1. ACCEPTANCE

These terms and conditions (Terms of Use) govern your use of Nosto on your online store (Online Store). They apply to the service made available on www.nosto.com and to any other service via which Nosto is made available or can be used, such as, but not limited to, Nosto control panel and scripts that are installed in your online store logistics (Nosto Software). In these Terms of Use www.nosto.com and Nosto Software are together referred to as Nosto. Nosto is provided by Nosto Solutions Ltd a Finnish limited liability company with a Finnish business identity code 2418911-9.

By using Nosto you agree to be bound by the following terms and conditions.

This Terms of Use agreement is a legal agreement between us and you. By accessing or using Nosto you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Please read these Terms of Use carefully because it governs your use of Nosto. We may update and modify these Terms of Use from time to time, and by continuing to use Nosto after posting of a modification, you accept the modification. If you do not agree with these Terms of Use you should immediately discontinue using Nosto and you are entitled to terminate these Terms of Use as provided in clause 11.

2. NOSTO

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 a constantly developing service. Therefore, we may amend the features of Nosto by removing, modifying or adding existing and new features without giving you a notice. We will, however, endeavour to inform you of material changes in Nosto by posting a notice at www.nosto.com. If you are unhappy with the changes in Nosto, you can at any time cease to use Nosto, and/or terminate these Terms of Use by emailing us a written notice of termination, as explained below.

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.

3. REGISTRATION

The use of Nosto requires registration on www.nosto.com and installation of a javascript on your Online Store logistics. Please follow the instructions given at www.nosto.com.

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.

You may not use Nosto for any illegal or unauthorized purpose. You agree to comply with all local laws regarding your Online Store, in particular the laws and regulations regarding data privacy and handling of personal data. You are responsible, where required, for informing your customers of our activities and obtaining your customers’ consent to us for storing and handling the personal data collected on your Online Store in accordance with these Terms of Use and, where applicable, for sending marketing messages to your Online Store customers.

We may, but have no obligation to, suspend or terminate your use of Nosto if we determine in our sole discretion that the Content or your Online Store is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates these Terms of Use.

By accepting these Terms of Use, you represent that you have the authority to bind the entity you represent to these Terms of Use.

5. FEES

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.

Functionality of an online store always requires cookies, if not for other purpose, but at least for shopping cart functionality. Nosto should not be confused with other online store functions or cookies, as Nosto is technically separate service and is not involved with the online store’s core functionality, e.g orders, payments, deliveries. However, we use and send cookies to the browser of your Online Store visitors, with the following functions: (i) visit in store and (ii) visit history (cart restore and product browsing information). Your visitors can prevent the use of cookies, but then all features of Nosto, or your Online store cannot be used. Also javascript needs to be enabled.

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

Our liability for a breach in connection with Nosto and/or these Terms of Use (whether in contract, tort, including (without limitation) negligence or otherwise) shall except in cases of wilful, misconduct or gross negligence be limited to exclude any indirect, incidental or consequential loss or damage as specified in clause below and the aggregate liability of us shall be limited to the aggregate of 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 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.

9. INDEMNITY

You agree to indemnify and hold us (and our subsidiaries, officers, directors, employees or partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

10. DISPUTE RESOLUTION AND GOVERNING LAW

Our goal is to make you happy by providing a service for improving your online sales. In the event a dispute arises between you and us, please email us at support@nosto.com, and we will work quickly towards a solution. Should we not be able to solve such a dispute amicably in due course, such dispute, controversy or claim arising out of or relating to these Terms of Use or the breach, termination or invalidity thereof shall be settled by a single arbitrator in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration shall be held in Helsinki, Finland, and the arbitration proceedings shall be conducted in the English language. These Terms of Use shall be subject to the laws of Finland, excluding its choice of law provisions.

11. TERMINATION

You can terminate these Terms of Use at any time by 14 day prior notice by sending an email to support@nosto.com. We can terminate these Terms of Use at any time by 30 day notice by sending an email to the email address you have given upon registration. Upon termination your right to use Nosto ceases and we will remove your account. We will not return the information we have collected and we may continue to use it in accordance with these Terms of Use.

We can terminate these Terms of Use and/or suspend your use of Nosto also if your payment is delayed or refused by your credit card company.

To view the Price List and Payment Terms, please click here.

To view the Terms of Use for Nosto Facebook Ads, please click here.

To view the Terms of Use for Nosto Email Widgets, please click here.