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General information about the use of Open Badge Factory service
The Open Badge Factory service (later referred to as Service) is offered by Open Badge Factory Ltd. (later referred to as Service Provider). The Service delivered by the Service Provider consists of a cloud based platform to create, issue and manage Open Badges. The Terms of Use apply to the users of the Service (later referred to as User(s)). User refers to two user levels: 1) customer organisation, which has an environment in the Service and 2) admin Users of the environment. Furthermore, end-users may be created in the Service by the admin User.
By using the Open Badge Factory service, the User accepts these Terms of Use and the Data Processing Agreement, and the Privacy Notice (as Annex).
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 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 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 it attempts to circumvent any technical protection measures used in connection with the Service or if the User otherwise uses the Service in breach these Terms of Use.
The User promises that the information the User provides or provided in connection with registration to, and use of the Service is true and accurate. 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, the User ID requires valid email address of the User for generating the username.
The User must keep the password required for the use of the Service secret and not disclose it to anyone else. User may not assign or transfer its User ID to a third party and may not allow a third party use the Service with its User ID. If a third party has obtained 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 User´s access to the Service without prior notice if the User violates these Terms of Use. The Service Provider is entitled to prevent access to the Service if it has reason to believe that the User is engaged in illegal activity or compromise other Users’ or Service Provider´s data security or privacy or if the Service Provider receives a notice that User´s password has gotten into the hands of a third party.
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.
User categories, pricing and terms of payment
The Service contains different service levels. The prices of service levels in force from time to time are specified in the Service website. Service levels are provided subject to the payment of prices. User can purchase desired Service levels during or after a 60-day free trial period. If the subscription and payment are made during the trial period, the remaining days of the trial period will be added to the subscription time purchased by User. The minimum subscription period is one year.
Service levels can be upgraded anytime during a subscription period. For example, User can purchase a one-year subscription for Basic Service level and upgrade the Service level to Premium few months later if needed.
Downgrading a Service level is only possible after the current subscription period has expired. If there are more than 2 badges in the environment, User will have to select the badges he/she wish to preserve and delete the rest of the badges when downgrading to Free Service level. Similarly, when User has more than 10 badges and downgrades from an upper service level to Basic Service level. The badges that have been deleted will not be restorable even if User later upgrades his/her Service level back to an upper 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. Accepted payment methods are specified in the Service web site. 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 Service Provider or User is compelled to make any such deduction, User will pay to Service Provider such additional amounts as are necessary to ensure receipt by Service Provider of the full amount which 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 merchant. 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
Netbanks
Paytrail Oyj (FI2122839) provides netbank related payment transfer services in co-operation with Finnish banks and credit institutions. For consumer the service works exactly the same way as traditional web payments.
Ownership and 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 rights by using the Service or for example by downloading material from or submitting material to the Service. Unless expressly authorized by mandatory legislation, Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent of the Service Provider. All rights not expressly granted to the User herein are reserved by the Service Provider.
The materials and information and any Intellectual Property Rights related thereto which the User inserts into the Service (User Material) remain the property of the User or a third party.
Responsibilities of the Service Provider
The Service Provider is responsible for 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 service on the login page of the Service. If Service is not available for Use for more than two (2) consecutive days, subscription fee or any part of it shall not be refunded but equivalent amount of days will be added to User’s subscription time as compensation. However, the Service Provider reserves the right to perform small updates without informing about it in advance. A back-up of the service content is made once a day. The back-up is made in case the service content needs to be restored due to, for example, a technical problem. However, end-user’s content is not restored, if it accidentally deletes its content. The Service provider has the right to terminate the Service at its sole discretion. The Service Provider aims to notify a reasonable time in advance about the termination of the Service.
The Service Provider is committed to repairing possible software faults affecting the quality of the Service according to the valid product development plan.
Use of Service and links
It is the responsibility of the User of the Service to make sure that he/she has the right to use the images, content and email addresses that he/she uses in issuing his/her own badges. User agrees not to use the Service in a manner or otherwise submit any material that violates any Intellectual Property Rights, privacy, publicity or any other rights of others; or would be illegal or violate good manner. The Service Provider is not responsible for possible violations of the Users.
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 afore described material, The Service Provider is entitled to remove such material, the User or User organisation’s environment or prevent their use without notice.
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.
Provision of the Service and changes to Terms of Use
The Service Provider reserves all rights to changes in the Service’s Terms of Use and features. The most current version of Terms of Use can be viewed by visiting Service website. Substantial changes in the Terms of Use shall be informed about on the login page of the Open Badge Factory. User´s continued use of the Service after such notice shall be deemed an acceptance of any changes.
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 FULL EXTENT SUCH WARRANTIES MAY BE DISCLAIMED BY 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 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 bears 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.
User shall be liable and agree to indemnify 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 Use of the Service subject to a charge is as selected by the User from the available alternatives in connection with the purchase of the Service and acceptance of these Terms of Use. Subscriptions are not renewed automatically. One month before a subscription expires, admin User will be informed by email that his/her subscription needs to be renewed. This information is also displayed in the User environment’s dashboard. If the subscription is not renewed before the expiration of the subscription time, the environment will be automatically downgraded to Free Service level.
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.
User is entitled to stop using the Service and to delete their environment at any time. In this case, all content is deleted once and for all, but the badges issued before the deletion of the environment will be hosted for free as long as the service is provided.
When the term expires or if the Service is suspended or terminated for whatsoever reason, the Service Provider shall not return to the User any payments made.
Applicable law and settlement of disputes
These Terms of use and the contractual relation related thereto shall be governed by the Laws of Finland. 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, the dispute shall be settled in the District Court of the City of Oulu, Finland as the first instance.
If you have questions regarding these Terms of Use, please contact the Service Provider contact@openbadgefactory.com.