Last updated: 2 May 2022
- Cloudia Ltd (hereinafter “the Service Provider”)
- Client (hereinafter “the Client”)
The service contains material protected by the Service Provider’s intellectual property rights.
3 RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
3.1 The Service Provider has the right to provide the service as it wishes and the right to change the content of the service. The Service Provider is required to notify the Client in advance of any substantial changes by informing about them in the service or by sending a separate notification to the email address provided by the Client at the time of registration.
3.2 The Service Provider has the right to temporarily suspend the provision of the service if it is necessary due to the renewal or modification of the service or due to alteration work related to data networks.
3.3 The Service Provider is obligated to strive to provide the highest quality service possible. The Service Provider is responsible for the content it produces for the service. The Service Provider is not responsible for any costs or damages caused to the Client by the material entered into the service by the Client or a third party, by its use or for any other reason.
3.4 The Service Provider strives to keep the service as functional, fail-safe and secure as possible. The Service Provider is obligated to strive to correct any disruptions without delay.
3.5 The Service Provider has the right to transfer the information submitted by the Client to the service between other services produced by the Service Provider.
3.6 Taking into account the nature of the service and the need for its development, the Service Provider has the right to use the information and materials entered by the Client into the service if it is necessary for the development of the service or the Service Provider’s business. This right does not apply to information defined by the Client as secret or confidential as specified in section 5 below.
3.7 The Service Provider is not liable for any direct or indirect damage resulting from the use of the service. The maximum liability of the Service Provider in all cases of damage is EUR 50,000. The limitation of liability does not apply to damage caused intentionally or through gross negligence.
3.8 The Service Provider complies with the applicable legislation in providing the service.
4 RIGHTS AND OBLIGATIONS OF THE CLIENT
4.4 The Client is obligated to make all payments related to the use of the service to the Service Provider. The Client is responsible for its own costs when using the service.
4.5 The Client is responsible for ensuring that the devices, systems, software and telecommunication links it uses are secure and that they do not cause any damage or disruption to the service.
4.6 If the Client enters personal data or other information concerning other parties into the service, the Client is obligated to obtain the consent of these parties to the provision of the information and to inform such parties of the use of the entered information. The Client is fully liable to the Service Provider for all damage and costs if such third parties make claims against the Service Provider regarding the entered information.
4.8 The Client is obligated to act in accordance with the law and regulations with regard to all information entered into the service.
5 CLASSIFICATION OF THE CLIENT’S MATERIAL AS SECRET OR CONFIDENTIAL
5.1 The Client decides on the classification of the Client’s material or part thereof as secret or confidential. The classification must be carried out in accordance with the Finnish legislation in force at the time.
5.2 The Client is obligated to specify the business and professional secrets contained in the information submitted by the Client to the Service as well as other confidential or secret material by marking them as confidential or secret when entering the information into the service.
5.3 The Service Provider has the right to rely on the classification made by the Client, and the Client or a third party cannot make claims against the Service Provider due to incorrect or incomplete classification or damage caused by it.
6 PROCESSING OF INFORMATION
6.2 The Client has the legal right to inspect the information stored about them and to inspect, modify and request the erasure of the information.
7 INTELLECTUAL PROPERTY RIGHTS
8 LIMITATIONS OF LIABILITY
8.1 The Service Provider is not responsible for the legality or accuracy of the information entered by the Client into the service or for ensuring that the Client’s material does not infringe the intellectual property rights of a third party. The Client is solely responsible for the legality, accuracy and intellectual property rights of its material
8.2 The Service Provider is not liable for any error or negligence of the Client or a third party in the classification of secret or otherwise confidential material and thus for secret or otherwise confidential material being entered into or otherwise added to the service.
8.3 If the Client or a third party neglects or incorrectly performs the specification of the material referred to in section 5.1 above in accordance with section 5.2, the Service Provider shall not be liable for any damage resulting from this material ending up in the service or database.
8.4 The Service Provider is not liable for any other procedure or negligence of the Client or a third party that causes the material referred to in section 5.1 or a part thereof to end up in the database, or for any damage caused by it.
9 FORCE MAJEURE
9.2 If the force majeure persists for longer than six (6) months, either party may terminate the right to use the service without penalty.
10.3 The Client has the right to not accept the changes to the terms. If the Client does not accept the changes to the terms, the right to use the service expires at the end of the period of two (2) weeks mentioned in section 10.2, regardless of the notice period specified below.
12 TERMINATION OF THE USE OF THE SERVICE
12.1 The Service Provider may terminate the Client’s right to use the service with a notice period of six (6) months. The termination must be by email or in an otherwise verifiable manner in writing.
12.3 The parties have the right to terminate the right to use the service with immediate effect if the other party becomes bankrupt, reorganized, liquidated or otherwise insolvent.
13 APPLICABLE LAW AND RESOLUTION OF DISPUTES