Thanks for using Nosto. On this page you can find our Terms and Conditions.
2. THE SERVICE
2.1 The Service is a cloud service intended for use in online web shops. The Service collects and analyzes an 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.
2.2 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 meet the customer’s expectation and requirements.
2.3 Nosto may provide use assistance to the customer upon request. If required, the customer must allow Nosto to access 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 the customer’s recommendation templates, marketing campaigns, customer online store and other settings based on mutually agreed instructions.
2.4 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 the Service on your Online Store only. Creating hyperlinks to the displays generated with the Service from a website other than your Online Store’s web site is 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 forbidden.
2.5 Nosto is a constantly developing the Service. Therefore, we may amend features of the Service by removing, modifying or adding existing or new features without giving you a notice. We will, however, endeavour to inform you of any material changes in the Service by posting a notice at www.nosto.com.
4. YOUR ONLINE STORE
4.1 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. Kindly note that our minimum monthly fee is in all cases 99 EUR/USD.
6. RIGHT TO USE AND PROPRIETARY RIGHTS
6.4 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. CUSTOMER DATA
7.1 When you use the Service, our servers (which may be hosted by a third party service provider, such as Amazon Web Services) 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 with respect to such personal data.
7.2 For more information on our data collection practices of your personal data and the end users of your Online Store, please review our Data Processing Addendum at www.nosto.com/terms/dpa/. We may update the Data Processing Addendum 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. If you do not agree with such update you should immediately discontinue using the Service and contact us at firstname.lastname@example.org. In such cases the general termination provisions provided for in clause 12 apply.
8. LIMITED WARRANTY
8.1 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.
8.2 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.
8.3 The customer acknowledges that the use of the Service might be dependent on a social media channel (for example such as Facebook) in which the 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 acts 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 willful misconduct.
11. DISPUTE RESOLUTION AND GOVERNING LAW
11.1 Our goal is to make you happy by providing the Service for improving your online sales. In the event a dispute arises between you and us, please email us at email@example.com, and we will work quickly towards a solution.
12. TERM AND TERMINATION
12.1 If you are entering into an Order Form or other similar document, the applicable termination provision are stipulated in that Order Form or document. In case of Incubator plans only, where a separate Order Form is not executed, a party may terminate the Service at any time upon 30-day prior written notice to the other Party. Customer’s written termination notice shall be sent to firstname.lastname@example.org . Nosto’s written termination notice shall be sent to the email address you have provided upon registration.
12.2 Furthermore, the non-breaching party may terminate the Service with immediate effect by a written notice in case the other party commits a material breach of the Agreement and fails to remedy the same within fourteen (14) days after receipt of a written demand from the non-breaching party to cure the breach.
12.3 Upon termination, all fees payable to Nosto will become immediately due and payable and your right to use the Service ceases and we will remove your account.