TERMS OF USE
1. ÄLY AID
Äly Aid is a website owned and operated by Äly Aid Oy, a company registered in Finland with company number 2928328-6, and with registered address at Svinhufvudintie 9 A 6, 00570 Helsinki, Finland (“Äly Aid” or “We”). These Äly Aid Terms of Use together with the Äly Aid Privacy Notice apply to Your use of the Äly Aid website, services (“Äly Aid Platform”). The Äly Aid Platform allows registered users (“Äly Aid Users”) to use the Äly Aid Platform to improve the well-being of their teams and achieve positive dynamics and productivity.
​2. APPLICATION OF THESE ÄLY AID TERMS OF USE
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2.1 Unless otherwise agreed in writing by Äly Aid, these Äly Aid Terms of Use apply to any visitor of Äly Aid website, also when using the Äly Aid Platform. The terms “You” and “Your” refer to such Äly Aid Users and other visitors of the Äly Aid website (“Visitors”). Conversely, the term We, Us or Ours refer to Äly Aid.
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2.2 By accessing or using any part of the Äly Aid website and the Äly Aid Platform You agree to be bound by these Äly Aid Terms of Use. You also agree to be bound by the Äly Aid Privacy Notice. Prior to using the Äly Aid Platform (including its limited demonstration form (“Trial”), You will be required to accept these Äly Aid Terms of Use and the Äly Aid Privacy Notice.
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2.3 Except as it may be agreed in a separate written contract between You and Äly Aid, Äly Aid may alter these Äly Aid Terms of Use and/or the Privacy Notice at any time, at its sole discretion. It is Your responsibility to ensure You periodically read these Terms of Use to familiarize with any change.
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3. USE OF THE ÄLY AID PLATFORM
3.1 The Trial is made available free of charge to Äly Aid Users and visitors can freely access the Äly Aid website.
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3.2 Beside the Äly Aid Trial, use of the Äly Aid Platform is subject to these Terms of Use and any additional terms that may be agreed in writing by Äly Aid.
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3.3 The Äly Aid website and the Äly Aid Platform need to be maintained and may be subject to suspension and interruptions, Äly Aid does not warrant therefore that You will have access to the Äly Aid Platform at all times, that the Äly Aid Platform will be provided free of faults, or that the Äly Aid Platform do not contain viruses or other harmful components.
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3.4 Äly Aid may suspend, withdraw, discontinue or change all or any part of Our Äly Aid website without notice. We will not be liable to You if for any reason Our Äly Aid Platform is unavailable at any time or for any period.
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3.5 You are responsible for making all arrangements necessary for You to have access to Our Äly Aid Platform.
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3.6 Äly Aid reserves the right to suspend or terminate Your access to and use of the Äly Aid Platform for any reason.
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4. YOUR ACCOUNT AND PASSWORD
4.1 To use the Äly Aid Platform, You will be required to set up an account (“Äly Aid Account”). You will generate a Äly Aid ID (“Äly Aid ID”) which will correspond to the email address You register with, password or other information as part of Our security procedures. You must treat such information as confidential. You must not disclose it to any third party. You are fully responsible for all use of the Äly Aid Account and any actions that take place through Your Äly Aid Account. In particular, You are responsible for ensuring that any information You provide us is accurate, complete and up-to-date. Please note that Äly Aid may be required to send You a reminder from time to time to review the accuracy and correctness of Your information.
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4.2 Äly Aid reserves the right to disable any Äly Aid ID or password or other security information, whether chosen by You or allocated by Äly Aid, at any time, if in Our reasonable opinion You have failed to comply with any of the security provisions. If You believe Your Äly Aid Account, Äly Aid ID or password might have been compromised You must promptly change your password and notify us at support@alyaid.fi.
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4.3 Depending on Your employer’s choice, Äly Aid gives You the choice to login into the Äly Aid Platform using your Äly Aid ID or Google or other social network accounts. Also in this case your Äly Aid user ID will be the email address You have chosen for the selected social network. Äly Aid does not have any capability to protect Your social network authentication. It is Your sole responsibility to protect Your Facebook password and data and to ensure that no third-party gains access to them. Äly Aid disclaims any liability in relation to any misuse of Your Äly Aid account accessed with your social network credentials.
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4.4 You are responsible for using a strong password for both the social network and Äly Aid, using a mix of capital and lowercase letters, numbers and special signs and to change your password often. You must also change your password each time you believe someone else than you could have gained access to it or to Your social network account.
4.5 In no event shall Äly Aid be held liable for any misappropriation, misuse or abuse of a Äly Aid account.
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4.6 You may not attempt to gain unauthorized access to any Äly Aid website, Äly Aid Platform, other accounts, computer systems or networks connected to any Äly Aid servers, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Äly Aid website, Äly Aid Platform.
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4.7 Äly Aid may suspend or terminate your access to the Äly Aid Platform if You fail to comply with any of these Äly Aid Terms of Use including but not limited, if you are a Äly Aid User any failure in performing Your credit card payments.
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4.8 Äly Aid may terminate your account at any time by giving you thirty (30) days notice through Äly Aid notification or email. You understand and agree that the notice period is reasonable and sufficient and in the event of termination Äly Aid shall not be held liable of any damages whether direct, indirect or consequential You may incur.
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5. FEES AND PAYMENTS
Äly Aid charges fees based on the contract You choose. Äly Aid reserves the right to make annual increases to the license fees in the amount up to 5 % in the event of general price increases. The fees are due and payable immediately upon issuance of the related invoices issues by Äly Aid.
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6. CANCELLATION
The fees become payable immediately upon issuance of an invoice by Äly Aid and they are non-refundable and cannot be offset or reduced. No reimbursement is due for any unused subscriptions or part of subscriptions.
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7. INTELLECTUAL PROPERTY
7.1 All Äly Aid Platform design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Äly Aid Platform are copyright of Äly Aid and its affiliates, or their content and technology. ALL RIGHTS RESERVED. Any use of materials on this Äly Aid Platform including reproduction for any purpose, modification, distribution, or republication without the prior written permission of Äly Aid is strictly prohibited. Nothing in these Äly Aid Terms of Use is intended to grant any license whatsoever in relation to any of intellectual property rights of Äly Aid.
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7.2 You may view the contents of the Äly Aid Platform on screen and You are permitted to print a reasonable number of copies of a reasonable extract or extracts from this Äly Aid Platform of any report provided to You by Äly Aid in its entirety for Your personal use. All other copying and distribution of the contents of the Äly Aid Platform to any third party is strictly forbidden. Äly Aid name and trademark is property of Äly Aid.
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8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 To the fullest extent permitted by the applicable law, Äly Aid is providing the Äly Aid website, Äly Aid Platform , as well as access to Äly Aid website and its contents on an ”as is“ basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to the Äly Aid website, Äly Aid Platform the information, content, materials or products included in this Äly Aid Platform, Äly Aid website including, without limitation, warranties of merchantability and fitness for a particular purpose.
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8.2 Except as specifically stated, to the fullest extent permitted at law, neither Äly Aid nor any of its affiliates, directors, employees or other Representatives will be liable for damages arising out of or in connection with the use of the Äly Aid website, Äly Aid Platform the information, content, materials or products included on this Äly Aid Platform anything that occurs in respect of a User's or its Representatives' use of the Äly Aid Platform . This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Äly Aid does not limit its liability for fraud or fraudulent misrepresentation. It also does not limit its liability for death or personal injury to the extent only that it arises because of the gross negligence of Äly Aid, its affiliates, directors, employees, or other representatives. If under any law applicable to the Äly Aid Services, Äly Aid could be deemed liable, Äly Aid’s liability shall be limited strictly to the maximum aggregated amount of one thousand (1000) Euros as equitably agreed foreseeable amount of damages.
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9. NO CONTRACT
Except for these Äly Aid Terms of Use, and the Äly Aid Privacy Notice, no part of the Äly Aid website constitutes any part of an invitation to treat, offer or contract.
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10. LINKING TO OUR ÄLY AID PLATFORM
You are permitted to link the Äly Aid Platform, the Äly Aid website as long as You do so in accordance with all applicable laws and regulation and in a non-derogatory, offensive or otherwise damaging way to Äly Aid or any third party. If You wish to make any use of content on our Äly Aid Platform other than that set out above, please contact support@alyaid.fi.
11. THIRD PARTY LINKS
Within the Äly Aid website and the Äly Aid Platform there may be links or references to third party website or materials. Äly Aid is not responsible for these third websites or their content and Äly Aid will not be in any way responsible for any transaction entered into by You concerning goods or services available from such third-party websites.
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12. PRIVACY NOTICE
We process personal information obtained from You in accordance with our Privacy Notice. You agree to review, acknowledge, and comply with the Privacy Notice. You understand that except whether otherwise indicated in the Privacy Notice, Äly Aid needs to process Your personal information in order to provide you with the Äly Aid Services. By using the Äly Aid Platform , You consent to the following essential personal data processing: Äly Aid’s collection, storage and processing of Your personal information and You warrant that all data provided by You is accurate. Äly Aid will inform You and will require additional, expressed consent for any use of Your personal information other that the use required for the provision of the Äly Aid Platform. If You are uncertain about the scope of Your consent or any aspect of the Äly Aid Privacy Notice, please contact Äly Aid at support@alyaid.fi.
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12.1 SOFTWARE THREATS
Äly Aid website and the Äly Aid Platformare developed with appropriate security measure and care, Äly Aid however does not provide with any warranty that they are free from software viruses or malware or other threats. You are responsible for configuring Your computer programmes, platform, servers and other technology, in order to use our Äly Aid website and the Äly Aid Platform . You are responsible to ensure You are always use an updated and efficient antivirus program.
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13. RULES OF USE AND BREACHES
13.1 You may use the Äly Aid website, Äly Aid Platform only for lawful purposes. You may not use the Äly Aid Platform in any way that breaches any applicable laws or regulations; for any fraudolent or harmful purpose; to send, knowingly receive, upload, download, use or re-use any material to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); to transmit any harmful material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other programs aiming to harm through software or hardware; to reproduce, duplicate, copy or re-sell any part of our Äly Aid webite and Äly Aid Platform in contravention of these Äly Aid Terms of Use.
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13.2 You must not attempt to gain unauthorised access to our Äly Aid website and the Äly Aid Platform , the server on which our Äly Aid Platform is stored or any server, computer or database connected to our Äly Aid Platform . You must not attack our Äly Aid Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence.
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13.3 Suspension and termination. Äly Aid will determine, in Äly Aid’s discretion, whether there has been a breach of this clause 13 of these Äly Aid Terms of Use through Your use of the Äly Aid Platform . When a breach of this Agreement has occurred, we may take such action as we deem appropriate. Failure to comply with this clause 13 of these Äly Aid Terms of Use constitutes a material breach of the Äly Aid Terms of Use, and may result in the taking all or any of the following actions:
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13.3.1 Immediate, temporary, or permanent withdrawal of Your right to use the Äly Aid Platform.
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13.3.2 Issue of a warning to You by sending you an email or otherwise notify You by other means.
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13.3.3 Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
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13.4 In case Your right to use the Äly Aid Platform has been terminated the rights and obligations arising out of sections 1, 3, 7, 11,12, 13.2, 13.3, 13.4, 13.5, 17 and 18 shall survive the termination of Your right to use the Äly Aid Platform any termination of these Terms of Use.
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13.5 Äly Aid disclaims any liability for actions taken in response to breaches of this clause 13 of these Äly Aid Terms of Use. The responses described in this section 13 are not limited, and Äly Aid may take any other action Äly Aid reasonably deem appropriate.
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14. NOTICATIONS
14.1 Unless otherwise required by the applicable laws, any notifications from Äly Aid to You will be made by email to the email address You provided in Your registration or via a communication on Äly Aid website. You are responsible to check Äly Aid website regularly to ensure You are aware of any update.
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14.2 Unless otherwise required by the law, any notification from You to Äly Aid shall be made via email at support@alyaid.fi. If You are under a legal obligation to notify Äly Aid with means other than email, the Äly Aid contact details are the following: Äly Aid, Svinhufvudintie 9 A 6, 00570 Helsinki, Finland.
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14.3 If You contact us with means other than email in any circumstances where email notifications is acceptable You agree that Your notification will be considered invalid.
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15. ENFORCEABILITY
If any part of these Äly Aid Terms of Use or Privacy Notice is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from these Äly Aid Terms of Use and shall be ineffective without, as far as is possible, modifying any other clause of part of these Äly Aid Terms of Use and shall not affect any other provision of these Äly Aid Terms of Use which shall remain in full force and effect.
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16. FORCE MAJEURE
Force Majeure means any act or of the reasonable control of any of the parties including act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder; hacker attacks; discontinuation of power or internet supply; natural disaster, earthquake, act of God, other unforeseeable circumstances beyond the control of the parties. Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event.
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17. WAIVER
No failure or delay by Äly Aid to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise prevent any further exercise of the same, or of some other right, power or remedy.
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18. JURISDICTION
These Äly Aid Terms of Use and the Privacy Notice shall be governed by the laws of Finland. The Courts of Helsinki shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Äly Aid Terms of Use or the Äly Aid Privacy Notice. You hereby agree to submit to that jurisdiction.
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