Terms of Use
Open Badge Factory
Version 2.0 — published on 20 October 2026
Effective from 24 November 2026.
General information about the Use of Open Badge Factory Service
These Terms of Use constitute a legal and binding agreement between the customer who has entered into an agreement regarding the use of the Open Badge Factory service and has an environment in the Open Badge Factory service (hereinafter the “User” or “You”) and Open Badge Factory Ltd. (“Service Provider”) on the access and use of the Open Badge Factory service.
The Open Badge Factory service (later referred to as “Service”) consists of a cloud-based platform that allows the users of the Service to create, issue and manage verifiable digital credentials that comply with the 3.0 Open Badges standard. The Service is available at the website https://openbadgefactory.com/ (“Website”).
The User may create end-users that are granted access to the Service under the User’s environment (hereinafter “End-User”). The User is responsible for all actions and activities conducted by the End-Users within the Open Badge Factory service. The User shall be liable to ensure that each End-User complies with these Terms of Use to the extent applicable. The User agrees to monitor and manage the End-Users’ use of the service to ensure compliance with these terms. The User is obliged to restrain any End-User that breaches the Terms of Use from using the Service.
By signing up for the Service, the User accepts these Terms of Use and the Data Processing Agreement. The Data Processing Agreement is available on the Website. By signing up for the Service and agreeing to these Terms of Use and the Data Processing Agreement, You represent and warrant that You are authorised to legally bind the legal entity You are representing to this agreement and such legal entity is considered the User as referred to in this agreement.
The Service may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). The Service Provider shall not be responsible for the content or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of use and/or privacy policies, the contents of which Service Provider recommends the User to review.
Access to the Service and Restrictions
Subject to the User’s acceptance of and continuing compliance with these Terms of Use, the Service Provider grants to the User a limited, non-exclusive, non-transferable, revocable license to use the Service solely for the purpose of creating, issuing and managing issued/received open badges. The User agrees not to use the Service for any other purpose. The Service shall not be used in any other manner than via specified interfaces and according to given instructions and these Terms of Use provided by the Service Provider.
Except as specifically allowed in these Terms of Use, the User is not entitled to use, copy, reproduce, republish, store, modify, transfer, display, encode, transmit, distribute, lease, license, sell, rent, lend, convey, upload or otherwise transfer, assign or make publicly available its User account, the Service, a part thereof or the material contained therein in any way. The User is not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file
formats or programming interfaces of, or create derivative works from the Service or any part thereof, except to the extent permitted under the mandatory provisions of applicable law. The User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary rights notices, marks, labels or any other branding elements contained on or within the Service, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Service.
The license of the User terminates immediately if the User attempts to circumvent any technical protection measures used in connection with the Service or if the User otherwise uses the Service in breach of these Terms of Use.
The User hereby represents and warrants that the information the User provides or provided in connection with registration to, and use of the Service is true and accurate. You further agree to promptly update any changed information as necessary to ensure the continued accuracy and completeness of any information provided. The use of the Service requires a username and a personal password or other user identification method approved by the Service Provider (hereinafter referred to as User ID). Unless otherwise agreed, a valid email address is used as the username.
The User must keep the password required for the use of the Service secret and not disclose it to anyone else. The User may not assign or transfer its User ID to a third party and may not allow a third party to use the Service with its User ID. If a third party has obtained the User’s password or the User has a reason to believe that a third party has obtained its password, the User must immediately inform the Service Provider. The User is solely responsible for actions taken by using its User account until it has informed the Service Provider of the loss of the password and the Service Provider has had a reasonable time to prevent the use of the Service with the User ID.
The Service Provider reserves the right to terminate the User’s access to the Service without prior notice if:
- the User violates these Terms of Use,
- the Service Provider has reason to believe that the User is engaged in illegal activity,
- the User’s actions compromise other users’ or Service Provider’s data security or privacy, or
- the Service Provider receives a notice that the User’s password has gotten into the hands of a third party.
The User acknowledges that the use of the Service requires a functioning device and an active internet connection. No devices or connections necessary for the use of the Service are provided subject to these Terms of Use. User is responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.
Service Levels, Pricing and Terms of Payment
The Service is available for subscription on different service levels that have different features. The subscription prices and features of different service levels may be updated at any time by the Service Provider. The subscription prices of the various service levels in force from time to time are specified on the Website. The subscription prices shown on the Website are exclusive of value-added tax, which shall be added to the invoice. The Service is provided subject to the timely payment of the subscription prices.
In addition to paid subscriptions, the Service Provider may offer a free trial period (“Free Trial Period”) for the Service, as specified on the Website. The User may continue using the Service by purchasing a desired subscription of the Service during the Free Trial Period or during the Retention Period (as defined below) after the Free Trial Period. If the subscription and payment are made during the Free Trial Period, the remaining days of the Free Trial Period will be added to the subscription time purchased by the User.
The User can upgrade the service levels anytime during a subscription period. For example, the User can purchase a one-year subscription for Basic service level and upgrade the service level to Premium a few months later if needed.
The User may downgrade a service level only after the current subscription period has expired. When the User chooses to downgrade a service level, the features of the Service become limited in accordance with the features of the lower service level. If a User downgrades their service level to Basic level, they must select which badges to retain if their current number of badges exceed the limit of the Basic service level.
Payment shall be done at the time of purchase of the Service or when upgrading the service level using the available payment methods. The accepted payment methods are specified on the Website.
All payments to be made under these Terms of Use shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If the Service Provider or the User is compelled to make any such deduction, the User will pay to the Service Provider such additional amounts as are necessary to ensure receipt by the Service Provider of the full amount which the Service Provider would have received but for the deduction.
Payment Service Provider
Paytrail Oyj (2122839-7) acts as an implementer of the payment handling service and as a payment service provider. Paytrail Oyj will be shown as the recipient in the invoice and Paytrail Oyj will forward the payment to the Service Provider. Paytrail Oyj is an authorised payment institution. For reclamations, please contact the website You made Your payment to.
Paytrail Oyj, business ID 2122839-7 Innova 2, Lutakonaukio 7,
40100 Jyväskylä
Phone: +358 207 181830 www.paytrail.com
Intellectual Property Rights
The Service Provider shall own all rights, title and interest in and to the Service as well as any material in or provided through the Service, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (hereinafter referred to as “Intellectual Property Rights”). The User shall not receive any ownership or Intellectual Property Rights by using the Service or for example by downloading material from or submitting material to the Service. Unless expressly authorized by mandatory legislation, the User may not copy, reproduce or distribute the Service in any manner or medium, in whole or in part, without the prior written consent of the Service Provider. All rights to the Service not expressly granted to the User herein are reserved by the Service Provider.
Responsibilities of the Service Provider
The Service Provider is responsible for the technical implementation and maintenance of the Service. The Service Provider may suspend the Service when necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. The Service Provider aims to ensure that the suspension is as short as possible.
The Service Provider will make an effort to inform Users a reasonable time in advance of substantial changes and breaks in the Service on the login page of the Service. However, the Service Provider reserves the right to perform small updates without informing the User in advance.
If the Service is not available for use for more than two (2) consecutive days, the subscription fee or any part of it shall not be refunded but an equivalent amount of days will be added to the User’s subscription time as compensation. For any other instances of unavailability, no remedy will be provided, and no other form of compensation or remedy shall apply beyond the extension of the subscription time.
The Service Provider endeavours to maintain regular backups to facilitate data recovery in the event of a technical failure. However, the Service Provider is not responsible for any data loss resulting from the User’s own actions, such as data deletion, or from any other causes beyond the Service Provider’s control.
The Service Provider has the right to terminate the Service at its sole discretion. The Service Provider aims to notify the termination of the Service a reasonable time in advance.
The Service Provider shall use its reasonable efforts to repair possible software errors affecting the quality of the Service in accordance with the valid service development plan. The Service Provider does not, however, warrant that the Services would be uninterrupted or error free.
Responsibilities of the User and User Material
The materials and information and any intellectual property rights related thereto which the User uploads into the Service (“User Material”) remain the property of the User or a third party. The User Material includes images, content and email addresses that You use in issuing Your own badges in connection with the Service. The Service Provider has the right to use User Material only for the purposes of providing the Service.
The User warrants and represents that the User has the necessary rights, licenses, and permissions to use and upload the User Material to the Service. The User further warrants that the User Material does not infringe upon any intellectual property rights, privacy rights, or any other rights of any third party, and that it complies with all applicable laws and regulations.
The User agrees to indemnify, defend, and hold harmless the Service Provider from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with the User Material, including but not limited to claims that the User Material infringes the rights of any third party.
The Service Provider shall not be liable for any User Material uploaded, posted, or otherwise transmitted by the User. The Service Provider does not endorse any User Material and expressly disclaims any and all liability in connection with the User Material.
The User agrees not to use the Service in an illegal manner or in a manner otherwise violating good manner. The Service Provider is not responsible for possible violations of the Users or the End-Users.
The User shall use the Service in a manner that does not cause harm to the Service Provider, other Users, End-Users or third parties. If the Service Provider receives a notice claiming that the User has submitted infringing or otherwise offensive material, the Service Provider is entitled to remove such material, remove the User or User organisation’s environment, or prevent their use without notice.
Processing of Personal Data
When providing the Service, the Service Provider processes personal data on behalf of the User. The terms and conditions laid down in the Data Processing Agreement available on the Website (https://openbadgefactory.com/) apply to such processing.
Changes to the Service and Terms of Use and Limitation of Liability
The Service Provider reserves all rights to changes in the Terms of Use and Service’s features. The most current version of the Terms of Use can be viewed by visiting the Website. Substantial changes in the Terms of Use shall be informed on the login page of the Open Badge Factory Service. The User shall be deemed to have accepted changes when continuing the use of the Service after receiving such a notice.
The Service is provided on an “as-is” basis without warranties of any kind. The Service Provider does not warrant that the Service will function without interruptions or error-free. The Service Provider shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented on the Service nor for the content or other features of the products or services offered on or conveyed through the Service. THE SERVICE PROVIDER HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT SUCH WARRANTIES MAY BE DISCLAIMED BY MANDATORY LAW. THE SERVICE PROVIDER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE USER’S USE OF THE SERVICE.
The Service Provider shall not be liable for direct or indirect damages caused by a possible delay, a change or a loss of a service, product or material transferred through the Service. The Service Provider is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, the Service Provider disclaims any liability for direct or indirect damages caused to the User by harmful programs (virus, worms etc.) or incorrect content in
the Service, the Service Provider shall have no liability for damages caused by the User or by a third party.
The Service Provider is never liable for any indirect or unforeseeable damages caused to the User at any given circumstances. Notwithstanding the foregoing, the total aggregate liability of the Service Provider for any and all claims, whether arising in contract, tort, or otherwise, shall not exceed the total amount paid by the User for the Service in the three (3) months preceding the event giving rise to the claim.
The User shall be liable and agree to indemnify, defend and hold the Service Provider harmless from and against all damages, costs, expenses and liabilities which are caused by the User or its unlawful behaviour or infringement of these Terms of Use or its violation of any rights of a third party through use of the Service or content related thereto.
Term and Termination
The term of the Service is selected by the User from the available alternatives on the Website in connection with the purchase of the Service and acceptance of these Terms of Use. The minimum subscription period is one year.
Subscriptions are not renewed automatically. One month before a subscription expires, the User will be informed by email that the subscription needs to be renewed. This information is also displayed in the User’s environment dashboard. If the subscription is not renewed before the expiration of the subscription time, the term of the Service will automatically end without further notice.
The Service Provider has the right to terminate the Service in whole or partially at its sole discretion. The Service Provider aims to notify the User a reasonable time in advance about the termination of the Service. In addition, the Service Provider shall have the right to terminate or suspend the Service immediately if the User has failed to make a payment for the successive term or if the User violates these Terms of Use.
The User is entitled to stop using the Service and to delete the User’s environment at any time. Prior to deletion, the User may export its account data directly from the Service. By default, account deletion does not affect data necessary for the hosting of badges previously issued under a paid subscription. However, the User may choose to revoke all issued badges, in which case the associated data used solely for hosting purposes shall also be deleted. The User acknowledges that revoking issued badges will permanently invalidate them, meaning that badge recipients will no longer be able to access, display or verify their badges.
When the term expires or if the Service is suspended or terminated for whatever reason, the Service Provider shall not return any payments made to the User.
Retention Period Following License Expiry
Upon expiry of the User’s license for whatever reason, the User’s account and all its content shall be retained for a period of six (6) months (“Retention Period”). During the Retention Period, the User retains access to its account and may export its data at any time. One (1) month before the end of the Retention Period, the Service Provider shall notify the User of the forthcoming deletion of its account and data. However, any failure to send or receive such notification shall not affect the Retention Period or, in particular, the deletion of the data, account content and issued badges upon its expiry.
Upon expiry of the Retention Period, all data, account content and issued badges shall be permanently deleted and automatically revoked without further notice, except for data necessary for the hosting of badges issued under a paid license. Badges issued under a paid license will be hosted by the Service Provider free of charge for as long as the Service is provided, unless the User chooses to revoke them as described above in the Term and termination section.
The above provisions regarding the Retention Period applies also in cases where the User has registered a trial account and has not purchased a subscription within the Free Trial Period.
However, badges issued under a trial account that has not been converted into a paid subscription within the Free Trial Period or before the end of the Retention period will not be hosted following the deletion of the trial account. Badges will permanently be invalidated, meaning that badge recipients will no longer be able to access, display or verify their badges Once the Retention Period has expired and the data has been deleted, the Service Provider will not return or restore any such data to the User.
Applicable Law and Settlement of Disputes
These Terms of Use and the contractual relation related thereto shall be governed by the laws of Finland without regard to its choice of law provisions. Disputes arising out of these Terms of Use or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, any dispute, controversy or claim arising out of or relating to this contract, 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 seat of arbitration shall be Helsinki, Finland and the language of the arbitration shall be English.
If you have any questions regarding these Terms of Use, please contact us via our contact form.
