2. THE SERVICE
The Service is a cloud service intended for use in online web shops. The Service collects and analyzes end user’s online behaviour and makes it possible to calculate and automatically represent different types of intelligent product recommendations, create, manage and optimize advertising campaigns on social media channels and other marketing automation functionalities. You can find a more comprehensive description of the Service and its features at www.nosto.com, as amended from time to time.
The Service is designed to help the customer increase their sales but the Customer remains responsible for how the Service is used and for achieving the intended goals and results. It is the responsibility of the customer to ensure that the output and results of the Service meets customer’s expectation and requirements.
Nosto may provide use assistance to the customer upon request. If required, the customer must allow Nosto access to the necessary information and facilities, and, to the best of its ability, also otherwise contribute to the delivery of the Service. If requested by the customer, Nosto officials can modify customer’s recommendation templates, marketing campaigns, Customer online store and other settings based on mutually agreed instructions.
Unless otherwise agreed in writing, you may use the Service solely in connection with, and for the purposes of your Online Store. You may represent and allow access to the displays generated with Service on your Online Store only. Creating hyperlinks to the displays generated with Service from a website other than your Online Store’s web site is specifically prohibited. Any modifications to Nosto scripts, plugins or other parts of Service in an attempt to misuse or abuse the Service and/or bypass the obligation to pay Nosto fees for services rendered is strictly forbidden.
4. YOUR ONLINE STORE
You are solely responsible for your Online Store and your conduct and any data, text, links, information, image and/or any other material (“Content”) that you choose to display through the Service on your Online Store.
Using the Service and Additional Services is subject to the fees set out in our price list current at the time, available at www.nosto.com. We may change the price list from time to time. The available payment methods are described at www.nosto.com.
6. RIGHT TO USE AND PROPRIETARY RIGHTS
Subject to Nosto’s confirmation of your registration, Nosto grants you a non-exclusive, non- transferable limited right to access and use the Service and Nosto Software, against due
Customer shall not i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or Nosto Software in any form or media or by any means; ii) attempt to circumvent or modify the Service in order to avoid the obligations set forth in section 5; iii) use the Service for unlawful purposes or against the terms and policies applicable to any social media channels (for example such as Facebook) in which the advertising campaigns are conducted; iv) access all or any part of the Service in order to build a product or service which competes with the Service; v) attempt to obtain, or assist third parties in obtaining, unauthorised access to the Service; vi) license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise make the Service available to any unauthorised third party; or vii) reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the Service (except and only to the extent any foregoing restriction is prohibited by applicable law).
In case the customer comments the Service or provides suggestions for improving the Service, the customer agrees that all such comments, suggestions and ideas thereof will be fully assigned to Nosto and hence Nosto shall own all rights to use and incorporate them into the Service.
7. INFORMATION THAT WE COLLECT; PRIVACY
When you use the Service, our servers (which may be hosted by a third party service provider) collect information automatically from your Online Store.
We will act as the data controller with respect of the personal data we may have collected from you during registration or provision of support services, if any. To the extent we collect any personal data of end users of your Online Store, we will act as your data processor in respect of such personal data. You may send us the following personal data only: first name, last name, email address, phone number, zip code, country code and the reference number of your Online Store’s end user. We will collect the personal data sent by you and the information seen when the Online Store’s end user uses your Online Store and connects to our servers, including but not limited to: online store browsing and purchasing activities (such as browsed products and pages visited), IP-address and browser-agent. Sending or storing any other personal data in the Service is strictly forbidden. By using the Service, you represent and warrant that you have informed and obtained necessary consents from the end user of your Online Store needed for the processing of their personal data. For more information on our data collection practices of the end users of your Online Store, please review our data processing policy (“Data Processing Policy”) at my.nosto.com. We may update the Data Processing Policy from time to time, and by continuing to use the Service after Nosto posting of a modification at my.nosto.com, you accept the modification.
We may use the information collected and created through the Service for our own business purposes provided, however that such information is made anonymous in a manner that the information is not identifiable to any individual person or to your Online Store.
You may request us to remove the personal data processed by us. We remove the requested personal data within reasonable time from the request unless we have statutory obligation to store such data.
8. LIMITED WARRANTY
We, our officers, directors, employees and our suppliers provide the Service on reasonable effort basis. While we endeavour to ensure that the Service is available at all times, we make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to the results that may be obtained from the Service or as to the accuracy or reliability of any information obtained through the Service. We warrant that in the event that the Service is not available or that there are errors in its operation we will use every reasonable effort to remedy the event. This is your sole remedy in the event of interruption or errors in the Service.
THERE ARE NO OTHER WARRANTIES THAN WHAT IS EXPRESSLY STATED IN THIS SECTION AND WE DO NOT MAKE ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, TO THE GREATEST EXTENT PERMITTED BY LAW.
The customer acknowledges that the use of the Service might be dependent on social media channel (for example such as Facebook) in which customer’s advertising campaigns are carried out and that the actions of the customer and third party data providers may also affect the use of the Service. Nosto does not accept any liability for the operation and function of any third party products and services or actions or omissions of any third party including but not limited to the third party data providers, customer or social media channel or any third parties who operate in such a social media channel in which customer’s advertising campaigns are carried out. Furthermore, Nosto does not accept any liability for the use of the Service contrary to the Facebook or other social media channel terms and policies.
9. LIABILITY LIMITATION
The aggregate total liability of Nosto towards you in respect of any cause of action relating to or arising out of the Service is at all times limited to the fees and expenses paid by you to us hereunder during the three (3) months immediately before the date on which the cause of loss or damage giving rise to the claim arose.
In no event shall Nosto be liable for any loss of production, loss of or corruption to software or data, loss of profits or of contracts, loss of business or of revenues, loss of operation time, loss of goodwill or reputation, whether caused directly or indirectly, or for any indirect, incidental, punitive or consequential loss, damage, cost or expense whatsoever. The aforesaid limitations do not apply to loss or damage arising out of gross negligence or intentional misconduct.
11. DISPUTE RESOLUTION AND GOVERNING LAW