By using Nosto you agree to be bound by the following terms and conditions.
Nosto is a cloud service intended for use in online web shops. Nosto collects and analyzes client online behaviour and makes it possible to calculate and automatically represent different types of intelligent product recommendations and other marketing automation functionalities. You can find a more comprehensive description of Nosto and its features at www.nosto.com.
Unless otherwise agreed in writing, you may use Nosto solely in connection with, and for the purposes of your Online Store. You may represent and allow access to the displays generated with Nosto on your Online Store only. Creating hyperlinks to the displays generated with Nosto from a website other than your Online Store’s web site is specifically prohibited.
Nosto is protected by copyright, trademark, trade secrets and other intellectual property rights of Nosto is protected by copyright, trademark, trade secrets and other intellectual property rights of Nosto Solutions Ltd.
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 Nosto on your Online Store.
Using Nosto is subject to the fees set out in our price list current at the time, available at www.nosto.com/payment-terms/. We may change the price list from time to time.
6. INFORMATION THAT WE COLLECT; PRIVACY
When you use Nosto, 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 consumer customers 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 and your customer reference number of your Online Store’s registered customer. We will collect the information sent by you and the information seen when the Online Store’s customer 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 Nosto is strictly forbidden.
We may use the information collected and created through Nosto for our own business purposes provided, however that such information is made anonymous in a manner that the information is not identifiable to any person or to your Online Store.
We store and process the information we have collected on computers/servers located in the USA or EU/ETA or in such countries which the Commission of European Union has determined to ensure adequate protection of personal data. We will not move personal data from these countries without notifying you, unless required to comply with the law or requests of governmental entities. Should we transfer personal data to our third party service providers located in the USA we mainly transfer personal data to them based on the Data Processing Agreements which incorporate the Standard Contractual Clauses 2010/87/EU (often referred to as “Model Clauses). We have implemented technical and organisational precautions to protect the security and integrity of personal data processed by us. By using Nosto, you give us the consent to store, process and transfer your information (including your Online Store customers’ personal information, if any) outside of your country of residence within the countries referred to above. If you object to such information (if any) being transferred or used in this way please do not use Nosto.
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.
7. LIMITED WARRANTY
We, our officers, directors, employees and our suppliers provide Nosto on reasonable effort basis. While we endeavor to ensure that Nosto is available at all times, we make no warranty that Nosto will meet your requirements, or that Nosto will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to the results that may be obtained from Nosto or as to the accuracy or reliability of any information obtained through Nosto. We warrant that in the event that Nosto 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 Nosto.
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 NOSTO, TO THE GREATEST EXTENT PERMITTED BY LAW.
8. LIABILITY LIMITATION
In no event shall we be liable (whether in contract, tort (including negligence) or otherwise) 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.
10. DISPUTE RESOLUTION AND GOVERNING LAW
To view the Price List and Payment Terms, please click here.