot be restored, Priocta shall not be responsible for that loss. Priocta shall not be either responsible for any loss, destruction, alteration or disclosure of customer data caused by any party other than Priocta or its subcontractors. Priocta shall not be responsible for any harm that may be caused to a customer in case of a data loss.
4. CUSTOMER’S OBLIGATIONS
Customer shall comply with laws applicable to this agreement and maintain any necessary licenses and consents to allow the use of the Customer Data in accordance this agreement. Customer shall also procure that all users keep their account details (especially password) confidential. Customer shall use reasonable efforts to prevent unauthorized access or use of the service.
Customer shall not access, distribute, store or transmit any viruses or other harmful, unlawful or threatening materials. Customer shall not either copy, modify, duplicate, distribute or transmit any portion of our Service, or use Priocta’s Services to provide services to third parties unless a separate agency contract has been made.
Customer shall not subvert any security restrictions imposed by Priocta. This includes attempting to obtain or assist other in obtaining access to Priocta, if there is not a permission to do that under this agreement.
Customer shall not use Priocta in a way that adversely affects Priocta or other users use of the Service.
If any of these cases listed above occur, Priocta may susbend Customer’s access to the Service.
5. CHARGES AND PAYMENT
Customer shall pay Priocta the charges specified in the Subscription Plan for the use of Priocta’s Services. The Charges are stated in US dollars and exclusive of value added or equivalent tax, which if payable, will be additionally payable by Customer at the appropriate rate. The Charge will be charged automatically according to payment details. The Charges are non-cancellable and non-refundable.
Customer shall reimburse Priocta for any transaction fees that may be incurred by Priocta in connection with payments of the Charges due from the Customer’s bank. Customer shall be in response for, and not withhold or deduct, any taxes on the Charges.
If Priocta has not received payment from a Customer, Priocta may disable Customer’s access to the Services until the payments have received. Interest may be added in a case of overdue payment.
Priocta reserves the right to increase the Subscription Fees. If the Subscription Fees will be increased, Priocta will give a written notice to customer 60 days before the increase occurs.
6. PROPRIETARY RIGHTS
Priocta shall have a right to use any suggestions, enhancement requests, recommendations or other feedback provided by a Customer or its users to improve Priocta’s Services.
Customer has a right to use the Service for instance by viewing it in a browser or printing out dashboard views, but priocta reserve all other rights.
Customer grants Priocta a permission to use the Customer Data for the purposes of providing the Services.
Each parties of the agreement shall keep confidential all the confidential information of the other party received in connection with this agreement. All the confidential information shall be used only for the purposes of this agreement. This statement is not valid if the information has become public knowledge otherwise, was obtained by a third party or is required to be disclosed by law or a party’s regulatory body.
Upon termination of this agreement each party shall on request return or take reasonable steps to delete the confidential information of the other party without delay. This section shall survive termination of this agreement.
8. LIMITATION OF LIABILITY
Priocta do its best that the Service shall always be accessible without interruption and possible deficiencies or errors are corrected as soon as possible. However, Priocta do not give any express or implied guarantees, representations or declarations that Priocta is provided without interruption, disturbance or other kinds of errors.
The Customer acknowledges and accepts that Priocta may be inaccessible due to planned or unplanned service stoppages, maintenance or updates.
Priocta shall under no circumstances or by any other reason be liable to the Customer for any direct or indirect damages in case of damages occur, whether it is foreseeable or not. This includes any damage caused by errors or omissions in any information, instructions or scripts provided by our Services.
Customer has sole responsibility for all information, notifications, results, data or disclosures obtained or delivered during the use of the Services. Priocta expressly disclaims any and all responsibility and liability in respect of such results.
9. TERM AND TERMINATION
This agreement shall be obeyed during the effective subscribe plan. Priocta reserves the right to discontinue the subscribe plan of a Customer, if the Customer fails to pay the agreed amount under this agreement and do not correct the situation after being notified or if the Customer is suspected from a breach of this agreement.
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