TERMS OF SERVICE

Please read the following Terms of Service (“Terms”) carefully before using the Tecnotree Moments Platform.  By accessing, browsing and/or using the Platform, you accept and agree, without any limitations to these Terms and concluding a legally binding agreement with Tecnotree OYJ and/or its affiliates (collectively called as “Tecnotree”).

You may not use the Platform if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Tecnotree Moments Platform (“Service”) is at your own risk, including the risk that you might be exposed to or content that is objectionable, or otherwise inappropriate.

1. Introduction

1.1. The Platform is owned and operated by Tecnotree. Your use of the Platform is governed by a legal agreement between you and Tecnotree consisting of these Terms. You may use the Platform to browse, locate, or download “Products” (defined as software, content and digital materials created for use in connection with Tecnotree) for use in connection with the Platform. Each Product is made available by the developer of the Product, which is typically a third party not affiliated with Tecnotree. Tecnotree is not responsible for any Product on the Platform that originates from a source other than Tecnotree, and you should ensure that you read and agree to any additional terms that apply to those Products before accessing or using them. Additionally, some Products may be made available to you at no charge while others may require the payment of fees directly to the developer of the Product. None of these payments are processed by Tecnotree or through the Platform.

1.2. You are solely responsible for your use of the Platform and any Products and Services, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Tecnotree may suffer) of any such breach.

1.3. You are solely responsible for all fees associated with purchases you make outside of the Platform. Tecnotree is not responsible for establishing the price of Products available through the Platform and does not have the ability to issue any refunds or credits for Products purchased from third parties.

1.4. You accept the Terms by either (a) clicking to agree or accept where these options are presented to you, or (b) actually using the Platform. Please do not use the Platform unless you agree to the Terms.

2.Eligibility to use the Services

2.1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

2.2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

2.3 If you are accessing this Platform as a representative of an organization, the Agreement binds both you, individually and the organization and references to “You” and “Your” shall be construed to apply jointly and severally to you individually and the organization. If you are accepting the Terms on behalf of your employer or another entity, you represent and warrant that: (a) you have full legal authority to bind your employer or such entity to the Terms; (b) that you have read and understand the Terms; and (c) that you agree, on behalf of the party that you represent, to the Terms. If you don’t have the legal authority to bind, please do not click the “I Accept” button or use the Platform.

2.4 Tecnotree reserves the right to modify and/ or amend the Terms without notice and any such modification and/or amendments are effective when they are posted on the Platform. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of the Platform, Products and Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

3. Prohibited use

3.1 As a condition of your use of this Platform, you will not use the Platform and/or any information contained herein for any purpose that is unlawful or prohibited by agreement. You will not use this Platform in any manner that could damage, disable, overload or impair the operation of this Platform or use by third parties.

3.2 Any copying, reproducing, modifying, disseminating, displaying, or transmitting any of the contents of the Platform for any purposes are strictly prohibited.

3.3 Systematic retrieval of data and/or other content from this Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written consent of Tecnotree is strictly prohibited.

3.4 You further agree not to: (i) delete or amend any data, information, or materials on the Platform; or (ii) harvest or otherwise collect information about others from the Platform, including e-mail addresses, without their consent; or (iii) take any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any operation being conducted on the Platform; or (v) use or attempt to use any engine, software tool, or other device or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Tecnotree on the Platform and other than generally available third party web browsers; or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform.

3.5 From time to time, Tecnotree may discover a Product on the Platform that violates the Tecnotree policy or other legal agreements, laws, regulations or policies. In such an instance, Tecnotree retains the right to remove such a Product from the Platform at its sole discretion.

4. Provision of the Services being offered

4.1 Tecnotree reserves the right to charge a subscription and/or membership and/or a convenience fee from You, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Platform anytime in future.

4.2 You acknowledge and agree that the form and nature of the Services which Tecnotree provides, may require affecting certain changes in it, therefore, Tecnotree reserves the right to suspend/cancel, or discontinue any or all Products or Services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the Platform without any prior notice.

4.3 You acknowledge and agree that if Tecnotree disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

4.4 Chargeback and Billing Disputes: Tecnotree is not responsible for billing disputes arising from purchases made for Products available through the Platform. If you are required to pay a fee for any Product made available through the Platform, this fee is paid directly to the developer of the Product, and the developer is a third party that is not affiliated with Tecnotree. All billing issues should be directed to the developer in question, the payment processor, or your credit card company as appropriate.

5. Copyright

5.1 The contents of this Platform are copyrighted and belong exclusively to Tecnotree. Any rights not expressly granted herein are fully reserved.  Any reproduction, transfer, dissemination or storage of part or all of the contents in any form without the prior written permission of Tecnotree is strictly prohibited.

5.2 You will not distribute, modify, transmit, re-post, or use the content of the Platform, including the text, images, audio, and video, for public or commercial purposes without Tecnotree’s prior written consent.

5.3 Any images displayed on the Platform is the property of Tecnotree and shall not be used without Tecnotree’s prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

5.4 Tecnotree neither warrants nor represents that your use of any information, materials and/or data or any other contents displayed on the Platform will not infringe rights of third parties.  Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Tecnotree Intellectual Property Rights (including, but not limited to any patent, trademark, trade name, copyright or trade secret).

6. Trademarks

6.1 All rights in the Tecnotree products’ names, company names, trademarks, logos, product packaging, and designs of all Tecnotree or third-party products or services, whether or not appearing in large print of with or without the trademark symbol, belong exclusively to Tecnotree or to their respective owners and are protected from reproduction.

6.2 The absence of mentioning in this Platform that any name, or logo, or brand is a registered trademark or service mark in no way implies that there is no protection of these marks, trade names, words or signs.

6.3 Any product, process, method or technology described in this Platform may be the subject of other intellectual property rights reserved by Tecnotree or a third party.

7. Links to Third-Party Platforms / Sites

7.1 This Platform may contain links to other web platforms (“Sites”). The Sites are not under the control of Tecnotree and Tecnotree is not responsible for the contents of the Sites. If you link to any Sites, you are leaving the Platform. If you decide to access any of the Sites, or if you link to this Platform from some other Sites, you do this entirely at your own risk.

7.2 The inclusion of such Sites is not an endorsement by Tecnotree in favor of any companies, institutions, organizations, products or services on the other web platforms.  Tecnotree is providing other web platforms for your convenience only and therefore Tecnotree reserves the right to terminate any link or linking program at any time.

7.3 Third party content does not reflect our views or that of our, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any of Your Content or any third-party content.

7.4 You further acknowledge and agree that Tecnotree is not liable for any loss or damage which may be caused to you as a result of the availability of those Sites or resources, or as a result of any reliance placed by you on the accuracy or existence of any advertising, products or other materials on, or available from, such Sites or resources. Tecnotree expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

8. Platform Security

8.1 Upon accessing the Platform, you further agree not to violate or take any action which might violate or attempt to violate the security of the Platform, including, without limitation:

8.1.1 Accessing data not intended for you or logging into a server or account that you are not authorized to access;

8.1.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

8.1.3 Attempting to interfere with the use of any other user, host or network, including, without limitation, by way of submitting a virus to, or overloading, carrying out any actions commonly known as “spamming”, “mail-bombing” or “crashing” the Platform;

8.1.4 Sending unsolicited e-mails, including promotions and/or advertising of products or services;

or

8.1.5 Providing any false TCP/IP packet header or any part of the header information in any e-mail or posting.

8.2 Violations of system, network or Platform security may result in civil or criminal liability. Tecnotree will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violation.

9. No Warranties

9,1 Tecnotree makes no warranties, expressed or implied, including any implied warranties of merchantability and fitness for a particular purpose or non-infringement of Intellectual Property Rights (“IPR”).

9.2 Tecnotree makes no warranties or representations as to the accuracy of the contents of this Platform. Tecnotree shall not be held responsible for any action taken that is based on the information presented on the Platform, and all users do so at his/her own risk. Tecnotree assumes no liability or responsibility for any errors or omissions in the content of the Platform.

9.3 Your use of and browsing in the Platform are at your own risk. Neither Tecnotree nor any other party involved in creating, producing, hosting or delivering the Platform is liable for any direct, incidental, consequential, indirect, or punitive damages arising out your access to, or use of the Platform and/or its contents.

9.4 Tecnotree also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to or browsing in the Platform or downloading of any materials, data, images, video or audio from the Platform.

9.5 Under no circumstances will Tecnotree or its managers and/or officers and/or employees be liable for any incidental, consequential or indirect damages arising out of the use or inabiliy to use this Platform or any information contained on the Platform.

10. Limitation of Liability

10.1 Tecnotree will not be liable to You for any loss or indirect, or incidental damages relating to, arising out of, or in any way in connection with these Terms, Platform or Services.

11. Disclaimer

11.1 YOUR USE OF THE PLATFORM AND ANY PRODUCTS OBTAINED THROUGH THE PLATFORM IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY STATED, TECNOTREE PROVIDES THE PLATFORM AND PRODUCTS “AS IS” AND “AS AVAILABLE.” TECNOTREE DOES NOT MAKE OR IMPLY ANY WARRANTIES OR COMMITMENTS ABOUT THE PLATFORM AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SPECIFIC FUNCTIONALITY AVAILABLE THROUGH THE PLATFORM OR THE PRODUCTS, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEED.

12. Termination

12.1 Tecnotree reserves the right, in its sole and exclusive discretion, to terminate your access to all or part of this Platform, with or without notice and without any liability.

13. Indemnity

13.1 You shall indemnify Tecnotree from and against all losses and damages that may be caused as a consequence of breach of any of the Terms and any other policies issued by Tecnotree.

14. Assignment

14.1 Tecnotree is allowed at any time either to assign or subcontract all or part of its role under these Terms to one or more Tecnotree entities. Where Tecnotree has assigned or subcontracted all or part of its role, Tecnotree shall be responsible for any breach of these Terms by the relevant assignee or subcontractor.

15. Governing Law and Dispute Resolution

15.1 You agree to submit to the exclusive jurisdiction of the courts located in Finland as regards any claims or matters arising under these Terms. Tecnotree shall accept no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than Finland. The mere fact that the Services can be accessed through Internet in a country shall not be interpreted to imply that the laws of the said country govern these Terms.

15.2 Any dispute relating in any way to your visit to the Platform or to services provided by Tecnotree shall be adjudicated in Helsinki, Finland, and you consent to exclusive jurisdiction and venue in such courts.