Terms of Service
    AGREEMENT BETWEEN AUTOMATE.VIDEO AND CUSTOMER
    This agreement is between Digitaika Ltd. (“Automate.video”) and the customer. This agreement is required for the
    Customer to use the Automate.video software or any related services and materials (the “Automate.video software”).
    please read these terms of service (the “agreement”) carefully before using the services offered by Automate.video.
    your use of the services is expressly conditioned upon your assent to all of the terms and conditions of this
    agreement. if the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. by
    using the services, you expressly consent to all of the terms and conditions of this agreement and you represent and
    warrant that (a) you or the entity you represent (“customer”) agree that you have read and agree to be bound by and
    be a party to the terms and conditions of this agreement, and (b) you represent and warrant that you are authorized
    to bind the customer to the agreement in which case the terms “customer,” “you,” “your” or a related capitalized
    term herein shall refer to such entity and its affiliates.
    1. FEES PAID TO Automate.video
    The Customer pays an agreed-upon fee to Automate.video in exchange for a right to use the Automate.video software
    (the “License”). Each Customer’s fees may vary, depending upon the Customer’s number of users, services purchased,
    length of the license, unlimited or limited use and other factors. Unless otherwise agreed Automate.video shall
    invoice the license fee for the next license period thirty (30) days before the beginning of the next license
    period. Payment term is fourteen (14) days net from the date of the invoice.The fees, payment terms and other
    license details may be separately agreed upon in an Automate.video Service Agreement between the Customer and
    Automate.video.
    The Automate.video Service Agreement is either: (1) the online order that a Customer has submitted to Automate.video
    as approved by Automate.video; or (2) any other written order (electronic or in paper form) submitted by a Customer
    to Automate.video as approved by Automate.video. Please obtain an approved Service Agreement from Automate.video
    before accessing the Automate.video software.
    The Customer’s fees payable to Automate.video will remain unchanged for certain time periods if so stated in the
    Automate.video Service Agreement. However, Automate.video reserves the right to revise its fees at any time by
    providing a two (2) month written notice to the Customer. In case of a price increase, the Customer has the right to
    terminate the Agreement at the end of the then-current license period. In this case the old license fees shall
    remain unaffected until the end of such period. However, changes to pricing due to changes in legislation or other
    regulation will take effect immediately. The then-current fees will apply to any renewals or Customer requests for
    changes to the Automate.video Service Agreement.
    2. Automate.video SOFTWARE LICENSE
    In exchange for the fees the Customer pays, the Customer receives a license from Automate.video to use the
    Automate.video software and those services which each Customer chooses to purchase. The license is subject to the
    terms and conditions in this Agreement and to timely payment of all the fees listed in the Automate.video Service
    Agreement.
    The Customer may continue to use the Automate.video software and services so long as the fees remain paid and the
    license is not suspended or terminated for a breach of this Agreement, but a Customer does not have any right to use
    the software or services after a license has been suspended or terminated, for non-payment or any other reason, or
    after a license has expired without payment for a license renewal. The license cannot be transferred by the Customer
    (except by a permitted assignment of this entire Agreement).
    The Customer does not receive the ability or right to download the Automate.video software onto any user’s computer
    equipment, but only a license to use the Automate.video software on the Automate.video servers and/or in combination
    with software on a user’s computer. The Customer must inspect the proper functioning of the Automate.video software
    upon being granted an access to it. Unless the Customer issues a written notice of the Automate.video software not
    functioning properly latest two (2) weeks from being granted access rights to it, the Automate.video software shall
    be deemed to function as agreed.
    The license shall remain in force for the license period defined in the Service Agreement. If the Service Agreement
    is not terminated latest one (1) month before the end of the then-current license period, the license shall be
    renewed for a consecutive license period of the same length as the previous one.
    3. Automate.video OBLIGATIONS
    The Customer’s license to use the Automate.video software enables the Customer to create videos and interactive
    videos. The Automate.video software is a tool, to be used by the Customer, for the Customer to create its own videos
    and interactive videos.
    Automate.video will supply the Customer with user-specific identification to enable user access to the
    Automate.video software. User identifications will be managed jointly by Automate.video and the Customer, depending
    upon the Customer’s need to balance efficient access with the access restrictions the Customer wants. The Customer
    is required to update Automate.video regarding the Customer’s current users for identification purposes and to
    maintain the security of its users’ identification information.
    Unless the parties have specifically agreed upon a shared user ID -model, Individual users are not permitted to
    share their identifications, because the license under this Agreement – and the corresponding license fees – are
    based upon a specific number of users of the Automate.video software under the Customer’s license. Sharing of
    identifications is an impermissible way for a Customer to circumvent paying appropriate fees to Automate.video. The
    Customer is responsible to ensure that the Customer’s personnel comply with these requirements.
    Automate.video may provide (via the Automate.video website or by other means) a brief tutorial introduction,
    training and other guidance for users depending upon the services purchased by the Customer. Upon separate agreement
    users may also have access to other types of assistance, training and information from Automate.video and others.
    All data uploaded by the Customer and videos and interactive videos created by the Customer are treated as strictly
    confidential by Automate.video, unless Customer has made it publicly available.
    Automate.video will have limited access to Customers’ data, videos and interactive videos for functionality
    purposes, and may use data and statistics to monitor or to improve the Automate.video software or to provide
    enhanced services to Customers, but only to the extent that such data use is strictly consistent with
    Automate.video’s confidentiality, privacy and security obligations, certification and policies. Automate.video
    information security policy is available for review upon request.
    Automate.video offers special services to assist Customers with enhanced privacy needs, but the Customer understands
    that videos and interactive videos may be distributed to many people by users, and Automate.video is unable to
    monitor or to control the actions of video and interactive video viewers who may distribute information to third
    parties. The Customer must determine what steps it will take to guard against unwanted distribution of the
    Customer’s videos and interactive videos or any other information.
    Automate.video provides region-specific Customer support and technical support services, which may vary depending
    upon the services purchased by the Customer. Automate.video will use all commercially reasonable efforts to promptly
    address Customer questions and to promptly repair errors and malfunctions in the Automate.video software.
    Temporary interruptions to some or all Customers’ access to the Automate.video software may be required for repair
    work, and also for technical modifications, updating, installations and maintenance or for the security of
    communications, as well as under circumstances required by law, government regulation or industry guidelines,
    statements or recommendations. Automate.video will provide Customers with reasonable advance notice of
    interruptions, if possible, and will inform Customers of the status of any interruptions. Automate.video will use
    all commercially reasonable efforts to minimize or to eliminate interruptions, but no refunds of fees or other
    compensation will be provided for temporary interruptions, regardless of the reasons for any interruptions.
    4. Automate.video MODIFICATIONS
    The Automate.video software may change from time to time as Automate.video’s software evolves, but Automate.video
    does not have an obligation to modify, expand or retain any particular Automate.video software feature or service.
    Automate.video may also change the terms and conditions of the Customer’s license and this Agreement at any time.
    However, in the event of substantial reductions to the Automate.video software or services, or changes OF ANY KIND
    to this Agreement or to the Automate.video Service Agreement, Automate.video will endeavor to notify the affected
    Customers directly via e-mail in a reasonable time in advance of the date the changes will occur.
    If the changes materially affect the Customer’s use of the software or services, the Customer may then elect to
    terminate this Agreement to end at the end of the then-current license period by providing notice to Automate.video
    via e-mail within thirty (30) days of the date of the notice of such change. See the “Notices” section in this
    Agreement for how notices are sent.
    Automate.video will then discontinue the Customer’s access to the Automate.video software and services. The Customer
    agrees to continue to pay for full access to the software and services even after such notice until the end of the
    then-current license period.
    If the Customer does not provide a notice of termination within the period detailed above, the Customer will be
    conclusively deemed to have accepted the changes.
    5. CUSTOMER OBLIGATIONS
    The Automate.video software is designed to operate on computer systems that meet certain requirements with user
    interfaces (web browsers) that are compatible with the Automate.video software. The Customer is solely responsible
    for the procurement, maintenance and support of all hardware, connections, security functions desired by the
    Customer and other software required for the proper operation of the Automate.video software on the Customer’s
    system at its own expense, except for the technical support of the Automate.video software. The Customer will not
    receive a refund of fees paid to Automate.video for any lack of proper operation of the Automate.video software
    resulting from any malfunction in the Customer’s hardware, connections or other software or resulting from
    interruptions in the Customer’s internet and/or intranet service. As the Automate.video software, computers, the
    internet and web browsers evolve over time, the Customer may need to upgrade its systems in order to continue to
    operate the Automate.video software in the future. These items are NOT included in what Automate.video provides,
    unless specifically agreed in advance and listed as paid for separately by the Customer in the Automate.video
    Service Agreement.
    The Customer is responsible for making back-up copies outside the Automate.video’s system of all data it enters into
    the Automate.video’s system. Automate.video maintains data back-up on a periodic basis via external cloud services,
    but Automate.video is not in the routine business of Customer data storage. If a Customer requests Automate.video’s
    assistance to retrieve Customer data lost due to the actions of the Customer, Automate.video will charge a
    separately defined reasonable fee for data retrieval and restoration work, whether or not the Customer’s data can be
    successfully restored.
    Automate.video may delete all data relating to a Customer’s account at any time beginning sixty days after
    termination of this Agreement, unless Automate.video is expressly informed by the Customer that data retention is
    required for a valid reason and a specific time period under applicable law, and the Customer pays the separately
    agreed Automate.video fees for such data retention. Practices regarding the return or destruction of personal data
    are defined in the Data Processing Agreement.
    The Customer is solely responsible for its videos and interactive videos, and a Customer may be held legally liable
    for its contents. Even when the Automate.video software and/or other services provide to the Customer data or
    suggestions for any video or interactive video or other assistance of any type to create a video or interactive
    video, it is the Customer’s sole responsibility to determine whether the videos and interactive videos are
    appropriate for use under the Customer’s conditions, and to interpret any videos and interactive videos in light of
    the Customer’s conditions. The Customer agrees that it knows its own business better than Automate.video personnel
    ever can.
    All videos and interactive videos are therefore agreed to be customer created under all circumstances. the customer,
    and not Automate.video, is solely responsible for the contents, distribution, accuracy and data of videos and
    interactive videos.
    6. RESTRICTIONS
    Customers may not represent to anyone (directly, indirectly or by implication) that Automate.video is responsible
    for anything for which the Customer is responsible. A Customer does not own the Automate.video software or any
    aspect of the Automate.video software or related materials. No one may copy, edit, modify, reverse engineer or
    create derivative works of the Automate.video software or any related materials.
    Customers may not download, or attempt to download, any portion of the Automate.video software except downloads that
    are specifically authorized by Automate.video. Even if the Automate.video software is downloaded, changed or
    anything is added to the Automate.video software, by or for a Customer, with or without Automate.video’s knowledge,
    Automate.video still owns the software as modified.
    Automate.video is the sole owner and/or authorized licensor of all intellectual property rights, including
    copyrights, patents, trademarks and trade secrets related to the Automate.video software and to any modifications,
    updates and future new versions of the Automate.video software.
    Customers can purchase ONLY a temporary license to use the software as provided by this Agreement. No statements or
    actions by anyone may be construed as a sale, perpetual license, release or any other transfer or waiver of
    Automate.video’s rights in the Automate.video software. Customer may not re-sell licenses to use the Automate.video
    software. Parties may separately agree upon the use of Services through API -interface. Customer may not disclose
    any user-specific- or general access details or API keys to any third parties or itself use them for the benefit of
    third parties.
    If the data that a Customer uploads to Automate.video is legally owned by the Customer, such as images, videos, text
    protected by copyright, Customer will continue to own them. This does not prevent Automate.video using that data in
    serving the Customer or in testing and improving the Automate.video service. The Customer is not entitled for any
    compensation on such usage. However, videos and interactive videos created with the Customer’s data are not
    exclusively owned by the Customer. The videos and interactive videos are owned by the Customer to the extent they
    contain data that is legally owned by the Customer, such as images, videos, text protected by copyright. All other
    elements in the video or interactive video, such as animations, music, images and videos added to the video by
    Automate.video continue to be owned by Automate.video or other license holders and the Customer is only granted the
    right to use the content.
    In the event of non-compliance with the restrictions on user actions in this Agreement by any user identified with a
    Customer, Automate.video may suspend access to the Automate.video software and all services by all of the Customer’s
    users, after notice. Automate.video and the Customer will then determine the actions to be performed by the Customer
    to cure the violation and to ensure future compliance, after which access may be reinstated.
    In the event of continuing non-compliance, Automate.video may then terminate the Customer’s license without further
    notice and without any refund of the fees paid, to the fullest extent permitted by applicable law, without any
    limitation of Automate.video’s other legal rights.
    The Automate.video software may be used for any purposes determined by the Customer, but Automate.video maintains a
    strict policy of social responsibility. The Automate.video software may not be used for PROHIBITED USE such as
    pornography, obscenity, abuse, threats, underage exploitation, racist or anti-ethnic content, defamation,
    harassment, invasion of privacy, corporate espionage, hacking, distribution of viruses or other malicious software,
    piracy, spam, impersonation, misrepresentation of a video’s purpose or the distributor of the video, infringement of
    patents, copyrights, trademarks and trade secrets or in connection with any other actions that are illegal in: (a)
    any location from/to which video is shared; (b) any location in which a video is created; or (c) any location in
    which a license to use the Automate.video software is granted or accepted. The Automate.video software may not be
    used indirectly to promote, condone or assist any such prohibited use even if a video itself does not contain a
    direct violation.
    Neither the Customer nor any user identified with the Customer may use hidden files, private passwords, restricted
    access or any other means that prevent Automate.video personnel from determining if a user is engaged in prohibited
    use. Use of any such methods will be conclusively deemed to indicate that the user is engaged in prohibited use even
    without any additional evidence of prohibited use (Customers can use other Automate.video services to create
    legitimately private or password-protected videos and to properly restrict access to videos or data).
    Automate.video is nevertheless unable to monitor the contents of videos or the actions of Customers. Automate.video
    does not routinely examine videos before or after they are distributed and Automate.video cannot provide information
    to Customers about legal requirements or restrictions in any location. Automate.video is therefore not responsible
    to any other party for a Customer’s violation of this policy.
    7. PERSONAL DATA
    Automate.video processes the data included in the service within the EU. With regards to the EU General Data
    Protection Regulation (2016/679) (“Regulation”) Customer is considered as the data controller of any personal data
    included in the Automate.video software. In case the interactive videos created by the Customer collect any personal
    data of the respondents, Customer is obligated to provide the respondents any such information about the use of the
    collected personal data as may be required by the applicable privacy- and/or data protection legislation, including
    the Regulation. Automate.video shall act as the data processor of the Customer’s personal data on behalf of the
    Customer. Automate.video and Customer shall agree upon a separate data processing agreement regarding the use of
    personal data of Customer by Automate.video.
    In order to manage the use of the Automate.video software, Automate.video maintains a register of the test- and user
    credentials and contact information of Customer personnel. Regarding this information, Automate.video shall be
    considered as the data controller as defined in the Regulation. Automate.video processes this personal data in
    accordance with its privacy policy, available at https://www.automate.video/privacy-policy.
    Automate.video also uses cookies and other tracking technologies in the software to ensure development of the
    software further. More information about Automate.video cookies can be found from:
    https://www.automate.video/cookie-policy
    8. NOTICES
    Automate.video will provide Customers advance notice of the termination or suspension of a Customer’s rights to use
    the Automate.video software or service as follows:
    1. Suspension of access to the Automate.video software or to any services for non-payment: 14 days
    2. Violation of this Agreement’s terms (for example, unauthorized sharing of user access identifications by a
    Customer’s personnel or other violations which the Customer may cure): 7 days
    3. Violation of this Agreement for serious matters (for example, prohibited use) may require only such notice, if
    any, as is appropriate under the circumstances determined in the sole discretion of Automate.video or as
    permitted/required by applicable law.
    Notices can be provided by Automate.video and the Customer to each other by sending an e-mail to to such e-mail
    address specified as the proper address for formal notices relating to this Agreement.
    Neither Automate.video nor the Customer is required to send multiple notices, and notice is conclusively deemed to
    have been provided if actual receipt of any e-mail fails through no fault of the sender, provided that the e-mail
    sender can demonstrate commercially reasonable efforts to provide notice.
    If a Customer’s rights to use the Automate.video software or services are suspended or terminated for any reason,
    the then-current Automate.video charges for re-connection of the software and services must be paid by the Customer
    before restoration of access.
    9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
    The Customer and Automate.video agree that, in order for Automate.video to be able to make the Automate.video
    software and services available to the Customer at the price(s) the Customer has agreed to pay, both parties have
    consented to certain exclusions and limitations to their potential future liabilities to each other.
    Without these exclusions and limitations, one or both of the parties to this Agreement would not do business with
    the other at the price(s) agreed upon, so these limitations are agreed by both parties to be mutual and essential
    consideration for this Agreement and the price(s) in the Automate.video Service Agreement.
    Automate.video and the customer expressly agree that the Automate.video software and services are provided “as is”
    except as otherwise specifically stated in this agreement. Automate.video makes no representations whatsoever
    regarding the accuracy, completeness or quality of data or information obtained by the customer from any interactive
    video, respondent or user of the Automate.video software or services. The customer is solely responsible for
    evaluating all data and information obtained in any way in connection with the Automate.video software or services.
    Automate.video provides no guarantees with respect to software, connection, speed, reliability, consistency or
    security. all such issues are frequently internet network dependent and are therefore beyond Automate.video’s
    control. Automate.video is not responsible for any person or company linked to/ from Automate.video’s website.
    To the fullest extent permitted by applicable law, Automate.video, its affiliates, and their respective
    shareholders, directors, agents, servants, officers and employees hereby disclaim all warranties, express or
    implied, with regard to such data, information and the Automate.video software and/or services, including without
    limitation any implied warranties of merchantability and fitness for a particular purpose.
    Neither party nor its affiliates, nor their respective shareholders, directors, agents, servants, officers and
    employees will be liable for any indirect, punitive, incidental, special or consequential damages, including without
    limitation damages for lost profits, lost revenue, loss of use or data or costs of cover, even if a party has been
    advised of the possibility of such damages and even if such damages arise out of a breach of this agreement.
    In the event that, notwithstanding these exclusions and limitations of liability, either party or its affiliates, or
    their respective shareholders, directors, agents, servants, officers and employees, are liable for any amount under
    any theory of recovery for any reason relating in any manner to this agreement, the total liability will not exceed
    fifty (50) per cent of the total amount paid by the customer to Automate.video in the last twelve (12) months
    preceding the time of the reason for which any liability first arose. This limitation of liability will not apply in
    case of a specific determination under applicable law of a party’s gross negligence or wilful misconduct.
    Automate.video and the customer hereby specifically agree that the foregoing exclusions and limitations of liability
    will apply even if they would cause any claimant’s remedies to fail of their essential purpose.
    Notwithstanding any of the foregoing exclusions and limitations of liability, Automate.video and the customer will
    each fully indemnify and hold harmless the other party, its affiliates and their respective shareholders, directors,
    agents, servants, officers and employees for all actual losses and liabilities in any amount including without
    limitation all expenses and attorney’s fees incurred in defending against and/or settling any claims of any type
    asserted against either party by a third party which are the consequences of, or attributable to, any breach by a
    party of its obligations in this agreement, whether or not such claims are formally filed in any court, government
    agency or any other dispute resolution body.
    10. ASSIGNMENT OF AGREEMENT
    This Agreement and the license provided by this Agreement may be assigned by Automate.video to an affiliate of
    Automate.video, provided that the assignment includes an assumption of all obligations and rights or, in the event
    of a partial assignment, that another affiliate of Automate.video agrees to retain the non-assigned obligations and
    rights. Customer may not assign this Agreement or the license provided by this Agreement to any third party without
    the express written consent of Automate.video.
    Assignment of any type is not permitted by or to a party who repudiates or contests any obligation or right under
    the Automate.video license, this Agreement or the Automate.video Service Agreement. An assignment may not result in
    circumstances that are contrary to the intent or purpose of any provision of this Agreement or the Automate.video
    Service Agreement (for example, an increase in the total number of authorized users under the Customer’s license)
    without the other party’s written consent.
    An “affiliate” means any company or companies that controls, is controlled by, or is under common control with the
    party (“control” meaning the direct and/or indirect ownership of at least 50% of the voting share capital of any
    company or other legal power to designate a majority of the company’s principal management body).
    11. GENERAL
    Unless specifically agreed otherwise in the Automate.video Service Agreement, Automate.video has the right to use
    the Customer’s name and logo as a reference in Automate.video’s communications and advertising. The Customer will
    provide to Automate.video any logo requirements. Unless agreed otherwise, Automate.video may also add identifying
    information to all Customer videos (such as “powered by www.automate.video”) or a similar message.
    Automate.video and the Customer agree that the Customer, and not Automate.video, is solely responsible for
    determining which laws and other regulations may apply to the Customer’s use of the Automate.video software and
    services, and for determining the Customer’s obligations under such laws and regulations.
    If the performance of any obligation under this Agreement by either party is prevented or affected by any event
    beyond the reasonable control of such party (force majeure the affected party must give notice to the other party of
    such circumstances as promptly as possible under the circumstances. In such event, the affected party’s obligations
    under this Agreement will be suspended temporarily during the period of such force majeure to the fullest extent
    that is commercially reasonable. Automate.video is not obligated to extend any license time period even if force
    majeure prevents a Customer from using the Automate.video software or services.
    Automate.video and the Customer agree to resolve all disputes of any type through good faith negotiation. In the
    event that negotiations fail to resolve any dispute, such disputes will be resolved in the District Court of
    Automate.video’s domicile, unless another forum is strictly required by applicable law. No consent to any other
    jurisdiction or venue by either party may be implied as a result of any statement or action. This Agreement and all
    actions taken in connection with this Agreement or in connection with the Automate.video software and services will
    be governed by the laws of Finland, without giving effect to any principles or conflicts of law, regardless of the
    venue.
    This Agreement (combined with any Automate.video Service Agreement and its appendices for fees, payments and other
    terms) comprise the entire agreement between Automate.video and the Customer. Neither party has relied upon, nor
    will it have any remedy based upon, any other agreement, warranty, statement, representation or understanding,
    written or oral, all of which are deemed cancelled by the Customer’s acceptance of this Agreement. If any term of
    this Agreement is found to be void or unenforceable, all other terms will remain in full force and effect, and will
    be construed to fulfill the agreement’s intended purpose.