Last updated: May 25, 2018
GENERAL TERMS AND CONDITIONS
These Terms of Service apply to all agreements by the Customer and Trackinno considering the use of the Trackinno Service or any other software or non-software related products and services provided by Trackinno (the “Service”).
The details of the agreement are defined by the Parties in a separate document, which constitutes the primary source of terms and conditions of this Agreement.
1. The Service and the Right of Use
When purchasing any product or service provided by Trackinno, the specifications and properties of the said product or service are defined in separate data sheets and the specific agreements between the Parties.
The Customer’s right to use the Software Service is specified in accordance with the IT2018 ETP Special Terms and Conditions for Services Delivered via Data Network.
The Software Service must be used in accordance with all instructions and terms by Trackinno, including its possible separate Terms of Service valid at time.
2. Specification and Ownership of Material in the Service
All material input by the Customer and data derived thereof and accumulated through the use of Service shall be considered the Customer’s material in accordance with the IT2018 ETP Special Terms and Conditions for Services Delivered via Data Network.
All such material disclosed or made available to the Customer by Trackinno for the purpose of using the Software Services that has not been specified as the Customer’s material, shall be the Supplier’s material.
Trackinno reserves the right to collect anonymized or pseudonymized specific or general aggregated and/or derivative data of the usage of the Service and data input by the Customer or on the Customer’s behalf. Trackinno shall be considered owner of this data and has the right to use this data for any purpose in accordance with valid privacy and other relevant laws.
The returning of the Customer’s material has been agreed in accordance with the IT2018 ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
Unless Parties have specifically agreed otherwise, Trackinno will not receive any physical material related to the Service from the Customer.
3.Training and deployment
3.1. Training and Support of the Customer’s Personnel
Unless the Parties specifically agree otherwise, no training of the Customer’s personnel is included in this agreement.
Support concerning the deployment of the Software Service has been agreed in accordance with the IT2018 ETP Special Terms and Conditions for Services Delivered via Data Network
4. Reference Rights
Trackinno has the right to use Customer name and logo as reference in its marketing and other material, including websites and printed advertisements, unless forbidden explicitly in writing.
Without specific permission of the Customer, Trackinno will not however publish any further details of the usage of the Service by the Customer. This includes, for example, the number of users, tracked objects or the length of customership by the Customer.
5. Payment terms
Unless specifically otherwise agreed in writing, the Parties agree on the following guidelines of invoicing and payment:
Trackinno shall invoice recurring charges monthly in advance.
For the services that are not covered by the recurring charges or are not recurring in nature, Trackinno will invoice such charges monthly.
The payment terms are 14 days net from the date of invoice.
If the Agreement is terminated by the Customer for any reason apart from a material breach on behalf of Trackinno, Trackinno will not refund advance payments. In case of unpaid invoices already sent by Trackinno in accordance with this Agreement, termination does not result in cancellation of said invoices, unless parties agree otherwise.
6. Maintenance and Changes to the Software
6.1. Maintenance of the Software
Maintenance of the software shall be commenced in accordance with IT2018 ETP Special Terms and Conditions for Services Delivered via Data Network.
However, Trackinno reserves the right to suspend the delivery of the service for maintenance reasons on any time it deems necessary. Trackinno will strive to stage all non-critical maintenance on times that has as low impact on the Customer’s use of the Software Service as possible, and will inform of such maintenance in advance
6.2. Service Level
Unless the Parties have agreed on a specific Service Level, Trackinno will strive, but not guarantee, to provide a failure-free and continuously available service.
The Software Service is provided as-is, and Trackinno is not responsible for damages from outages, failures, errors or any other malfunctioning or downtime of the Software Service, unless otherwise stated in the valid law.
6.3. Changes to the Software Service
Trackinno has the right to develop the Software Service at its discretion. This includes, but is not limited to, changes to, updates to and removals of features, user interface or any other aspect of the Software Service, whether visible to the Customer or not.
Regardless of the nature of motive of the change, Trackinno has the right to make any additions, updates or other changes to the software at any time and without explicit obligation to notify the Customer in advance. However, Trackinno strives to inform the Customer in advance of any changes having an effect on the user experience of the Customer.
If the changes result in removal of functionality or other diminishing effects on the contents of the Software Service, Trackinno must notify the customer of the Change in writing at least 30 days before the changes. The customer has a right to terminate the agreement by giving 14 days of notice before the effective date of the change. The agreement shall be terminated on the said effective date of the change.
Trackinno keeps a public changelog of changes to the Software Service and will notify users of major changes.
7. Data security and personal data
Data security has been agreed in accordance with the IT2018 Terms and Conditions annexed to this Agreement.
Backup procedures have been agreed in accordance with the IT2018 Terms and Conditions annexed to this Agreement.
Processing of personal data has been agreed in accordance with the IT2018 EHK Special Terms and Conditions for the Processing of Personal Data annexed to this Agreement.
8. Liability and limitations thereof
Liability for damages of the processing of personal data has been specified in the IT2018 EHK Special Terms and Conditions for the Processing of Personal Data in Section 9.
Liability for other damages has been specified in the IT2018 YSE General Terms and Conditions Section 13.
9. Annexes to the agreement
The following terms and conditions form an integral part of these Terms (in order of priority). In case of conflicts, this document takes precedence.
– IT2018 EHK Special Terms and Conditions for the Processing of Personal Data and ETP Special Terms and Conditions for Services Delivered via Data Network
– IT2018 YSE General Terms and Conditions
IT2018 Terms and Conditions can be viewed at their original source http://www.it-ehdot.fi/tutustu-ehtoihin