We've recently launched a Teams app. These terms cover all Cyberday use, whether it's through web client, Teams or browser extension.
Last updated 15.5.2020.
These Terms and Conditions (“Terms and Conditions”) form a binding agreement (”Agreement”) between Agendium Ltd (“Provider”) and the customer named in the Order Form of Cyberday (“Customer”). The use of Cyberday (”Service”) requires that Customer accepts and complies with these Terms and Conditions. By using the Service, you are agreeing to these Terms and Conditions including the Annex on Processing of Personal Data. The latest version of Terms and Conditions as well as Provider’s Privacy Statement are readily available on Provider’s website and/or in connection with Service.
The Service is a software for managing cyber security and data protection compliance, especially in connection with frameworks like the EU General Data Protection Regulation, ISO27001 and many others. Additional services may be offered on the Service platform for which a separate fee will be charged.
The Agreement shall become effective when Customer creates a user account for the Service (“Account”) and signs the Order Form. Customer agrees to use the Service for its internal purposes only, and in accordance with these Terms and Conditions as well as other instructions given by Provider.
Provider offers its first-time customers an opportunity to use the Service free of charge for a limited period of 14 days or for any other duration specified in a separate offer (“Trial Period”). During the Trial Period Customer is entitled to use the Service free of charge.
After starting the Trial Period, you may place an order by accessing the Service and completing the Order Form.
i) Trial Period
The Agreement will remain in force until the Trial Period ends. The Agreement will automatically terminate if Customer does not place an order after the Trial Period.
ii) Orders
Orders can be placed for a fixed period of one month or one year. The term will automatically renew, unless Customer notifies Provider of its intent not to renew in written form at least 30 days prior to the end of the then current term. Upon renewal, Customer is deemed to have accepted the most current Terms and Conditions.
Customer is solely responsible for recovering any statutory or otherwise important content it has submitted to the Service before the termination of the Agreement.
Provider reserves the right to change these Terms and Conditions by providing written notice at least 30 days prior such changes shall become effective. Changes regarding the pricing will not take effect until Customer’s ongoing subscription period has ended. By continuing to access and use the Service from the date on which the Terms and Conditions are changed, Customer agrees to be bound by the changed Terms and Conditions.
If the announced change is substantial and there are more than 30 days left of Customer’s subscription period, the parties may, upon Customer's written request, agree to continue complying with the previous Terms and Conditions until Customer’s current subscription period ends.
Customer shall not transfer the Agreement to a third party without Provider’s prior written consent. Provider reserves the right to transfer its rights and/or obligations to a third party.
The Service is provided "as is".
Provider does not guarantee the performance, quality or availability of the Service. Provider gives no warrant or representation that the Service will be wholly free from defects, errors and/or interruptions. However, the Service will generally be available 24 hours a day. Provider shall use its best ability to announce breaks or other disruptions in advance and to minimize any harm caused by maintenance work.
By submitting the Order Form, you ensure that all information submitted in the Order Form is accurate and that you have the legal capacity to enter into a legally binding contract on behalf of Customer. Changes to the information shall be reported to Provider without delay. Provider reserves the right to cancel or suspend any orders made with incorrect or otherwise inadequate information.
Customer is entitled to invite users to use the Service under its Account for its internal purposes regardless of the organisation they represent. In case the Account, its login information or user account/s are taken over by a third party, Provider shall be informed immediately.
Customer agrees to use the Service according to these Terms and Conditions and not to use it in inappropriate or unlawful manner or submit such content to the Service. Provider reserves the right to suspend the Service after such behavior and/or remove any content breaching these terms without prior notice.
Customer is solely responsible for recovering any statutory or otherwise important content it has submitted to the Service before the termination of the Agreement or before the Account is locked due to inactivity.
Customer shall notify Provider if it encounters any errors or other problems relating to the Service.
Provider reserves the right to lock the Account if Customer has not made a purchase before the expiration of the Trial Period, the subscription period has expired without renewal or the subscription has not been paid for, the Account has been taken over by a third party or the Account has been used in an inappropriate manner. The same applies for when there has been a breach of the Agreement.
If the Account has been locked due to late payment, Provider reserves the right to charge reasonable re-opening costs. The same applies to a situation in which the Account and/or its login information has ended up in the possession of a third party due to Customer's negligence. The possibility of re-opening a locked account will be evaluated on a case-by-case basis.
Provider shall have the right to remove the Account and all the content submitted by Customer when Customer's Account has been locked at least three months. Provider also reserves the right to remove the Account and its content immediately if the Service has been used in violation of the Agreement or in an inappropriate manner.
Provider back-ups data submitted to the Service. A back-up copy is created at least once a day and will be stored for seven days at least. If the loss of original data has been caused by Customer, Provider shall have the right to charge reasonable restoring costs.
Unless agreed otherwise, Provider shall delete all data submitted to the Service within six months after the termination of the Agreement.
All intellectual property rights associated to the Service, including but not limited to content and features, are and shall at all times remain with Provider and its third-party licensors. Provider grants Customer a non-exclusive right to use the Service for its own internal purposes for the duration of the Agreement. Customer must not attempt to copy, republish, duplicate, transmit or distribute all or any portion of the Service contrary to these Terms and Conditions.
All content included in the Service by Provider is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives International (CC BY-NC-ND 4.0) License. The material can be freely copied and redistributed in any medium or format if appropriate credit is given, and any changes are indicated, as long as no derivatives are made, and the material is not used for commercial purposes.
Customer is solely responsible for the content it has submitted to the Service and shall keep all intellectual property rights to the material. Customer grants Provider a right to process such data as necessary in order for Provider to provide the Service in accordance with the Agreement. Customer agrees that any content submitted to the Service will not infringe on any third party right, including copyright, trademark, patent, right of publicity or other intellectual property right.
Customer guarantees that it has the legal right to process any personal data it has submitted to the Service.
Customer chooses the subscription period and billing method when placing an order. Billing period equals to the subscription period. Additional services will be charged together with the Service or on a separate invoice depending on which additional services have been purchased.
The pricing is as shown on Provider’s price list, unless specifically agreed otherwise in writing. All prices are subject to statutory VAT, unless otherwise stated.
If payment is not received within 14 days after its due date, Provider shall have the right to terminate the Agreement and suspend the Service, in addition to charging late payment interest according to Finnish Interest Act (633/1982) and reasonable reminding costs. The invoice may also be passed on to a debt recovering agency.
The purpose of the Service is to support customers on data protection compliance and documentation. However, Customer acknowledges that it is solely responsible for complying with its legal or other obligations and using the Service does not transfer any of its obligations or responsibilities to Provider. Under no circumstances can Provider be held liable for the legality, results or effectiveness of data protection measures taken by Customer or any consequences resulting from those measures.
The Service and its content have been created using a wide variety of data protection experts and practical experiences, literary sources, and official materials such as laws, regulations and opinions from competent authorities. Provider uses its best ability to produce as reliable, comprehensive and up-to-date content as possible. Provider does not, however, guarantee the accuracy or completeness of any information or material. Under no circumstances shall Provider or its employees be liable for any direct, indirect, incidental or consequential damages that result from the use of the Service or views expressed in or in relation to the Service, including without limitation, use of or reliance on information.
Customer acknowledges that the information or advice provided in the Service is not intended to be used as legal advice and agrees to use the Service at its own risk and discretion.
In the event of any loss or damage to content submitted to the service by Customer, Customer’s sole and exclusive remedy shall be for Provider to use reasonable measures to restore the lost or damaged content from the latest back-up.
In no event shall either party be liable to the other for any indirect or consequential damage suffered by other party. The limitation of liability does not apply to any damage caused intentionally or through gross negligence.
The overall liability of Provider shall be limited to the amount paid by Customer during the twelve months preceding the incident (excluding VAT).
Provider may collect and process personal data according to the applicable data protection legislation in order to provide the Service.
The responsibilities and obligations of Provider are specified in the Annex on Processing of Personal Data. Processing of user data is described in more detail in the Privacy Statement of the User Register.
Provider shall, at Customer’s written request, remove all personal data regarding Customer and its end users processed unless the processing is required by law. Provider shall delete all personal data within six months after the termination of the Agreement, unless agreed otherwise.
Both parties shall treat each other’s business secrets or other similar information as strictly confidential.
No prior written approval is required by Provider to reference Customer as a client as part of its own sales and marketing activities, unless expressly otherwise stated by Customer.
Provider reserves the right to use content Customer has submitted to the Service for further developing the Service or other products it offers after the content has been successfully anonymised.
This Agreement is governed and construed in accordance with the laws of Finland.
Any controversy, claim, dispute or difference of opinion arising out of or relating to this Agreement shall be settled, if possible, by amicable negotiation between the parties. In the event settlement cannot be reached by negotiation, the matter shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce.
If any provision of these Terms and Conditions are held to be unenforceable, the other provisions shall nevertheless remain in full force and effect.
Agendium Ltd (Business ID: 2410237-8)
Kalevantie 2, 33100 Tampere, Finland
Tel: +358 10 231 6010 Email: info@agendium.com
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