Terms of service
Last Updated: August 29, 2024
These Terms of Service (“Terms”) govern the subscription, access and use of the Trustmary online platform (“Service”) provided by Trustmary Group Oy (Business ID: 2725847-4) (together with all of its affiliates and subsidiaries, “Trustmary”) via its website located at www.trustmary.com (“Website”).
By taking the Service into use, the customer organization (“Customer”) will be bound by these Terms. By finalising a subscription within the Service, you hereby warrant that you have the required authority to subscribe to the Service on behalf of the Customer.
Certain sections of these Terms are also directly applicable to each individual user (“User”) accessing the Service on behalf of Customer.
Each party (Customer, Trustmary, and Users) is hereinafter individually referred to as the “Party” and together as the “Parties.”
Please read these Terms with due care. By clicking the box referring to these Terms or by otherwise using or accessing the Service, a binding contract is formed between the Customer and Trustmary, or between the User and Trustmary, respectively. Customers are responsible for all acts and omissions of their Users. Trustmary may occasionally update these Terms. By continuing to access or use the Service after those changes become effective, each Customer and User agrees to be bound by the revised Terms.
Please note that Trustmary may also provide Customer with certain other services, which are ordered separately. These Terms are only applicable to the access and use of the Service and Website. Where the Parties have entered into a separate agreement in regard to the subject matter covered in these Terms, such agreement shall have priority and these Terms shall apply secondarily.
Right to use the Service
Subject to due payment of the Service Fees (except in the case of Free Subscriptions) as well as subject to the compliance with the Terms agreed herein, Trustmary grants Customer and Users a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Service during the Subscription Period for the purposes set out herein. Customers and Users understand and agree that the Service is provided under license to Customers and Users, not being sold to Customers and Users, and Customers and Users do not gain any ownership interest of any kind in the Service under these Terms.
The Service may only be used by individuals aged 18 and older. By using the Service, each User represents and warrants that they are 18 years of age or older and otherwise meets all of the eligibility requirements contained herein. If a User does not meet all of these requirements, the User must not access or use the Service.
Customers and Users may need to provide certain registration details or other information on behalf of themselves or other users to create an account and to otherwise access and use the Service. It is a condition of the Customer’s and User’s access and use of the Service that all the information provided to register with the Service is correct, current, and complete, and not false or misleading.
About the Service
The Service consists of an online platform for collecting, publishing and analyzing customer feedback and customer satisfaction statistics and surveys. The Service also contains an embedding tool, which enables Customer to embed the results obtained from their use of the Services (such as customer recommendations and scoring) on the Customer’s own website.
The functionalities of the Service are further specified here.
The Service is available for the following types of subscriptions:
- A free-of-charge subscription (“Free Subscription”) with an access to a limited number of Service features and a single User account; and
- A paid subscription, for which the applicable service fees are, unless separately otherwise agreed between Customer and Trustmary, the fees indicated in connection to be finalization of the subscription (“Service Fees”).
For subscriptions made with a credit card, the Service Fees shall be automatically charged for the entire chosen Subscription Period upon the completion of the subscription process by Customer.
The pricing and availability of the Service is subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and the applicable credit card or other payment mechanism charged.
Although certain features of the Service may be provided free-of-charge, some features of the Service will not be available in the free version. Trustmary reserves the right, in its sole discretion, to determine eligibility for a Free Subscription and, subject to applicable laws, to withdraw or limit such right at any time without prior notice and with no liability.
Unless separately agreed between the Parties or explicitly mentioned in the service descriptions, the Customer or Users are not entitled to receive, inter alia, customer support services, consultation services, data transfer, integration or implementation services. In case such services are included in Trustmary’s service offering, Trustmary shall have the right to collect the applicable fees and charges relating to these services and shall provide such services in accordance with the service descriptions.
Authorized Users
Only individuals authorized by the Customer are allowed to access and use the Service. Customer is only entitled to allow access to Users exclusively from Customer’s own organization and shall not provide access to the Service to any third parties. Any unauthorized use is prohibited.
Customer and each User shall be responsible for any unauthorized use of the Service conducted with their usernames and/or passwords. All User accounts are strictly personal. Trustmary has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, and/or suspend access to the Service and/or Website, at any time if, in our opinion, the Customer or any User has violated any provision of these Terms.
The Customer shall use all reasonable efforts to prevent unauthorised access to, or use of, the Service. In the event of or if the Customer or User has a reason to suspect any unauthorised access or use of the Service, or if any password has been revealed to a third party, Trustmary must be promptly notified.
The Customer shall remove and manage the access rights to the Service when necessary, such as in case of termination of employment of a User.
Restrictions of Use
The Service is only intended to be used for the internal operations of Customer and may not be used for other purposes. Trustmary may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or any action that may be damaging to the rights or interests of Trustmary or any third party.
Unless otherwise permitted in these Terms, Customer or any User may not:
(a) circumvent or attempt to circumvent any usage control or anti-copy features of the Service;
(b) probe, scan or test the vulnerability of the Service;
(c) use the Service and the content available through the Service in any manner that could damage, disable, overburden or impair the Service;
(d) use any data mining, robots, scraping, or similar data gathering or extraction methods;
(e) use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the content available through the Service, except as provided herein;
(f) interfere with Trustmary’s other customers’ use of the Service;
(g) reverse engineer or decompile the Service or access the source code thereof;
(h) use the Service for transmitting any unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation or mass messaging;
(i) use the Service in violation of applicable laws, regulations, guidelines, directives, or standards, including but not limited to those set by the Federal Trade Commission (FTC), the European Union (EU), and other relevant regulatory bodies globally, as well as, but not limited to, those currently in force in the Customer’s respective usage areas;
(j) modify, reproduce, adapt, translate, creative derivative works of or otherwise exploit any portion of the Service, or use the Service in ways that violate intellectual property rights, business secrets or privacy of third parties;
(k) use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.
Other Obligations
The Customer and each User are responsible for ensuring that their hardware, connections, software and data systems meet the operating environment of the Service and for ensuring that the Service fulfils the Customer’s intended purpose of use. The use of the Service requires a functioning connectivity to internet.
The Customer is responsible for all data and content the Customer or a User enters into the Service and the validity and accuracy thereof. In particular, the Customer shall ensure that any contact lists (including emails) used by the Customer in the Service are verified, up-to-date and include correct contact information of recipients who have given their authorization to be contacted in the manner and form determined by the Customer.
By uploading any data and content, such as reviews, to the Service, the Customer or User agrees and warrants that they have obtained any and all necessary rights, licenses, and permissions to use, upload and communicate such data or content. The Customer’s or User’s liability includes the exporting of third-party reviews using the functionalities of the Service. The Customer or User further agrees to indemnify and hold Trustmary, its affiliates and its agents harmless, to the maximum extent permitted by law, from and against any and all claims, damages, expenses, and liabilities, including reasonable attorneys’ fees, arising from or in connection with any violation of third-party rights that result from the User’s use, uploading or exporting of data or content to the Service. In addition, you agree to take down, at Trustmary’s request, any data, content or material found to have been unlawfully uploaded to the Service.
The Customer shall ensure that Users use the Service in compliance with these Terms. Misuse of the Service by the Customer or any User may lead to immediate termination of the subscription or suspension or denial of access to the Service.
Third Party Services
Certain functionalities of the Service may be provided by or integrated with services provided by third party service providers.
Trustmary shall not be liable for any direct or indirect damages arising from the use of third party services. In addition, Trustmary shall not be liable for interruptions to the availability of the services provided by third parties.
These Terms and the Privacy Policy exclusively cover the Service and the use thereof and any and all linked third party services and platforms are provided by the relevant third parties and covered by their terms of service, privacy policies, or other terms or licenses. Trustmary does not assume any liability in regard to use of such third party services and platforms, whether or not they are linked to the Service.
Intellectual Property Rights
The Service is provided to Customer as a SaaS service.
All title and any intellectual property rights to the Services as well as any content, materials and documentation, information and data created by Customer or Users as a result of their use of the Services, as well as any copies, modifications, translations, amendments and derivatives thereof (collectively, “Results”) belong to Trustmary or its licensors. Such Results include, for example, widgets and other similar material created in connection with the use of the Service. Customer and Users hereby assign and agree to assign to Trustmary all rights, titles and interests, including intellectual property rights, they may have in such Results as well as the right to freely transfer, license, amend and modify the Results and intellectual property rights relating thereto. For clarity, the Customer or Users will always retain rights to their logo, branding, contact details and other similar material that can be considered to be the exclusive property of the Customer, and Trustmary shall have rights to such material only to the extent necessary to provide the Service.
Intellectual property rights shall be understood in the broadest sense, including but limited to any copyright, patent, trademark, design right, database protection right, and any other form of statutory protection of any kind (whether registered or unregistered) and applications for any of the foregoing respectively as well as any know-how, inventions, and trade secrets in or related to the Service or Results and thereto related documentation (including modifications, if any) and all parts and copies thereof.Except as expressly stated herein, these Terms does not grant the Customer or User any intellectual property rights in the Service or to the Results and all rights not expressly granted hereunder are reserved by Trustmary and its licensors, as the case may be.
Customer shall however have the right to use the Results for its own internal business purposes only, including the right to use, embed and publish the content on the Customer’s own website, its social media channels as well as sales and marketing materials.
User-Generated Content
By leaving reviews and other similar content with the Service, the person leaving the review (“Reviewer”) grants Trustmary, its licensors and Customers a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, and perform such content for use in the provision of the Service (“User-Generated Content”).
The Reviewer represents and warrants that he/she has all necessary rights, licenses, and permissions to grant this license and that the User-Generated Content, to the best of the
Reviewer’s knowledge, does not infringe upon any third-party rights. The Reviewer acknowledges and agrees that they will not be entitled to any compensation or attribution for the use of their content by Trustmary, its licensors or Customers, including the waiver of any so-called moral rights to the extent permitted by the applicable law.
The posting of false, illegal, misleading, defamatory, harassing, threatening, offensive or otherwise inappropriate reviews is strictly forbidden. Trustmary reserves the right to remove any such content at its discretion and to take any other needed actions. If you want your User-Generated Content to be removed from the Service, please contact the distributor of the content directly regarding your request. If necessary, we can provide you with assistance in this process.
Analytics Data
Trustmary shall have the right to collect aggregated and anonymized analytics data from Customers and Users use of the Service as well as from any embedded content. Such analytics data shall be proprietary to Trustmary, and Customer and Users hereby assign to Trustmary all rights, titles and interests, including intellectual property rights, they may have in such analytics data. Trustmary may use such analytics data to e.g. develop its own products and services, generate statistics and compilations and use them for the service offerings as well as for its other commercial purposes.
Personal Data Processing
During the course of providing the Customer with the Service, Trustmary may also process certain personal data on behalf of Customer as a data processor. In respect of such personal data processed on behalf of Customer, the Trustmary Data Protection Addendum (“DPA”) shall apply. The terms of the DPA are hereby incorporated into these Terms of Service. With respect to provisions regarding processing of personal data, in the event of a conflict between these terms and the DPA, the provisions of the DPA shall have priority.
Interfaces and integration tools
For the avoidance of doubt, all interfaces and integration tools relating to the Service are provided on an “as is” basis. Trustmary may provide the Customer with such interfaces and integration tools as developed and implemented by Trustmary from time to time. The Customer acknowledges that some interfaces or integration tools may be provided by third parties and/or may have connections or links to third party service providers’ software or systems. Trustmary shall not, under any circumstances, be liable for the actions of such third parties or the parts of the interfaces or integration tools which are delivered, maintained or owned by third parties.
Availability
Trustmary will strive to have the Service available 24 hours a day, 7 days a week (“Service Hours”) during the term of the subscription.
Notwithstanding the above mentioned, Trustmary shall have the right to temporarily suspend the provision of the Service during the Service Hours in accordance with the following, without any obligation to compensate any damages or service level failures:
Trustmary shall have the right to suspend the availability of the Service for a reasonable duration, if this is necessary in order to perform installation, change or maintenance work in respect of the Service. If Trustmary suspends the Service for this reason, Trustmary strives to inform the Customer and Users of the suspension and the estimated duration of the suspension in advance and strives to minimize any inconvenience resulting from the suspension.
Trustmary shall have the right to deny access to the Service without any prior notice, if Trustmary suspects that the Customer or User burdens or uses the Service in a manner which may jeopardize the availability of the Service to other users. Trustmary shall without undue delay inform the Customer of the reasons for such denial.
Customer and Users further acknowledge that interruptions to the availability of the Service may also occur due to no fault of Trustmary, for example, in the event of data connection disruptions or interruptions to the availability of systems or components delivered by third parties.
Warranty and limitation of liability
Except as specifically provided under these Terms, the Service is provided “as is” and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Trustmary makes no warranty of any kind that the Service, or any results of the use thereof, will meet yours or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system or other service, or be secure, accurate, complete, free of harmful code, or error-free. Trustmary is not responsible for the circumvention of any privacy settings or security measures contained in the Service, its Website or associated applications.
TRUSTMARY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS OR LOSS OF GOODWILL, COST OF REPLACEMENT GOODS OR SERVICES, OR USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY. TRUSTMARY’S TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICE AND THE WEBSITE, SHALL BE LIMITED TO THE AGGREGATE SERVICE FEES PAID BY THE CUSTOMER (IF ANY) FOR THE SERVICE FOR THE LAST 3 MONTHS PRECEDING THE OCCURRENCE FOR WHICH DAMAGES ARE CLAIMED.
Trustmary has no other obligations or liabilities than those that have expressly been agreed upon in these terms.
Indemnity obligations of Customer
Customer will indemnify, defend and hold harmless Trustmary and its affiliates and their respective agents, officers and employees for, from and against any and all claims, damages, costs and expenses (including reasonable legal costs) relating to Customers’ or Users’ breach of the following provisions of these Terms:
- Section Intellectual Property Rights
- Section Restrictions of Use.
Subscription Period, Renewal and Termination
Unless agreed otherwise between the Parties, the paid subscription shall be valid for, based on Customer’s choice in connection to finalizing the subscription, for either one year or one month at a time (“Subscription Period”).
Unless terminated by Customer at least 30 days prior in monthly subscriptions and at least 2 months prior in annual subscriptions to the termination of the initial Subscription Period, the subscription shall automatically renew for a period of the same length. The Customer shall continue to have access to the Service and Trustmary is entitled to charge the Service Fee until the end of the Subscription Period.
The Free Subscription of the Service is valid until further notice and may be terminated with immediate effect by either Party for any reason by giving written notice to the other Party.
Termination notices can be submitted to Trustmary at invoicing@trustmary.com.
Each Party may terminate these Terms with immediate effect by giving written notice thereof to the other Party, if the other Party fails to comply with these Terms and does not remedy the failure within reasonable time.
Such provisions of these Terms that are intended to survive the termination or expiry of these Terms shall however survive the termination.
Upon termination for any reason, Trustmary shall not be obliged to refund any payments effected in accordance with these Terms.
After termination for any reason, the Customer and Users shall lose their access right to the Service as soon as the notice period has ended.
Force Majeure
Trustmary shall not be liable for any unavailability, errors, delay or damage caused by an impediment beyond the Trustmary’s control and which Trustmary could not have reasonably taken into account in advance, nor the consequences of which Trustmary could not reasonably have avoided or overcome. Such force majeure events shall include, if not proven otherwise, inter alia, war or insurrection, earthquake, flood or other similar natural catastrophe, interruptions in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action.
Trustmary shall without delay inform the Customer in writing of a force majeure event and the ceasing of such event.
Confidentiality
Neither Party shall disclose to third parties any material or information received from the other Party and marked as confidential or which should be understood to be confidential and shall not use such material or information for any other purposes than those stated in these Terms.
The confidentiality obligation shall, however, not be applied to material and information (a) which is generally available or otherwise public; or (b) which the Party has received from a third party without any obligation of confidentiality; or (c) which was in the possession of the receiving Party prior to receipt of the same from the other Party without any obligation of confidentiality related thereto; or (d) which a Party has independently developed without using material or information received from the other Party.
Governing Law and Dispute Resolution
These Terms shall be exclusively governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions.
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. The arbitral proceedings and award shall be confidential.
Nothing in these Terms shall be deemed to limit the Parties’ rights to seek interim injunctive relief or to enforce an arbitration award in any court of law. With respect to any violation of any intellectual property rights and/or confidential information of Trustmary and/or payment obligations under these Terms, Trustmary shall have the right, at its sole discretion, to seek remedies in public courts within any applicable territory.
Changes to the Service, Service Fees or Terms
Trustmary may make modifications or changes to the Service at any time at its sole discretion and without notification, provided that such changes do not materially negatively affect the Customer, Users or the usability of the paid subscription of the Service.
If Trustmary introduces changes materially negatively affecting the Service in respect of paid subscriptions, Trustmary will notify the Customer with a paid subscription thereof at least 30 days in advance in writing and the Customer is entitled to object to the revised terms, in which case Trustmary may elect to have the prior terms control, to negotiate an alternate solution with Customer, or if neither of the foregoing is applicable then Customer may terminate the subscription of the Service to end on the date the change is notified to take effect in case the Customer does not accept the changes. In respect of paid subscriptions, Customer’s continued use of the Service following notice, and/or Customer’s failure to object in writing to a proposed change within the thirty (30) day period, constitutes Customer’s acceptance of and agreement to the revised terms.
Trustmary may, at its discretion, make changes to the Service Fees. Trustmary will notify Customers with paid subscriptions of such changes at least 30 days in advance, unless otherwise agreed. Such changes shall not be applied during an ongoing Subscription Period.
Trustmary may occasionally update these Terms. When we do so, we will also revise the ”last update” date and, in case of a material update, notify our Customers with a paid subscription by email at least 30 days in advance. By continuing to access or use the Service after those changes become effective, Customer and Users agree to be bound by the revised Terms.
Trustmary may make any changes to the Service or its Terms applicable to or affecting the Free Subscription of the Service or the Customers or Users using such Free Subscription (including material changes and discontinuation of parts of the Service under the Free Subscription) without prior notification or notice to the Customer and Users. However, Trustmary will provide an advance notification on its website visible to Users of the Free Subscription in case the Free Subscription will be discontinued as a whole. We recommend periodically reviewing these Terms, as by continuing to access or use the Service after changes become effective, each Customer and User agrees to be bound by the revised Terms.
Severability and Assignability
If any part of these Terms is held to be invalid or unenforceable by any court, tribunal or other authority having jurisdiction, this shall not affect the validity or enforceability of the rest of these Terms. Instead, these Terms shall be construed and interpreted so that its effect shall remain as close as legally possible to the effect it would have had without such invalidity or unenforceability.
These Terms or any rights or obligations hereunder may not be assigned without the prior written consent of the other Party. Trustmary may, however, assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets without the prior consent of Customer.
Contact Details
Please contact us regarding these Terms of Service at:
Name: Trustmary Group Oy
Business ID: FI27258474
Correspondence address: Kauppakatu 39, 40100 Jyväskylä
Email: support@trustmary.com
Website: trustmary.com
