Terms of service
Effective Date: August 28, 2017
The following terms and policies govern all use of the Passwork Ltd’s (“Passwork”) website passwork.me (“Website”) and all content, services and products available at or through the Website (collectively referred to in these terms as the "Services").
In some countries, there may be restrictions on the use of the Website or Services. It is your responsibility to ensure that you are legally allowed to use Services where you are located.
These Terms will remain effective from the date of acceptance until terminated by you or Passwork in accordance with these Terms. Passwork shall have the right to change or modify these Terms from time to time. If Passwork decides to do so, the changes and new Terms will be posted to the Website. Any changes and the new Terms will be effective after they are posted to the Website. By continuing to use the Website or Services after any changes, you are accepting such changes and the new Terms. If you do not agree to the Terms, please discontinue use of the Website and Services.
These Terms will govern any and all upgrades or modifications to the Website or Services, unless such upgrade or modification is accompanied by a separate terms and conditions in which case those terms and conditions will govern.
Passwork makes no representation that the Website or Services are available for use in any particular location. Passwork cannot guarantee that the Website or Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website or Services, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Passwork takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which Passwork has no control.
Passwork is not obligated to make any updates available and does not guarantee that it will continue to support any versions or any operating systems, software or devices.
Use of the Website or Services
The Website and the Services are for your individual use. You shall have no right to resell or commercialize the Services to any third party. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy (except if expressly permitted by the Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or Website, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Service or Website, if any). In addition, any commercial copying or distribution, publication or exploitation of the Service, or any content, software, code, data or materials on or from the Website, are strictly prohibited unless you have received express prior written permission from Passwork or the applicable rights holder.
If an auditable source code is provided to you by Passwork in connection with the Services, you are allowed to modify the source code to be suitable for your internal use. However, you are not allowed to make any modifications or alterations to the source code or the Services that will affect the licensing system or fees charged by Passwork relating to the Services and all such modifications and alterations are explicitly forbidden. Any modifications shall be made at your own risk. You shall have no right to distribute, publish, disclose, rent, lease, lend, sell, redistribute or sublicense the source code or parts thereof to third parties.
Passwork reserves all rights not expressly granted to you.
You agree not to use the Services in an illegal or inappropriate manner. Passwork has the right (but not the obligation), at its discretion, to remove any content that violates any terms or policies of Passwork. Passwork may also deny access to Website and its Services to any person or entity for any such reason, at the discretion of Passwork. Passwork will not have any obligation to reimburse any amounts previously paid.
You are responsible for ensuring the security of your credentials and account, as well as for all activities that occur under your account. You shall immediately notify Passwork of any unauthorized use of your account or any other breach of security. Passwork is not liable for damages of any kind, incurred because of such unauthorized use.
Your Responsibility and Obligations
Passwork assumes no responsibility for any damages to visitors, resulting from the use of this website. You assume full responsibility for the use of this web site and any services and products provided by Passwork.
You warrant that your use of this website will be in strict accordance with the Terms and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city or other governmental area, regarding online conduct and acceptable content), as well as that your use of Website or Services will not infringe the intellectual property rights of third parties.
You may not: (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service or Website or communication or protocols; (c) send unsolicited communications or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity; (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) collect or harvest any personally identifiable information, including account names, from the Website or Services; or (f) impact or attempt to impact the availability of the Services or Website, with a denial of service (DOS) or distributed denial of service (DDoS) attack or any other method.
You may not use the Services or Website to stream, post or otherwise transmit or submit content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (b) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) poses or creates a privacy or security risk to any person; or (d) infringes any intellectual property or other proprietary rights of any party.
You are solely responsible for acquiring all equipment required to use the Website and Services, including but not limited to Internet access and devices that enable communications and all the costs relating thereto. Services may use the processing capabilities, memory and internet connection of the device you are using. If your use of the Services is dependent upon the use of a device internet connection owned or controlled by a third party, you acknowledge and agree that your licence to use the Services is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting the Terms, you have obtained such consent.
The Services and the Website (including any content or information contained therein) and all copies thereof, are protected by copyright and other intellectual property laws and treaties. Passwork or its licensors own the title, copyright, and other intellectual property rights in the Website and Services and all copies, modifications and derivative works thereof, and the underlying software (including any user feedback) ("Passwork’s Rights"), and your use of our Services or Website does not grant to you, nor do you acquire any ownership rights in the Passwork’s Rights.
Passwork’s name, trademarks, logos and trade dress may not be used in connection with any product or service that is not Passwork’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Passwork.
Passwork respects the intellectual property of others, and we require you to do the same. Passwork contractually prohibits you from providing any content that infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) to the Service or Website. You may not stream, post, upload, display, submit, modify, distribute, or reproduce in any way any material that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Passwork reserves the right, in its discretion, to remove any content and other material streamed, submitted or otherwise made available by you or other users to or through the Service or Website if Passwork believes that it may infringe the copyright of any third party, and/or to terminate the relationship with users believed to be infringers.
Passwork operates on a "notice and takedown" basis. If you are a copyright owner and believe that any content or other material on the Service or Website infringes your copyrights, you may submit a notification in accordance with the chapter 22 section 191 of the Finnish Information Society Code (917/2014, as amended)
The notification must include the following information:
- (a) name, address, telephone number, email address and other contact information of the notifying party;
- (b) an itemization of the material, for which prevention of access is requested, and details of the location of the material;
- (c) confirmation by the notifying party that the material which the request concerns is, in his/her sincere opinion, illegally accessible in the communication network;
- (d) information concerning the fact that the notifying party has in vain submitted his/her request to the content producer or that the content producer could not be identified;
- (e) confirmation by the notifying party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right; and
- (f) signature by the notifying party.
Any notification failing to comply with the requirements listed above is ineffective.
Please send the notice to the following address:
Passwork Oy, Pasilankatu 2, 00240 HELSINKI, Finland.
Passwork Oy, Pasilankatu 2, 00240 HELSINKI, Finland.
Passwork will process and investigate valid notices of alleged infringement and will take appropriate actions under the Finnish laws. Passwork reserves the right to refuse, disable, or delete the content or other material submitted by the user and to terminate relationship with such user.
Passwork will notify the respective user of prevention of access to the content or material supplied by him/her and supplies the content producer with a copy of the notification on the basis of which prevention was made.
If you are the respective content producer and you consider that prevention is groundless, you may get the material returned by delivering to the notifying party a plea in writing or electronically in accordance with the chapter 22 section 192 of the of the Finnish Information Society Code within 14 days of receiving the notification. A copy of the plea must be delivered to Passwork.
The plea must include:
- (a) the name, address, telephone number, email address and other contact information of the content producer;
- (b) the facts and other reasons under which prevention is considered groundless;
- (c) an itemization of the material for which prevention is considered groundless; and
- (d) signature by the content producer.
Anyone providing incorrect information in the aforementioned notification or plea shall be liable to compensation for damages as set forth in the Chapter 22 Section 194 of the Finnish Information Society Code or other applicable legislation.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
For the purposes of this section, "Passwork" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
SERVICES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; PASSWORK DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PASSWORK FURTHER DOES NOT REPRESENT OR WARRANT THAT SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PASSWORK SHALL CREATE A WARRANTY. SHOULD THE SERVICES CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT SHALL PASSWORK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PASSWORK’S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR SERVICES IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM
If any third party brings a claim against Passwork in connection with, or arising out of (a) your breach of the Terms; (b) your breach of any applicable law of regulation; (c) your infringement or violation of the rights of any third parties (including intellectual property rights); or (d) your submissions to the Website or the Services, you will indemnify and hold Passwork harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Passwork has the right to terminate your relationship with Passwork and your rights under these Terms without notice if you fail to comply with any terms or conditions of the Terms. You must cease all use of the Website and Services upon termination.
Passwork shall have the right to stop, disable access to, suspend, update or modify the Website or Services at any time without any prior notice or impose limits on the use of or access to Website or Services without notice or liability. You will not be entitled to claim any damages or other compensation for such stop, suspension or other limitation of the use of the Website or Services.
In addition, Passwork has the right to terminate its relationship with you and your rights under these Terms, or may terminate or suspend your use of the Website and Services at any time: (a) if you are in breach of the Terms; (b) if Passwork reasonably suspects that you are using the Website or Services to break the law or infringe third party rights; (c) if Passwork reasonably suspects that you are trying to unfairly exploit or misuse any of our policies; (d) if Passwork reasonably suspects that you are using Website or Services fraudulently or that the Website or Services is being used by a third party fraudulently; (e) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Passwork's partners; (f) you have been inactive for using the Services for more than six (6) months; or (g) if you don’t agree with changes or amendments to these Terms.
You will not be entitled to claim any damages or other compensation upon termination.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Passwork.
If any provision of the Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. The Terms may not be modified or amended except as described herein by Passwork or otherwise with the written agreement of Passwork.
The failure by Passwork to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Passwork’s right or remedy. If Passwork waives a breach of the Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
This section, along with any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
The Terms shall be governed by and interpreted in accordance with the laws of Finland, excluding its conflicts of law rules, and shall be subject to the exclusive jurisdiction of the courts of Finland.