Single User Terms
Effective Date: Jan 1, 2023
These Terms of Service ("Terms") govern your access to and use of the services, including our website, application and email notifications, (the "Services" or "Truugo"), and any information or materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content").
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. Truugo is property of Netum Oy (“we”, "Netum"). However, if your organization and Netum have executed a separate agreement regarding the Services, such agreement shall be applied instead of these Terms.
You may use the Services only if you can form a binding contract with Netum and are not a person barred from receiving services under the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you do not have such authority, or you do not agree with these Terms, you must not accept these Terms and you may not access nor use the Services.
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.
The Services that Netum provides are always evolving and the form and nature of the Services that Netum provides may change from time to time without prior notice to you. In addition, Netum may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services. The types and extent of advertising by Netum on the Services are subject to change. In consideration for Netum granting you access to and use of the Services, you agree that Netum may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Truugo account, which you may not be able to opt-out from receiving.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Netum cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or are otherwise deceptive. Under no circumstances will Netum be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You retain your rights to any Content you submit on the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users.
Netum gives you a worldwide, non-assignable, revocable and non-exclusive organizational SaaS license to use the software that is provided to you by Netum as part of the Services in accordance with these Terms for the duration of your license. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Netum, in the manner permitted by these Terms.
All rights to the Services (excluding Content provided by users) are and will remain the exclusive property of Netum. The Services are protected by copyright, trademark, and other laws of both Finland and foreign countries.
By submitting Content on the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, publish and reproduce such Content. If you submit Content to be published as public, you acknowledge and agree that such Content can be indexed by Netum to be found on search engines and made publicly available.
Any feedback, comments, or suggestions you may provide regarding Truugo, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Truugo, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Netum (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Netum; (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming the Services, or by scripting in such a manner as to interfere with or create an undue burden on the Services.
The prices for the Services are as posted at the Website in EUR and do not include any sale taxes (VAT). The total purchase price, including VAT, if any, will be displayed in the shopping cart prior to confirming the order.
Netum reserves the right to periodically update prices for the Services, which cannot be guaranteed for any period of time.
Optional paid services are available on the Website ("Upgrade"). By selecting an Upgrade you agree to pay Netum the periodic subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a subscription period as indicated. Upgrade fees are not refundable.
Your Upgrade subscription will not automatically renew unless you check "Enable auto-renewal for this order" during the checkout process. Upgrades can be canceled at any time via My Account section of the Payment Gateway (Verifone/2Checkout).
If you have not paid for the Services, Netum may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
If you have paid for the Services, Netum may terminate your access to all or any part of the Services, with or without cause, with one (1) month prior notice. However, if you have breached these Terms, Netum shall have the right to terminate your access to all or any part of the Services, with or without notice, effective immediately.
If you wish to terminate your use of the Services or your Truugo account (if you have one), you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Please read this section carefully since it limits the liability of Netum and its subsidiaries, officers, directors, employees, agents, representatives and partners (collectively, the "Truugo Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, TRUUGO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Truugo Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Truugo Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Truugo Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Truugo Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRUUGO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRUUGO ENTITIES EXCEED THE GREATER OF ONE HUNDRED EUROS (100.00€) OR THE AMOUNT YOU PAID NETUM, IF ANY, IN THE PAST MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TRUUGO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of Netum to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Finland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in Helsinki, Finland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
You agree to indemnify and hold harmless Netum and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of these Terms.
We may revise these Terms from time to time, the most current version will always be at Website. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Netum, Helsinki, Finland. If you have any questions about these Terms, please contact us.