Vertex Systems Terms of Service BETA
These Terms of Service (“Terms”) will apply to all Vertex internet-accessible services, including without limitation updates, upgrades, and other modifications (“Service”) made available to the user (“User”) by Vertex Systems Oy (”Vertex”). The Services shall also include any services for administering the licenses and logging into the Services.
The Terms are binding between Vertex and the User permitted to use the Service.
Acceptance and Eligibility
By using the Service, the User agrees to these Terms. The User declares to have read and agrees to Vertex Services Privacy Policy. The User declares to have read and agrees to the Cookie Policy of Vertex.
These Terms govern the User’s administration, registration, access and use of Services.
The User warrants that they are at least 18 years of age and therefore has full legal capacity to enter into binding contracts.
VERTEXID ACCOUNT
In order to use the Services, the User authorized by the Company which has purchased the license must create an VertexID account (“Registration”) for the Services. When the User creates and account on behalf of a company, organization or other legal entity (“Entity”), such Entity shall also be considered to be a User. When creating an account and agreeing to be bound by the Terms, the User warrants having legal representation and authorization to agree to the Terms on behalf of the Entity.
The User warrants that the information provided when creating an account, is accurate and complete. The User are required to keep their password secure and not to share the password with anyone. If the User’s account is compromised or used unauthorized, the User should notify Vertex immediately.
SCOPE OF SERVICES
Service is an internet-accessible service that is hosted by Vertex or its service provider. The Service provides access to use of the Vertex software, including any updates or new versions provided by Vertex or third-party. The Service may also include content that is hosted by the Vertex or its service provider and made available to the User over a network.
The Services may include links to a third-party services or third-party services may be made available to the User via Services. These third-party services may include, but are not limited to instant messaging, collaboration systems, and social media connectivity. These services are subject to respective third- party terms and conditions and Vertex takes no responsibility and assumes no liability for any third-party services.
Property Rights and restrictions of Use
The Software and the Service including the models, component, features and functionality are and will remain the exclusive property of Vertex. The Service may be used but may not be provided to unauthorized third parties for their use.
Copying, reverse engineering, decompiling, disassembling, or modifying the whole or any part of the Service is strictly forbidden.
USER CONTENT
The User is solely responsible for the content uploaded to the Service (“User Content”). The User declares that they have the necessary licenses, rights, consents, and permissions to upload User Content to the Service and that the User Content does not violate any law or the intellectual property rights of third parties. All proprietary rights related to User Content remain with the User. Vertex does not control or review User Content but reserves the right to remove any User-created Content for any reason, including but not limited to User Content that contradicts these Terms.
The User may give viewing rights to the User Content to third parties. For Service uploaded User Content, the User grants Vertex the right to show the User Content to other Users. The User grants Vertex and other Users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute User Content in the Service solely for the purposes of operating, developing, providing, and using such service.
User undertakes to defend and protect Vertex and its subsidiaries, affiliates, agents, employees, agents, partners, or licensors from any liability or action, claims, damages, losses, and costs (including reasonable legal costs) brought by other Users or third parties in connections with the Users use of the Service, including the User Content uploaded by the User. If the User Content contains personal data of third parties, the User (or the entity represented by him) shall be the data controller for such personal data. When User Content is deleted from the Service by the User it cannot be restored. Copies of User Content may be retained and be available elsewhere where they would have been integrated. Vertex assumes no responsibility for retention of User Content transferred or downloaded to the Service and managed by the User.
Term of validity and termination
The Service shall be provided as long as the User is provided with a valid license.
Should the User act contrary to the letter or the spirit of these Terms, Privacy Policy applicable from time to time, or otherwise create risk of legal exposure for Vertex, Vertex may, stop providing Services to the User, with immediate effect. Vertex reserves the right to, at any time and at their discretion, with or without cause or notice, to terminate or suspend the license or Services to the User. The User shall continue to be bound by the provisions of these Terms even after termination.
LIMITATION OF LIABILITY
THE SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
VERTEX SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THERE IS NO WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET THE USER’S REQUIREMENTS. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICES TO ACHIEVE THE USER’S INTENDED RESULTS AND FOR THE USE AND RESULTS OBTAINED FROM IT.
VERTEX DOES NOT GUARANTEE THAT THE SERVICE WILL BE PERFORMED ERROR-FREE, UNINTERRUPTED OR virus-free. THE user ACKNOWLEDGES THAT vertex DOES NOT CONTROL THE TRANSFER OF DATA OVER SERVERS OR THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH SERVERS. vertex shall not BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF USER content OR ANY SECURITY BREACHES.
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT VERTEX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VERTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL VERTEX’S AGGREGATE LIABILITY TO THE USER EXCEED EUR 100.
Vertex takes no responsibility and assumes no liability for any User Content or the accuracy thereof. The User shall use THE User Content OF any other user or third-party posts transmitted using VERTEX ServiceS at their own risk.
Applicability
These Terms shall start to apply upon Registration and remain in force until amended. Vertex reserves the right to determine the form and means of providing notifications to the User. The User agrees to receive legal notices electronically, if necessary. Vertex reserves the right to revise the Terms from time to time and the most current version will be that posted on the Vertex website. By continuing to use the Services the User accepts and agrees to the content of the revised Terms. If the User at any time does not agree to the then current Terms, The User should cease using the Services and close their account.
GOVERNING LAW AND DISPUTES
These Terms shall be construed and interpreted pursuant to the laws of Finland.
In the event of any dispute concerning this Agreement or the interpretation of same the parties shall use their best endeavours to settle such disputes by means of amicable negotiations. Any dispute that cannot be settled amicably shall be settled by the District Court of Pirkanmaa.
Contact Information
For questions and information about these Terms, please contact us at info[a]vertex.fi or alternatively at Vertex Systems Oy, Vaajakatu 9, 33720 Tampere, Finland.
Dated 28.2.2024
