This Agreement ("Agreement") is a legal agreement between you ("you") and VizTrend oy ("VizTrend") and applies to your use of VizTrend’s Service Yodiz.com.
You have no right to sub-license, assign or transfer the rights granted to you in this Agreement.
All copyrights and other Intellectual Property Rights in and to the Service are and shall at all times remain the sole and exclusive property of VizTrend and its licensors. VizTrend does not transfer any of its Intellectual Property Rights or third party Intellectual Property Rights to you under this Agreement.
All rights not expressly granted to you in this Agreement shall be retained by VizTrend.
The technical requirements for your hardware, software and data connections (including the compatible Internet browsers) are set out on VizTrend’s website. VizTrend may, from time to time, make reasonable changes to such requirements. You are solely responsible for the acquisition and financing of any hardware, software and data connections that are necessary to use the Service.
VizTrend shall have the right to update and change any part of the Service from time to time. If the changes or updates made require changes in your hardware, software and/or data connections, VizTrend shall notify you of such requirements (e.g. browser updates) one (1) month prior to the implementation of the necessary changes. You are solely responsible for all costs related to the changes of hardware, software and/or data connections.
Any modifications or development work requested by you shall always be separately agreed upon with VizTrend. Such services shall be invoiced on time and material basis.
VizTrend shall use reasonable endeavours to provide the Service on a continuous basis. The expected availability of the Service is 99.0 % or even more over a monthly period. For the avoidance of doubt, VizTrend does not warrant the continued availability of the Service and it shall not be liable to compensate you any downtime of the Service. VizTrend shall not be responsible for any failure to provide the Service which is due to problems with any aspects of your system or the network connections.
VizTrend has the right to interrupt the provision of the Service temporarily for maintenance of the Service.
VizTrend shall provide email support to the Main User during the term of the Agreement.
You shall be responsible for maintaining the secrecy and security of the Users’ IDs and passwords. You are fully responsible for all activities, transactions and other operations which are made through the Service by using the User and Main User IDs and passwords.
You have no right to store, distribute or transmit any Customer Data through the Service that is unlawful or infringing or promotes any illegal activities.
You shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
received from a third party which has the right and transmits it to the Receiving Party without breaching any obligation of confidentiality; or
known to the Receiving Party without breaching any limitation on use or disclosure prior to receipt of the same from the disclosing Party, as shown by the records of the Receiving Party; or
made available to third parties by the Disclosing Party without any restriction concerning use or disclosure; or
to be disclosed by law or by a court of competent jurisdiction or by the rules or regulations of an applicable governmental or taxation or regulatory body or authority to whose jurisdiction the Receiving Party is subject.
The Service is provided ”as is” without any warranties of any kind. You acknowledge and agree that any use of the Service is at your sole risk and liability. To the maximum extent permitted by applicable law, VizTrend expressly disclaims any and all representations and warranties, either express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the Service.
No warranty or representation is given that the functions contained in the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Service.
In no event will VizTrend be liable to you for any indirect damages arising from the use or inability to use the Service. Such damages include, but are not limited to, loss of profits, loss of revenue, loss of data or loss of use of the Service, even if VizTrend has been advised of the possibility of such damages.
In no event shall VizTrend’s aggregate liability arising out of or related to this Agreement exceed the total amount paid by you hereunder in one (1) month preceding the incident.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Finland, without reference to the choice of law provisions thereof.
Severability. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity of the remainder of this Agreement shall not be affected.
Force Majeure. VizTrend shall not be deemed to be in default under this Agreement as long as its failure to perform any of its obligations hereunder is occasioned solely by fire, labour disturbance, acts of civil or military authorities, or any similar cause not known to VizTrend at the time of execution hereof and beyond VizTrend’s reasonable control.
Assignment. Neither this Agreement, nor any interest hereunder shall be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, VizTrend may assign this Agreement to its parent, subsidiary or affiliate company. VizTrend shall also have the right to assign this Agreement in case of a sale of the relevant business of VizTrend to a third party taking over such business.