Team User Terms

Effective Date: Jan 1, 2023

These Terms of Use (“Terms”) govern your access to and use of the services, including our website, application and email notifications (the “Service” or “Truugo”) provided by Netum Oy (“we”, “Netum”), and any information and materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”).

Netum and your organization (“Your Organization”) have entered into a license agreement concerning the Service (“Agreement”), pursuant to which Agreement you are granted access rights to the Service. The Agreement stipulates the legal relationship between Netum and Your Organization concerning the Service (such as license term, intellectual property rights, processing of personal data, payments, warranties, liabilities, and limitations of liability). Your use of the Service is always subject to the Agreement and these Terms. In case of any discrepancies between the Agreement and these Terms, the Agreement shall prevail.

PLEASE READ CAREFULLY THE FOLLOWING TERMS. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

Subject to these Terms and the Agreement between Your Organization and Netum, Netum grants you a limited, non-exclusive, revocable, and non-transferable right to use the Service as agreed between Your Organization and Netum in the Agreement for a term defined in the Agreement.

Acceptable Use of the Services

You may use the Services only in compliance with these Terms, the Agreement and all applicable local, state, national, and international laws, rules and regulations.

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.

You may use the Services only in compliance with these Terms, the Agreement and all applicable local, state, national, and international laws, rules and regulations.

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.

You need to register a user account to use the Service. You must give adequate and verifiable information to Netum upon accessing to the Service. You must store the access rights, passwords and similar information carefully and in a manner that they are not exposed to third parties. Netum encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will inform Netum without any delay if the access rights have been exposed or allegedly exposed to third parties, or if the Service has been otherwise used without authorization. Netum cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

If you wish to terminate your use of the Services or your account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will Netum be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Truugo, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Netum (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Netum; (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming the Services, or by scripting in such a manner as to interfere with or create an undue burden on the Services.

You retain your rights to any Content you submit on the Services. Netum does not claim ownership over your Content.

If you submit Content to be published as public, you acknowledge and agree that such Content can be indexed by Netum to be found on search engines and made publicly available.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users.

Except for your Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to Netum. Unless as expressly provided herein, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without Netum’s prior, express written authorization.

Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Please read this section carefully since it limits the liability of Netum and its subsidiaries, officers, directors, employees, agents, representatives and partners (collectively, the "Truugo Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, TRUUGO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Truugo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Truugo Entities or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Truugo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Truugo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRUUGO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRUUGO ENTITIES EXCEED THE GREATER OF ONE HUNDRED EUROS (100.00€) OR THE AMOUNT YOU PAID NETUM, IF ANY, IN THE PAST MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TRUUGO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Waiver and Severability

The failure of Netum to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Finland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in Helsinki, Finland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Indemnification

You agree to indemnify and hold harmless Netum and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of these Terms.

We may revise these Terms from time to time. Either we or Your Organization will submit the revised Terms to you for your acceptance. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Netum, Helsinki, Finland. If you have any questions about these Terms, please contact us.