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Viima Solutions Oy

Terms of Service

This agreement was written in English and is currently only available in English. If for some reason you find the use of English to be unacceptable, please contact us at legal@viima.com.

Date of Last Revision: August 18th, 2023.

Statement of Rights and Responsibilities This Terms of Service, Statement of Rights and Responsibilities ("Statement", "Terms", "Terms of Use", "Terms of Service", "TOS" or "SRR") is our terms of service that governs our relationship with both customer organizations ("Customer", "Administrator", “Data Controller”) and users (“User”, “End-user”) and others who interact with the Viima application ("Application", "App", "Service"), including any and all related applications and services, such as our Help Center available at help.viima.com ("Help Center"). The same Terms, other than parts related to pricing and billing, also apply for Viima’s homepage and related websites available at www.viima.com (“Viima Homepage”, “Homepage”, “Website”). Except for the sections mentioned above, it shall clearly be indicated when these Terms do not apply for the Homepage. By using or accessing the Service or Website in any way, shape or format via any channels available, you agree to this Statement, as updated from time to time in accordance with the clauses below.
  • Account registration, access and disclosure
    • By signing up for the service, You agree to provide Us with complete and accurate information upon registration and to keep such information accurate and up-to-date during Your course of use of Our Service.
    • You are advised to keep Your login credentials strictly confidential and to refrain from disclosing these to anyone. We shall not be held responsible for unauthorized access to Your account arising from Your failure to keep Your login credentials safe and secure.
    • If You are using the Service for and on behalf of a legal entity, You may do so by simply signing up for the Service. If You are using the Service for and on behalf of a legal entity, You shall be, and shall be presumed to be empowered by and/or properly authorized for and on behalf of that legal entity and You and the legal entity shall be jointly and severally subject to this Agreement. If You no longer remain a duly authorized representative of the legal entity, You shall be responsible to immediately inform Viima, in which case the legal entity shall remain subject to the Agreement, and the legal entity shall contemporaneously proceed to inform Viima of the new authorized representative. Until a new authorized representative has been notified to Viima, You shall remain responsible as aforesaid. Viima shall not be held liable should a person without the necessary power / non-properly authorized person enter into this Agreement for and on behalf of a legal entity.
    • As of now, Viima is only available for legal entities, i.e. organizations, and not for individuals. Thus, a valid organizational email is required for signing up for the service. Viima reserves the right to terminate the account of any individual signing up for the Service should they not be operating on behalf of a legal entity other than themselves without advance warning and at their sole discretion. Viima also reservers the right to terminate the account should it suspect that an organization has created multiple organizational accounts in order to by-pass the limits of Viima's free plan or otherwise misuse Viima's product.
  • Privacy and data protection 
    • We offer the possibility for you to customize the links in the Service pointing to the relevant Privacy Policy and Terms of Use with ones that fit your legal needs, for inquiries related to this, please contact our support.
    • Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use the service and how we collect and process information, please refer to our Privacy Policy for details on Our privacy practices.
    • By using Viima, You acknowledge that You may collect information which is considered as being personal information (“Personal Data”) and/or personal information which is defined as being sensitive (“Sensitive Personal Data”), under applicable laws. You acknowledge that You shall be solely and exclusively responsible to provide all the necessary controls on Your website and/or other appropriate channels, as well as obtain any consent, which You might be legally obliged to obtain from the End-users of the Service as the Data Controller for said data.
    • We shall not be held responsible or liable upon Your failure to comply with appropriate legislation. Your Failure to comply with appropriate legislation and/or to implement appropriate privacy policy and terms of use might result in the termination of Your Account. Our Privacy Policy is hereby incorporated by reference into and made part of this Agreement.
  • Processing of Customer data:
    • To set up and maintain your account with the Service and/or Site
    • To provide features and information available in and via the Service and/or Site
    • To provide help and customer support for your use of the Service
    • To ensure the technical functionality and security of the Service and/or Site
    • To develop, improve, protect and manage the Service and/or Site
    • To process any transactions you may enter into in the Service and/or Site
    • To communicate and let partners communicate with you
    • To prevent and investigate fraud and other misuses
    • To protect our rights and/or our property
    • To audit and analyze the Service and/or Site and/or your use of the Service and/or Site
    • Viima processes Customer data only for the purposes mutually agreed upon with the Customer and according to applicable practices when it comes to privacy, confidentiality and security. The aforementioned purposes, as well as related policies are described in more detail in our Privacy Policy and Data Processing Agreement documents, which are inseparable parts of these Terms. By agreeing to these Terms, you consent to the processing of data according for the aforementioned Purposes according to Terms of this Agreement, including the following:
  • Ownership of material
    • All Customer data uploaded to, transferred through, posted in, processed or entered into the Service by the Users shall remain the sole property of the Customer and/or the User or its respective legal owner as applicable
    • All content uploaded to, transferred through, posted in, processed in or entered into the Service by Viima shall remain the sole property of Viima
    • Intellectual property rights related to the Service, its documentation, instructions, source code and any other components including any changes made to them belong to Viima or in the case of third party software components to the respectful owners of those components.
    • The Customer and Viima do not gain rights or permission to use the other party’s data to any other extent than what is required to fulfill these terms and any other associated agreements between the parties.
  • Sharing Content and Information By submitting or posting content to the service, you as a User of the Service:
    • For content that is covered by intellectual property rights (IP content), such as, but not limited to, photos, videos, ideas (even novel and/or patentable), suggestions, feedback, you specifically give the following permission: you grant an exclusive, transferable, sub-licensable (without consent or compensation), royalty-free, permanent, worldwide license to use any IP content that you post to the customer of Viima using the applicable service instance ("Customer", "Controller", "Administrator"). As such, any feedback, suggestions, ideas or other IP content can be used without any obligation to compensate you for them as it's up to the Customer to decide what to do.  This provision is subject to and can be overridden by the terms of any additional agreements between the User and the Customer, should a binding and legally valid such agreement exist between the User and the Customer.
    • When you delete or ask us to delete IP content, it might not be immediately deleted permanently but instead deleted in a manner similar to emptying the recycle bin on a computer. You understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    • When you use the service, or any related application, the service or connected application may ask for your permission to access your content and information from the service itself or from third party services, such as but not limited to, Microsoft Azure and Google, as well as content and information that others have shared with you in any of these third-party services and applications.  We respect your privacy, and the agreements with the third-party services will control how the service can use, store, and transfer that content and information.
    • When you publish content or information it means that you are potentially allowing everyone to access and use that information, as indicated by the privacy and visibility settings chosen by the administrator of the given Viima installation or instance, and to associate it with you (i.e., your name and profile picture). Viima Solutions Oy is not in any way responsible for managing the privacy and visibility settings available in the Service in regards to your account, data and instances in the Service nor will it be held liable for any consequences resulting from such settings in any way or form.
    • We always appreciate your feedback or other suggestions about the service itself and do our best to improve the service according to that feedback. By submitting us feedback via our service or any other channel, we may use them without any obligation to reward, recognize, or compensate you for them (just as you have no obligation to offer them).
  • Safety and security are of the highest importance for us. We do our best to keep the service and related information safe, but we cannot guarantee it. We need your help as a User to keep the service safe, which includes the following commitments by you:
    • You will not post unauthorized commercial or disturbing communications (such as spam) on the service.
    • You will not collect the content or information in the service, or otherwise access the service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior written permission.
    • You will not engage in any unlawful, malicious or discriminatory activities in the service, if you do, we can't be held responsible and you will take full responsibility of your actions.
    • You will not upload viruses, post or inject any malicious code or try to corrupt the data in the service.
    • You will not solicit login information to anyone or access an account belonging to someone else.
    • You will not bully, intimidate, or harass any user in the service.
    • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    • If you as a customer or user of the service are to engage in any promotional activities, such as but not limited to sweepstakes or competitions, you will yourself take care of any and all legal obligations required, as mandated by the law in your country.
    • You will not do anything that could disable, overburden, or impair the service, such as a denial of service attack or interference with page rendering or other functionality.
    • You commit to keeping confidential all material and information regarding the Service, or otherwise received from Viima, that is labelled as, or otherwise communicated as, not being public information ("Confidential Information"); including but not limited to offers and other pricing related information.
    • You understand that you are solely responsible for the safety, security and confidentiality of communications outside of Viima's Service and will not share classified information (such as personal data or customer data) with Viima's staff or Support via unprotected channels, such as unencrypted email. If you are unsure of how to proceed, please contact Viima's Support prior to sending such information. Viima Solutions Oy is not in any way responsible, nor can it be held liable for any consequences resulting from Your actions.
    • You will not facilitate or encourage any violations of these Terms or any of our other policies.
  • Registration and Account Security Users of the service should provide their real names and valid information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    • You will not provide any false personal information in the service, or create an account for anyone other than yourself without a legally valid permission.
    • You will not create more than one personal account.
    • If we disable your account, you will not create another one without our permission.
    • You will not use the service if you are under the age of 18. In some cases, it might be possible to make an exception with a valid permission from your legal guardian that is submitted beforehand in writing. If you are under the age of 18 and should want to use the service, please inquire about the situation from dpo@viima.com.
    • If your country has any other legal obligations for companies storing your information, you are to either notify us via email (legal@viima.com) of those terms in order for us to comply with them BEFORE using the service, or not use the service at all.
    • You will keep your contact information accurate and up-to-date.
    • You will not share your password or any other confidential information (such as possible secret keys), let anyone else access your account, or do anything else that might jeopardize the security of your account.
    • You will not transfer your account to anyone without first getting our written permission.
    • You will only use "strong" passwords, i.e. passwords that are long enough, contain enough of different types of characters and are not easily guessable. You will rotate passwords on a timely fashion and not reuse any of the five previous passwords.
    • Your username and other public information are subject to our right to remove, reclaim or edit the information if we believe it is appropriate (such as when a trademark owner complains about a username).
  • Protecting Other People's Rights. We respect other people's rights, and expect you to do the same.
    • You will not post content or take any action in the service that infringes or violates someone else's rights or otherwise violates the law.
    • We can remove any content or information you post in the service if we believe that it violates these Terms of Use.
    • Should you feel that intellectual property rights have been violated, we will try to help you if it's feasible. In these cases, contact legal@viima.com.
    • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    • You will not use our copyrights or trademarks or any confusingly similar marks, except with our prior written permission.
    • If you collect any information not covered by these Terms of Use, you will: obtain their consent, make it clear you are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it as per appropriate legislation.
    • You will not post anyone's identification documents or sensitive financial information.
    • You will not use the features of the software or information retrieved from the service for purposes that would be considered illegal, as per the legislation in Finland and your respective country of operations, or harmful for other people's rights.
  • Pricing & Billing By signing up for, and using, the Service, you (hereafter "Customer") agree to an ongoing contract with Viima Solutions Oy (hereafter "Supplier"). To resign, end, or otherwise cancel this contract, you are to contact us at support@viima.com with an email account that is linked to an administrator user of the given Customer. Resignation is subject to a one month notice period beginning on the first day of the following month. Unless otherwise agreed upon, invoicing happens monthly, either at the beginning of the month in question or at the beginning of the subscription term, however, the Supplier reserves the right to freely choose the time of invoicing the Customer. Invoices are generally either paid by credit card with the receipt being sent via email, or then sent via email and paid via a bank transfer, although other methods can also be agreed upon by contacting us via our contact page. In case credit card information is submitted, you consent to your personal data being sent to and processed by our fully PCI compliant third-party payment processor, which resides within the EU and follows appropriate legislation for handling and processing your personal data. Unless otherwise agreed upon beforehand, the price of the Service in the invoice will be determined as indicated in the software during your upgrade process, or on our pricing page. If your pricing is dependent on the amount users, then we count the amount of users per month from users that have been marked as active on any of the Viima Boards within your organization from the following user categories: a) a pre-ordered/agreed fixed amount of user licenses, b) user accounts that has been registered by users, c) users that have been added or imported by your admin users (even if they haven't logged) and d) anonymous users that have contributed in someway (i.e haven't been pure spectators). Prices are subject to change without further notice. In case the prices are to be adjusted upwards, you shall be notified of the change in advance. Additional Services (see below), such as support requests and/or other services that are not included in your plan, can be invoiced at a rate of 200€ per hour at the sole discretion of Viima. In case travel is required to fulfill Additional Services, travel costs and time shall also be invoiced in full. All prices are without VAT or other taxes, which will be added to the prices if required by law and as per the requirements of applicable legislation. Any late payment interest shall be in accordance with the Finnish Interest Act and Viima shall be entitled to invoice reasonable additional late payment charges.
  • Additional Services. Viima offers additional services that are not included in all plans, such as but not limited to, consulting, software customization, exportation of data, contract termination assistance, return or deletion of confidential data etc. Some of these can be found from our pricing page, in which case they are marked as optional with an asterisk (*), or an up-arrow icon (). As these are optional services, the Customer is thus not automatically entitled to use these services. For related inquiries, please contact support@viima.com.
  • Payments. Any and all payments you make in the Service should always be related to the Service itself, or other related services. Even if they aren't, they are subject to terms available in conjunction with the payment in question. If no such terms are present, Viima Solutions Oy will not be subject to or responsible for the payment made and you should proceed with caution.
    • Viima reserves all rights to, at its sole discretion, limit the functionality of the Service, prevent access to the Service and/or to cancel your account unless the appropriate Service fees, as described above, are paid in a timely manner.
  • Special Provisions Applicable to Plugins, Out-of-the-Box Integrations built by Viima and Widgets If you include our Plugins, Out-of-the-Box integrations built by Viima and/or Widgets, such as an embeddable iframe on your website, the following additional terms apply to you:
    • We give you permission to use the plugins and/or widgets so that users can access the service from a website that you own.
    • You give us permission to use any of the content submitted as agreed to in these Terms of Use and commit to adhering to these Terms.
    • You will not place a plugin or widget on any page containing content that would violate these Terms or that you do not have ownership of or proper permission to modify.
    • We may store information in our database(-s) that has been transferred through an Out-of-the-Box integration built by Viima such as the Jira integration or one of the SSO integrations for the purpose of delivering the service to the Customer.
    • We do our best to keep Out-of-the-Box integrations up-to-date and error free, but as these third parties may choose to change their APIs on short notice, or suffer service interruptions, and You accept that we can't guarantee that and won't be held responsible or liable for any such errors, outages or other problems.
    • We are not liable for any damage caused to You or any other third parties from the usage or deployment of any of Viima's Plugins, Out-of-the-Box Integrations built by Viima or Widgets.
  • Special Provisions Applicable to Developers/Operators of Websites, applications or other service If you are a developer or operator of an application, website, or other service that builds on top of the functionality (software, interfaces, integrations and APIs) provided by Viima, or that provides additional complementary features and/or capabilities, the following additional terms apply to you:
    • You will only request data you need to operate your application.
    • You will have a privacy policy that tells users what user data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in a visible location for all new users coming in to the service.
    • You will not use, display, share, or transfer a user’s data in a manner inconsistent with your privacy policy.
    • You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
    • You will not include data you receive from us concerning a user in any advertising creative.
    • You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
    • You will not sell user data.  If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
    • We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
    • We can limit your access to data.
    • have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act and other applicable legislation.
    • You are responsible for your application and its content and all uses you make of that service.
    • Your service has written permission, such as a valid Premium or Enterprise subscription, from us to access our service or APIs.
    • Your access to and use of data you receive from the service, will be limited as follows:
    • You will not give us information that you independently collect from a user or a user's content without that user's consent.
    • You will follow all appropriate legislation related to privacy and processing of personal data, such as the General Data Protection Regulation (GDPR).
    • You will make it easy for users to remove or disconnect from your application.
    • You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
    • You will provide customer support for your application.
    • You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
    • You will not misrepresent your relationship with Viima to others.
    • We can issue a press release and/or other marketing materials describing our relationship with you.
    • You will comply with all applicable laws. In particular you will (if applicable):
    • We do not guarantee that developer access will remain free or as part of your current subscription plan.
    • You give us all rights necessary to enable your application to work with the service, including the right to incorporate content and information you provide to us.
    • We can analyze your application, content, and data for any purpose, including commercial.
      • This provision does not apply for Customers using integrations that are built by and fully supported by Viima, such as our Yammer integration or the embedding of an iframe. In such cases, the other provisions of this Agreement still apply for Customer data.
    • To ensure your application is safe for users, we can audit it.
    • We can create applications that offer similar features and services to, or otherwise compete with, your application.
  • Special Provisions Applicable to Software
    • If you download or use our software, such as a stand-alone software product, an app, a web service or site, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
    • You will not modify, create derivative works of, decompile, reverse engineer, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
    • Under no circumstances, are you allowed to try to reverse engineer the service in order to attempt to replicate or modify the behavior of the software, or to cause any kind of harm for the Company, and/or other Clients, Users and/or Customers, using the Service.
  • Special Provisions Applicable for Customers, Admin Users of the Service
    • You will not use the service, the individual features of the software or information retrieved from the service for purposes that would be considered illegal as per the legislation in Finland and your respective country of operations or harmful for other people's rights and are responsible for all consequences and sanctions of these actions. Viima Solutions Oy will not be held liable in any way or form.
    • By using the Service, you consent to us using the logo and name of your company or organization for marketing purposes, referred to as a customer, client and/or other similar terms.
    • As the Data Controller, you commit to keeping confidential information and Content confidential, and for ensuring that your Users do so as well. Any and all damages from failing to keep confidential information confidential are at your sole responsibility, including potential damages affecting Viima.
    • As the Data Controller, you understand that you are responsible for managing the access rights to your own data in Viima (i.e. the data related to your Viima organization, as well as related Viima boards), and that you are responsible for all consequences and sanctions of your actions, or lack thereof in this regard, Viima Solutions Oy will not be held liable in any way or form.
    • You agree to only use the Service for the purposes of the Customer organization, meaning that You can’t use one subscription to service multiple different organizations. For example, if You are on our Unlimited plan, and provide consulting services for your own customers, You may engage them to improve your business, but You may NOT use the Service to directly benefit Your own customers, for example by hosting their innovation processes with the Your Unlimited plan.
    • If you are to engage in activities, such as but not limited to email marketing and/or lotteries, with the help of the service (including but not limited to the use of the service, it's individual  features or data acquired from the service) that requires consent or authorisation  from either the users/participants/recipients or the authorities of Finland or any other country and/or area you are operating in, or is in any other way regulated, you are responsible for acquiring the respective consent, permission, authorisation or license and to proceed as per the regulations and legislation requires and are responsible for all possible consequences and/or sanctions of any activity/inactivity violating any regulation or legislation. Viima Solutions Oy will not be held liable in way or form.
  • Amendments
    • We may make changes or amendments to these Terms of Use and related documents, such as our Privacy Policy and Data Processing Agreement, at any time without any notification or consent from you. In case of significant changes that we shall enforce, our Customers (but not Users) shall have the right to object to these changes, in which case the next steps are to be mutually agreed upon.
    • If we make changes to policies referenced in or incorporated by these Terms of Service, we may provide notice to our Customer’s contact person in a yet unspecified format.
    • Your continued use of the service following changes to our terms constitutes your acceptance of our amended terms.
  • Termination If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or parts of the service to you. We will notify you for example by email or at the next time you attempt to access your account. You may also request your account or application to be deleted or disabled at any time by emailing us (support@viima.com). In all such cases, these Terms shall terminate regarding the future, but will still apply for any and all of your actions or use of the service in the past.
    • Viima reserves the right to terminate your account in its sole discretion without prior warning, should we suspect you to be a competitor of Viima, have ties to a competitor of Viima or appear to be planning to take part in such competing activities in the future.
  • Governing law and dispute resolution
    • This Agreement is governed by and construed in accordance with the laws of Finland. The parties agree that any dispute, cause of action, or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the exclusive jurisdiction of the court that is in the home municipality of Viima Solutions Oy, currently Espoo, Finland.
    • You and Viima waive their rights (if applicable) to a trial by jury relating to all claims and causes of action (including counterclaims) related to or arising out of this Agreement. This waiver shall also apply to any subsequent amendments or modifications to this Agreement.
    • All claims between the parties, including parent companies and subsidiaries, related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services.
    • Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, shall in no way waive Your obligation to comply with any of the provisions of the Agreement or Our ability to enforce each and every such provision as written.
    • Any and all waivers by either party hereto of any provision, condition or requirement of the Agreement will only be effective against the other Party if it is in writing and signed by an authorized officer of that Party, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    • If anyone brings a claim against us related to your actions, content or information on the service, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including all legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the service and are not responsible for the content or information users transmit or share on the service. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the service. We are not responsible for the conduct, whether online or offline, or any user of the service.
    • WE TRY TO KEEP THE SERVICE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. VIIMA SOLUTIONS OY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF THERE EXISTS ANY LEGAL OBLIGATION THAT SAYS THAT THIS KIND OF GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR, YOU WILL DROP THESE CLAIMS BY USING THE SERVICE. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE OR THE SERVICE IN GENERAL WILL NOT EXCEED THE GREATER OF FIFTY EUROS (€50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, VIIMA SOLUTIONS OY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  • Special Provisions Applicable to Users Worldwide We strive to create a global service with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the service from either Finland, the EU or anywhere outside of EU:
    • You consent to having your personal data transferred to and processed in any country chosen by Viima Solutions Oy. Currently all of the data in our Service is being stored in the EU but we may change the location of your data without further notice. For more details on international data transfers, please refer to our Data Processing Agreement.
    • If you are located in a country embargoed by Finland or the EU, or there exist any other international limitations on commerce between your country and Viima Solutions Oy's home country, currently Finland, you will not engage in commercial activities by using or with the help of our service. You will not use the service if you are prohibited from receiving products, services, or software originating from the home country of Viima Solutions Oy.
  • Definitions
    • By "Viima", "Viima Solutions Oy", "Company" we mean the legal entity of Viima Solutions Oy registered in Finland.
    • By "Service", "Services",  "Application", "App" we mean the features and services we make available, including through (a) our web application at app.viima.com and any other related Viima branded or co-branded websites (such as help.viima.com, including but not limited to sub-domains, international versions, widgets, third-party integrations and add-ons, mobile versions and applications); (b) our developer offerings both now existing or later developed (such as APIs); (c) plugins or widgets such as the activity feed or other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
    • By “Site”, “Website”, we refer to Viima’s homepage and related websites available at www.viima.com (“Viima Homepage”, “Homepage”, “Website”).
    • By “Controller”, “Data Controller”, we refer to the legal body of the Customer using the Service and responsible for processing data with the Service.
    • By “Processor”, “Data Processor”, we refer to Viima Solutions Oy as the legal body responsible for processing data under this agreement.
    • By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with the service.
    • By "content" we mean anything you or other users post on the service that would not be included in the definition of information.
    • By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from the service or provide to the service directly or indirectly.
    • By "post" we mean make available by using the service.
    • By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    • "Personal Data" means any individual element of information concerning the personal or material circumstances of an identified or identifiable individual.
    • "Processing" means processing of Personal Data on behalf, encompassing the storage, amendment, transfer, blocking or erasure of personal data by the processor acting on behalf of the Controller.
    • "Instruction" means the written instruction, issued by Controller to Processor, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available). Instructions shall initially be specified in these Terms and may, from time to time thereafter, be amended, amplified or replaced by Controller in separate written instructions (individual instructions).
  • Other
    • These terms of use make up the entire agreement between the parties regarding Viima Solutions Oy, and supersedes any prior agreements, unless another written, legally binding contract between the party and Viima Solutions Oy exists that is signed by Viima Solutions Oy and considered by Viima Solutions Oy to be forceful
    • Deviations from these terms can be created by the Customer and Viima mutually agreeing to using a different contract for providing the Services listed herein, as well as any other additional services.
    • If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
    • Any amendment to or waiver of these Terms must be made in writing and signed by us.
    • You will not transfer any of your rights or obligations under these Terms to anyone else without our written consent.
    • All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    • Nothing in these Terms shall prevent us from complying with the law.
    • These Terms do not confer any third-party beneficiary rights.
    • We reserve all rights not expressly granted to you.
    • You will comply with all applicable laws when using or accessing the service.
  • Contact information
    • For questions related to Privacy and Security, please contact our Data Protection Officer via email at dpo@viima.com
    • For all other inquiries regarding this Agreement, please contact legal@viima.com.