1. AICHOLOGIST.IO
Aichologist is a website owned and operated by Aichologist Oy (later “We”), a company registered in Finland with company number 3431361-1, and with registered address at Lauttasaarentie 54 E 108, 00200 Helsinki. These Aichologist Terms of Use together with the Aichologist Privacy Notice apply to Your use of the Aichologist website, services (“I.e. Aichologist App & Web App, Business Services”). The Aichologist Services allows registered users (“Aichologist Users’ ”) to use the Aichologist Services in an effort to improve their life, work and achieve positive change in mental well-being and productivity.
2. APPLICATION OF THESE AICHOLOGIST TERMS OF USE
2.1 Unless otherwise agreed in writing by Aichologist, these Aichologist Terms of Use apply to any visitor of Aichologist website, also when using the Aichologist Services. The terms “You” and “Your” refer to such Aichologist Users and other visitors of the Aichologist website (“Visitors”). Conversely, the term We, Us or Ours refer to Aichologist.
2.2 By accessing or using any part of the Aichologist website and the Aichologist Services, You agree to be bound by these Aichologist Terms of Use. You also agree to be bound by the Aichologist Privacy Notice. Prior to using the Aichologist Services (including its limited demonstration form (“Trial”), You will be required to accept these Aichologist Terms of Use and the Aichologist Privacy Notice.
2.3 Except as it may be agreed in a separate written contract between You and Aichologist, Aichologist may alter these Aichologist 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.
3. USE OF THE AICHOLOGIST SERVICES
3.1 The Trial is made available free of charge to Aichologist Users and visitors can freely access the Aichologist website.
3.2 Beside the Aichologist Trial, use of the Aichologist Platform is subject to these Terms of Use and any additional terms that may be agreed in writing by Aichologist.
3.3 The Aichologist website and the Aichologist Services need to be maintained and may be subject to suspension and interruptions, Aichologist does not warrant therefore that You will have access to the Aichologist Services at all times, that the Aichologist Services will be provided free of faults, or that the Aichologist Services do not contain viruses or other harmful components.
3.4 Aichologist may suspend, withdraw, discontinue or change all or any part of Our Aichologist website without notice. We will not be liable to You if for any reason Our Aichologist Services are unavailable at any time or for any period.
3.5 You are responsible for making all arrangements necessary for You to have access to Our Aichologist Services.
3.6 Aichologist reserves the right to suspend or terminate Your access to and use of the Aichologist Services for any reason.
4. YOUR ACCOUNT AND PASSWORD
4.1 To use the Aichologist Services, You will be required to set up an account (“Aichologist Account”). You will generate aa Aichologist ID (“Aichologist 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 Aichologist Account and any actions that take place through Your Aichologist Account. In particular, You are responsible for ensuring that any information You provide us is accurate, complete and up-to-date. Please note that Aichologist may be required to send You a reminder from time to time to review the accuracy and correctness of Your information.
4.2 Aichologist reserves the right to disable any Aichologist ID or password or other security information, whether chosen by You or allocated by Aichologist, at any time, if in Our reasonable opinion You have failed to comply with any of the security provisions. If You believe Your Aichologist Account, Aichologist ID or password might have been compromised You must promptly change your password and notify us at info@aichologist.io.
4.3 Aichologist gives You the choice to login into the Aichologist Services using your Aichologist ID or Google or other social network accounts. Also in this case your Aichologist user ID will be the email address You have chosen for the selected social network. Aichologist 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. Aichologist disclaims any liability in relation to any misuse of Your Aichologist account accessed with your social network credentials.
4.4 You are responsible for using a strong password for both the social network and Aichologist, using a mix of capital and lowercase letters, numbers and special signs. 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 Aichologist be held liable for any misappropriation, misuse or abuse of an Aichologist account.
4.6 You may not attempt to gain unauthorized access to any Aichologist website, Aichologist Services, other accounts, computer systems or networks connected to any Aichologist 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 Aichologist website, Aichologist Services.
4.7 Aichologist may suspend or terminate your access to the Aichologist Services immediately and without notice if You fail to comply with any of these Aichologist Terms of Use including but not limited to, in case of any failure in performing Your credit card payments.
4.8 Aichologist may terminate your account at any time by giving you thirty (30) days notice through Aichologist notification or email. You understand and agree that the notice period is reasonable and sufficient and in the event of termination Aichologist shall not be held liable of any damages whether direct, indirect or consequential You may incur.
5. FEES AND PAYMENTS
Aichologist charges fees based on the contract You choose. Aichologist reserves the right to make annual increases to the license fees. The fees are due and payable immediately upon issuance of the related invoices issued by Aichologist.
6. CANCELLATION
The fees become payable immediately upon issuance of an invoice by Aichologist and they are non-refundable and cannot be offset or reduced. No reimbursement is due for any unused subscriptions or part of subscriptions.
7. INTELLECTUAL PROPERTY
7.1 All Aichologist Services design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Aichologist Services are copyright of Aichologist and its affiliates, or their content and technology. ALL RIGHTS RESERVED. Any use of materials on this Aichologist Services including reproduction for any purpose, modification, distribution, or republication without the prior written permission of Aichologist is strictly prohibited. Nothing in these Aichologist Terms of Use is intended to grant any license whatsoever in relation to any of the intellectual property rights of Aichologist.
7.2 You may view the contents of the Aichologist Services on screen and You are permitted to print a reasonable number of copies of a reasonable extract or extracts from this Aichologist Services of any report provided to You by Aichologist in its entirety for Your personal use. All other copying and distribution of the contents of the Aichologist Services to any third party is strictly forbidden. Aichologist name and trademark is property of Aichologist.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 To the fullest extent permitted by applicable law, the Aichologist provides the Aichologist website and Aichologist Services, including access to the Aichologist website and its contents, on an ”as is” basis. The Aichologist makes no representations or warranties of any kind, express or implied, with respect to the Aichologist website, Aichologist Services, or the information, content, materials, or products included therein. This includes, without limitation, warranties of merchantability and fitness for a particular purpose.
8.2 Except as specifically stated, to the fullest extent permitted by law, neither the Aichologist 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 Aichologist website, Aichologist Services, the information, content, materials, or products included in the Aichologist Services, or anything that occurs in respect of a User’s or their Representatives’ use of the Aichologist Services. 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. The Aichologist 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 that it arises due to the gross negligence of the Aichologist, its affiliates, directors, employees, or other representatives. If under any applicable law, the Aichologist could be deemed liable, the Aichologist’s liability shall be limited strictly to the maximum aggregate amount of one thousand (1000) Euros or the equitably agreed foreseeable amount of damages.
9. NO CONTRACT
Except for these Aichologist Terms of Use, and the Aichologist Privacy Notice, no part of the Aichologist website constitutes any part of an invitation to treat, offer or contract.
10. LINKING TO OUR AICHOLOGIST SERVICES
You are permitted to link the Aichologist Services and the Aichologist 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 Aichologist or any third party. If You wish to make any use of content on our Aichologist Services other than that set out above, please contact info@aichologist.io.
11. THIRD PARTY LINKS
Within the Aichologist website and the Aichologist Services there may be links or references to third party websites or materials. Aichologist is not responsible for these third websites or their content and Aichologist will not be in any way responsible for any transaction entered into by You concerning goods or services available from such third-party websites.
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, Aichologist needs to process Your personal information in order to provide you with the Aichologist Services. By using the Aichologist Services, You consent to the following essential personal data processing: Aichologist’s collection, storage and processing of Your personal information and You warrant that all data provided by You is accurate. Aichologist 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 Aichologist Services. If You are uncertain about the scope of Your consent or any aspect of the Aichologist Privacy Notice, please contact Aichologist at info@aichologist.io.
12.1 SOFTWARE THREATS
Aichologist website and the Aichologist Services are developed with appropriate security measures and care, Aichologist 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 Aichologist website and the Aichologist Services. You are responsible to ensure You are always using an updated and efficient antivirus program.
13. RULES OF USE AND BREACHES
13.1 You may use the Aichologist website, Aichologist Services only for lawful purposes. You may not use the Aichologist Services in any way that breaches any applicable laws or regulations; for any fraudulent 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 Aichologist webite and Aichologist Services in contravention of these Aichologist Terms of Use.
13.2 You must not attempt to gain unauthorized access to our Aichologist website and the Aichologist Services, the server on which our Aichologist Services are stored or any server, computer or database connected to our Aichologist Services. You must not attack our Aichologist Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offense.
13.3 Suspension and termination. Aichologist will determine, in Aichologist’s discretion, whether there has been a breach of this clause 13 of these Aichologist Terms of Use through Your use of the Aichologist Services. 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 Aichologist Terms of Use constitutes a material breach of the Aichologist Terms of Use, and may result in the taking all or any of the following actions:
13.3.1 Immediate, temporary, or permanent withdrawal of Your right to use the Aichologist Platform.
13.3.2 Issue a warning to You by sending you an email or otherwise notify You by other means.
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.
13.4 In case Your right to use the Aichologist Services has been terminated, the rights and obligations arising from sections 1, 3, 7, 11, 12, 13.2, 13.3, 13.4, 13.5, 17, and 18 shall survive such termination of Your right to use the Aichologist Services and any termination of these Terms of Use.
13.5 Aichologist disclaims any liability for actions taken in response to breaches of this clause 13 of these Aichologist Terms of Use. The responses described in this section 13 are not limited, and Aichologist may take any other action Aichologist reasonably deem appropriate.
14. NOTIFICATIONS
14.1 Unless otherwise required by the applicable laws, any notifications from Aichologist to You will be made by email to the email address You provided in Your registration or via a communication on Aichologist website. You are responsible to check the Aichologist website regularly to ensure You are aware of any update.
14.2 Unless otherwise required by the law, any notification from You to Aichologist shall be made via email at info@aichologist.io. If You are under a legal obligation to notify Aichologist with means other than email, the Aichologist contact details are the following: Aichologist Oy, Lauttasaarentie 54 E 108, 00200, Helsinki, Finland.
14.3 If You contact us by means other than email in any circumstances where email notifications are acceptable You agree that Your notification will be considered invalid.
15. ENFORCEABILITY
If any part of these Aichologist 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 Aichologist Terms of Use and shall be ineffective without, as far as is possible, modifying any other clause of part of these Aichologist Terms of Use and shall not affect any other provision of these Aichologist Terms of Use which shall remain in full force and effect.
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.
17. WAIVER
No failure or delay by Aichologist 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.
18. JURISDICTION
These Aichologist 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 Aichologist Terms of Use or the Aichologist Privacy Notice. You hereby agree to submit to that jurisdiction.