User Terms for the Fidelix Cloud services (“Service”)
Dated 05.03.2024
Applicability
The Service is provided by Fidelix Tech Oy (“Supplier”). By using the Service or clicking the “accept” button or a logical equivalent, you are binding yourself and the business entity you represent (collectively “You”) to the terms and conditions of these user terms (“User Terms”) including the warranty disclaimers and limitations of liability provisions below. If You do not agree to the terms and conditions of these User Terms, do not use the Service. YOU AGREE THAT YOU HAVE READ THESE USER TERMS AND UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS.
Grant of Rights
The Service is provided to You subject to You adhering to these User Terms and subject to service agreement and the possible associated license fees, as defined in the Service Agreement between Supplier and end customer (end customer is the company purchasing the services from Fidelix company).
You may use the Services for monitoring and controlling the building’s automation system.
User IDs
You shall retain your User ID in confidence and may not allow for your User ID to be used by any other person than you. If You have reason to believe your User ID is compromised, contact the Supplier.
Limitations of Use
You are not entitled to disclose, sell, rent, lease, time share, market, commercialize, sub-license or otherwise assign, transfer, disclose or distribute the Service or information from the Service in any manner inconsistent with or not expressly permitted under these User Terms.
You shall not attempt to gain access to any parts of the Service to which You do not have access rights, nor will You the attempt to modify, copy, decompile, adapt, reverse engineer or otherwise attempt to derive source code of the Service or any computer software programs the Service is based upon.
You shall not transfer, lease, loan, resell, distribute or otherwise make the Service or materials or information contained in the Service available in whole or in part in any form whatsoever to any third parties.
The Supplier may terminate Your access to the Service with immediate effect if You fail to comply with these User Terms or act unlawfully or contrary to the requirement of good faith when using the Service or if the Supplier reasonably suspects that the You burden or uses the Service in such a manner as to jeopardize the delivery of the Service to other users.
Support
Please contact Supplier (support@fidelix.com) for any technical support needs regarding the Service.
Personal Data
The Supplier processes Your personal data in accordance with the applicable data protection legislation and complies with requirements of privacy in processing of personal data. The privacy statement related to the Service’s customer register is available at www.fidelix.com
Copyright and Other Intellectual Property Rights
The Service and data relating to providing the Service, including without limitation intellectual property rights therein, are owned by Supplier and/or its licensors. The structure, organization, algorithms and code of the Service are valuable trade secrets and confidential information of Supplier and/or its licensors.
Feedback
You may from time to time provide suggestions, comments or feedback (“Feedback”) with respect to the Service. All Feedback is voluntary and, even if marked as confidential (unless subject to a separate written agreement), will not create a confidentiality obligation for the Supplier. The Supplier will be free to use, disclose, reproduce, license or otherwise distribute such Feedback, without obligation or restriction of any kind with relation to a Your Intellectual Property Rights or otherwise.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED ”AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SUPPLIER AND ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER SUPPLIER NOR ITS LICENSORS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE AND RESULTS OBTAINED FROM IT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPPLIER AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA (WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES SUPPLIERS OR ITS LICENSOR’S ENTIRE LIABILITY SHALL BE LIMITED TO EUR 50.
Changes and Contact Details
Supplier may, at its sole discretion, change or modify these User Terms. Changes shall be informed to You within the Service.
If You have any questions about or notices relating to these User Terms or if you want to contact the Supplier for any reason, please direct all correspondence to: support@fidelix.com