Service Provider: giosg.com Ltd, a Finnish limited liability company, business ID code: 2388009-8
Customer: The legal entity which has agreed to these terms of agreement
The following sections of these terms and conditions shall also apply to all visitors of the giosg.com website: Intellectual property, Changes to the Service, Data Use and Privacy, Cookies, Limitation of liability and Applicable Law and Dispute Resolution
2. Purpose of the agreement
The purpose of this agreement is to
- Specify the terms and conditions under which giosg.com will provide giosg online services to the Customer.
- Serve as the general terms of service for all giosg.com website visitors
3. Description of service
Giosg.com is providing cloud-based online chat, interactions and analytics services to customers worldwide. The services are further described in Giosg.com website or other documentation provided by Service Provider to the Customer. The Customer will install and set up the service by itself by installing a script on its website.
The Service Provider aims to deliver the agreed service in a timely and diligent manner. If the Customer recognizes errors or deficiencies in the service, the Service Provider commits to fix those in a reasonable time without extra charge. The Service Provider does not warrant, and shall not be responsible for, that the service is always available or that there will be no errors in the service or that all errors can always be fixed.
4. Intellectual property
All giosg.com services are provided as SaaS services. No license or other rights, including intellectual property rights or distribution rights to the software, technology, trademarks, inventions, data, website features, or other IP rights regarding the giosg.com services are transferred to the Customer or the visitors of giosg website. All intellectual property rights to giosg.com services and any modifications, derivations or adaptations thereof shall be vested in and remain as the sole property of the Service Provider.
5. Changes to service
The Service Provider has the right to make such changes to the service at any time which provide new features or improvements to the service. The Service Provider may inform of such changes in advance. The Service Provider has also the right to make such changes immediately without a prior notice which (a) concern solely the technical environment without any impact to the content of service, (b) are needed to prevent serious security risk or (c) are required by law or other orders by authorities.
6. Service breaks
The Service Provider has the right to stop the service for a reasonable time during Monday to Friday between 18:00 – 8:00 (+2 CET), on Saturday, on Sunday, or on bank holidays, if the service break is needed to install, change or for maintenance of the service. The aim is that those actions are planned and executed when there is minimum impact to customers. The Service Provider has the right to stop the service at any time, if there is maintenance work in public network connections, a serious risk to the security of the service or if the law or other orders by authorities require the stop of service. The Service Provider will inform customers about these service breaks beforehand, if it is possible.
7. Customer's responsibilities
- Customer will ensure that user IDs and passwords are stored carefully and that they are not given to third parties. The Customer is responsible for all use of the service done with Customer’s user IDs or passwords.
- The Customer is responsible to use the service in accordance with the law. By and when using the giosg services or giosg.com website, the Customer warrants that it is doing so in good faith and in accordance with all applicable consumer, data privacy and industry specific legislation.
Customers of the service are able to follow and monitor the traffic of their own websites by using the service. The information collected about the traffic can be utilized to improve e.g. customer’s sales, marketing and customer engagement.
All Customer Data collected or generated through the giosg services (such as chat logs) shall be available only for the Customer, stored segregated from other customers’ data, and regarded as the exclusive property of the Customer.
Additionally, the Customer acknowledges and accepts that the services collects anonymous benchmark data from all use of the service, as specified below.
Website visitors: The Service Provider reserves the right to collect anonymous benchmark data specified below about the usage of service, which can be used for the purposes specified below.
Giosg Benchmark Data is used across giosg services to provide better service for all giosg customers, and is stored and handled separately from customers’ Customer Data. It does not contain data which could be associated with a particular natural person. Benchmark Data is proprietary to us. The benchmark data collected is limited to the following information:
- Visited URLs
- Referrer URL
- Operating system
- Browser type
Most browsers accept cookies automatically. However, you can change the settings of your browser to erase cookies or prevent them. In that case, we cannot guarantee that our website or services will be able to provide you with the intended user experience.
10. Limitation of Liability
The Service Provider OR ITS DISTRIBUTORS shall not be responsible for any indirect or consequential damages, including but not limited to loss of business, loss of goodwill, or loss of data, caused to the Customer or website visitors. The total aggregate liability of Service Provider OR ITS DISTRIBUTORS against the Customer under this agreement shall in all cases be limited to the fees paid by the Customer hereunder during the preceding 3 months’ period.
11. Reference use
The Service Provider has the right to use the Customer as a reference in its own marketing and sales activities. The use of Customer as a reference will be done according to good industry practice.
Unless otherwise set by the parties, the agreement shall automatically continue to be in force indefinitely with a mutual one (1) month notice term prior to a new invoicing period.
13. Applicable law and Dispute resolution
This agreement and any use of giosg website and services shall be governed by the laws of Finland, excluding its choice of law provisions.
Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland.