ELECTRONIC END USER LICENSE AGREEMENT FOR USERS OF THE “FinxS” ONLINE SYSTEM

NOTICE TO USER: THIS IS A CONTRACT. BY SELECTING “ACCEPT”, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT   

This “FinxS” End User License Agreement accompanies the “FinxS” Online System and related explanatory materials (“Material”). The term “System” also shall include any upgrades, modified versions or updates of the Online System licensed to you by “FinxS”   

Please read this Agreement carefully. At the end, you will be asked to accept this agreement and begin to use the “FinxS” System or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the System.  Upon your acceptance of this Agreement, “FinxS” grants to you a nonexclusive license to use the System, subject to these terms and conditions, provided that you agree to the following:

1. Use of the System; You may use the System by yourself and/or allow any person in your organization access the system using your access credentials or separate access credentials you have created for them, based on your preference. You are responsible for all security related aspects when forwarding the access credentials to the System to other individuals. You may allow other organizations and/or individuals outside your organization access the system with your access credentials or separate access credentials you have created for them, based on your preference. You are responsible for all security related aspects when forwarding the access credentials to the System to other individuals/organizations.  You may (depending on your access privileges) grant usage rights to the system to other individuals/organizations. It will remain your responsibility guaranteeing those users will use the system for ethically and legally accepted purposes. You are responsible for the ways you or anyone you have allowed to access the System uses the System and the information it provides, and “FinxS” will not be liable or responsible for that. You decide and are responsible for who are allowed to access the material the system provides and to whom this material is forwarded to. “FinxS” or its suppliers are not responsible for the decision to whom the material is given access to and how they use it.
2. Copyright and Trademark Rights; The System and all related material to it are owned by “FinxS” and its suppliers. The structure, organization and code of the System are valuable trade secrets of “FinxS”. The System is also protected by International Copyright Laws. You must treat the System just as you would treat any other copyrighted material, such as a book. You may not copy the System or any contents of it, except as set forth in the “Use of the System” section. Any copies that you may be permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the System. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the System, in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the System. You may (depending on your access privileges) be allowed to upload images and content to the material the system produces. This material may include pictures, logos, trade marks, copyright protected text etc. You will carry full responsibility that you and people who you give access to the same functions are entitled to use that material. “FinxS” or its suppliers will not be responsible for the material you upload or otherwise enter into the system. “FinxS” and its suppliers have rights to remove from the system any material you have uploaded or created in the system if they have any reason to assume it may be violating someone else’s copyright or be morally or otherwise non-acceptable material. If “FinxS” and its suppliers have not removed some material, it does not mean they have accepted it.
3. Disclaimer of warranties; “FinxS” and its suppliers make no warranties, express, implied or statutory, as to any matters, including but not limited to non-infringement of third party rights, merchantability, or fitness for any particular purpose, and all such warranties and related liabilities are expressly excluded. “FinxS” and its suppliers do not and cannot warrant the performance or results you may obtain by using the software. 
4. Limitation of Liability; In no event will “FinxS” or its suppliers be liable to you for any consequential, indirect, incidental, punitive or special damages, including any lost profits or lost savings, even if a representative of “FinxS” or any supplier has been advised of the possibility of such damages, or for any claim by any third party.
5. Storing your data on “FinxS” server; “FinxS” is not obliged to store your data or data belonging to anyone you have given access to the system on its server after you have become an inactive user. The rules for how inactivity is defined are set by “FinxS” and its suppliers. The suppliers of the System are responsible for making sure their clients are aware of the rules. Being not aware of the details of the rules does not release you from being subject to them. “FinxS” reserves itself rights to change the details of the conditions without prior notice.
6. Point of delivery; The point of providing and delivering these online services is Finland.  It will stay as your responsibility to make sure you are entitled to deliver the goods, information and services to the country or to the person you are planning to take/give them to. “FinxS” or its suppliers will not be responsible for you or anyone you have given access to the system or its information, using the system or the information for purposes, in manner and in areas where there are no rights to use them or where they should not be used, be it legal, contractual or any other reason, but you are responsible for proper and legal use.  You are responsible for any third part claims and claims made by anyone you have given access to the system or information it provides.
7. European Union General Data Protection Regulation (GDPR); You accept that if you operate within European Union or process personal data otherwise being subject to GDPR, you will need to comply with all the aspects of the regulation.  As defined in GDPR, “FinxS” operates solely as a data processor and you will be the data controller. You are responsible for all the responsibilities (for example relating to data security and the rights of the data subject) of a data controller.  GDPR requires you to have an agreement with your business contact in which you entrust the processing of the personal data to the entity providing the FinxS System to you. You acknowledge that you need to have this agreement before you start entering personal data into the FinxS System.
8. Governing Law and General Provisions; This Agreement will be governed by the laws in force in the country of the place of the sale. All disputes relating to this shall be resolved in the courts of the country of the sale. However, any issue involving FinxS will be governed by the laws of Finland and such disputes resolved exclusively in the courts of Finland, notwithstanding who are the other parties involved in such issue. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software. This Agreement may only be modified by a writing signed by an authorized officer of “FinxS”, although “FinxS” may vary the terms of this Agreement in connection with the licensing of any updates to you. In such case, you will be asked to accept the updated agreement when signing in to the system first time after the update.
9. I allow the FinxS admin site to use cookies. Using cookies is required for the system to work. The consent is permanent and can be used every time I login to the system.