Welcome to the Ofvigo Predictive Modelling and Scoring Services site (hereinafter referred to as the "Site").
PLEASE READ THESE TERMS OF USE (HEREINAFTER REFERRED TO AS THE “TERMS OF USE” CAREFULLY. BY ACCESSING AND/OR USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. OFVIGO RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THIS SITE AFTER ANY SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF USE. SUCH BEING THE CASE, PLEASE REVIEW THESE TERMS OF USE PERIODICALLY AND CHECK THE VERSION DATE FOR CHANGES.
In addition, when you the “User” use any current or future Ofvigo service or business, you will also be subject to the special terms and conditions (“Terms”) applicable to such service or business as attached from time to time by Ofvigo at its sole discretion. In the event of a discrepancy between the terms and conditions of this Site i.e. Terms of Use and the Terms, the Terms shall prevail.
Ofvigo Oy (hereinafter referred also to as “Ofvigo”), having its principal office at Neulaspolku 1 D 40, 02110 Espoo, Finland, provides you with access to this Site and the services available on this Site in accordance with these Terms of Use.
As a User you may use Ofvigo’s predictive analytics service (“Service”) included in this Site subject to these Terms of Use and special terms and conditions attached to such a service by Ofvigo against the then current fees and prices as presented from time to time by Ofvigo. Such being the case, it is expressly understood and agreed by you that the Service is provided as payable by you to Ofvigo. In this service you may upload data, suitable for, and used in the building and scoring of predictive models and download the results of the model building and/or scoring.
Ofvigo reserves the right at its sole discretion to modify and/or discontinue this Site including, but not limited to the Service included thereof and/or a portion and/or attribute thereof, and/or the offering of any information, good, content, product and/or service with or without notice. Ofvigo shall not be liable to you and/or any third party should Ofvigo exercise its right to modify and/or discontinue the Site, including, but not limited to, the Service included thereof and/or part of it.
Quoted prices for the Service or other services, unless otherwise stated, are exclusive of all taxes, levies or duties imposed by the taxing authorities, and the User shall be responsible for payment of such taxes, levies or duties except for the value added tax (VAT) when applicable. VAT shall be automatically added to prices unless a valid VAT number is provided in conjunction with the registration of an account as required by law and relevant EU directive(s) and when the User is a:
An invoice will be created by Ofvigo or the User, and payment by electronic bank transfer or credit card must follow in a timely manner, as defined by Ofvigo. As a general rule all payments are non-refundable. No refunds are available for partial months of a subscription or months of inactivity or partial use of the Service, except in cases where the availability of the Service has been significantly restricted for reasons solely attributable to Ofvigo. In such cases Ofvigo has the discretion to offer a refund to the User.
Payment may be completed with electronic bank transfer for accounts located in a country belonging to the Single Euro Payments Area (SEPA) according to the rules and conditions created to govern this payment process. The User is responsible for any banking charges they incur from their bank for processing an electronic bank transfer to pay for the Service. Payment may be completed with credit card, and shall be handled through a credible third party credit card processing company to be determined at Ofvigo’s discretion. Credit card information required to process the payment(s) shall be retained only by the credit card processing company. Ofvigo shall keep no records of credit card information. The User is responsible for all fees incurred from their credit card company in relation to payment for the Service. If payment is not received, as a result of non-payment or payment error, Ofvigo may deem it necessary to collect accrued interest on the payment and terminate the Service. Under these circumstances, the User may be required to pay penalty fees in addition to full payment of the total subscription balance for the Service. Reopening a terminated Service may be arranged after payment in full has been received.
For the use of the service of this Site you, however, may need to create a personal, non-transferrable user account and accept these Terms of Use relating to your use of this Site. You must register and supply all of the requested information correctly. The requested information must also be accurate and current at all times. You need to select a user name and password, for the secure retention and use of which you shall be personally responsible. You shall be responsible for all actions performed using your user account. You shall be required to notify Ofvigo immediately in the event of any loss of your user name and/or password, and/or if these come to the knowledge of any third party, and of all unauthorized use of your user account. Ofvigo shall not be liable for any cost and/or damage that may arise from misuse of your user account and/or password.
You are solely responsible for any and all material, profiles, notes, text, datasets and other information that you post/upload or use on and/or through the Site, including, but not limited to, the service on the Site (all together the “User Data”). Such being the case, you expressly represent and warrant that you have the right to post the User Data and use it in accordance with these Terms of Use. Such being the case, you are also aware and accept that you are obligated to defend, indemnify and hold Ofvigo harmless against any claims relating to the User Data (see more precisely Indemnity obligations below).
You may not post and/or use the User Data on the Site that you do not have permission to post. You understand and agree that Ofvigo may, but is not obligated to, review the Site and may delete and/or remove (with or without notice) any User Data in its sole discretion, for any reason, including User Data that in the sole judgment of Ofvigo violates these Terms of Use and/or which otherwise might be offensive, illegal, and/or that might violate the rights, harm, and/or threaten the safety of other users and/or other third parties. You are solely responsible at your sole cost and expense for creating backup copies, replacing and deleting any User Data you post on the Site and/or provide to Ofvigo.
When you post/upload and/or use the User Data on the Site you authorize Ofvigo to use and copy such User Data as it is necessary for the purpose of the service included on this Site for which the User Data is post/upload and/or use by you.
In addition, you expressly agree not to post and/or use any User Data, which: (i) is unlawful, violent, defamatory, harassing, threatening, vulgar, obscene, pornographic, and/or otherwise indecent; (ii) is libelous, abusive and/or tortuous that may do harm to a third party and/or other users of the Site; (iii) may violate any local and/or international laws, regulations and/or conventions and/or result in serious threat to public security; (iv) infringes and/or rather violates any intellectual property rights of any third party; (v) reveals the personal information of any third party (including phone numbers, real names and email addresses); (vi) is any kind of advertisements and/or is for commercial purpose; (vii) contains viruses, software and/or program alike that may lead to the damage of the whole Community; and/or (viii) contains excessively coarse language.
All title and copyright and other intellectual property rights to the design, files, text, materials graphics, images, pictures, photos, sound files and/or all other information shall belong to Ofvigo and/or its licensors (all together the “Materials”). However, all copyright and other intellectual property rights to the User Data shall belong to its respective owner provided, however, that they are not against Ofvigo’s copyright and other intellectual property rights.
Subject to the full payment of the fees and prices presented by Ofvigo, Ofvigo grants you a limited, non-sublicensable right to access this Site, use the services included in this Site and print the Materials for your personal use only. Ofvigo reserve the right, without notice and in Ofvigo’s sole discretion, to terminate your license to use the Site, and to block and/or prevent your future access to and use of the Site. However, your herein mentioned license grant does NOT include the right for you to: (i) publish, publicly perform and/or display, and/or distribute to any third party any Materials, including, but not limited to, reproduction on any computer network and/or broadcast or publications media; (ii) market, sell and/or make commercial use of the Site and/or any Materials; (iii) systematically collect and make use of any data and/or content including the use of any data spiders, robots, and/or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Site and/or the Materials; and/or (v) use, frame and/or utilize framing techniques to enclose any portion of this Site (including, but not limited to, the images found at this Site and/or any text or the layout/design of any page and/or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right and/or license by implication, estoppel, and/or otherwise in or under any patent, trademark, copyright, and/or proprietary right of Ofvigo and/or any third party. Any unauthorized use of this Site will terminate the permission and/or license granted by these Terms of Use and may violate applicable law including, but not limited to, copyright and trademark laws, regulations and conventions.
ANY RIGHTS THAT ARE NOT EXPRESSLY GRANTED ARE RESERVED.
Ofvigo logo is trademark of Ofvigo. All other names and/or logos mentioned on this Site are either trademarks, service marks or registered trademarks of Ofvigo and/or its licensors, and may not be copied, imitated and/or used, in whole or in part, without Ofvigo’s prior written permission and/or that of Ofvigo’s licensors.
You agree to defend, indemnify and hold Ofvigo harmless from and against any and all claims, liabilities, damages, losses and/or expenses, including, but not limited to, attorneys’ fees and costs, (all together the “Claims”) arising out of and/or in any way connected with your access to and/or use of the Site, Materials and/or your User Data to the extend requested by Ofvigo at its sole discretion.
THIS SITE, THE MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS AND/OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, MATERIALS AND/OR DATA AND/OR OUTPUT DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM AND/OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. OFVIGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, OUTPUT AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
IN NO EVENT SHALL OFVIGO AND/OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, AND/OR THIRD PARTY DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, AND/OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EQUITY AND/OR OTHERWISE, ARISING OUT OF AND/OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION, OFVIGO AND/OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, AND/OR THIRD PARTY DATA PROVIDERS SHALL NOT BE RESPONSIBLE AND/OR LIABLE FOR THE USER DATA AND OFVIGO AND/OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, AND/OR THIRD PARTY DATA PROVIDERS SHALL NOT BE ABLE TO AND SHALL NOT GUARANTEE THAT THE USER DATA WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS AND/OR OTHER OBLIGATIONS THAT OFVIGO REQUIRES. IF YOU DECIDE TO USE AND/OR ACCESS THE USER DATA, YOU DO SO AT YOUR OWN RISK.
Ofvigo’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms of Use or portion thereof is rendered invalid and/or unenforceable, the remainder of these Terms of Use will remain in full force and effect and will be enforced to the maximum extent permissible so as to affect the intent of the parties. A court will substitute and/or rewrite any invalid and/or unenforceable term or condition to make such term or condition valid and enforceable. All communications and notices to be made or given pursuant to these Terms of Use and/or this Site will be in the English language. Any notice required to be given to Ofvigo should be in writing and sent to its registered office at Neulaspolku 1 D 40, 02110 Espoo, Finland marked for the attention of Adrian Flanagan. Any notice to be given to you should be sent by email to the email address provided by you. You consent to receive communications and notices from Ofvigo at the email address you provide in registering for the Site as amended by you. These Terms of Use constitute the entire agreement and supersede any prior agreement between Ofvigo and you regarding your use of the Site.
You agree that all claims and disputes between Ofvigo and you that arise out of or relate in any way to these Terms of Use and/or your use of this Site will be governed by the laws of Finland, without regard to the principles governing conflicts of any jurisdiction. You agree that you will bring any claims and/or disputes that you submit to the exclusive jurisdiction of, the district court of Helsinki, Finland (“Helsingin käräjäoikeus” in Finnish) as the first instance. If you are, however, a User who is a consumer in Finland you may, however, submit the claims and/or disputes to the general court of first instance holding jurisdiction in the district where you are domiciled provided, however, that you are domiciled in Finland. You as a User who is a consumer in Finland shall also be entitled to seek a recommended resolution to the dispute from the Finnish Consumer Complaint Board (“kuluttajavalituslautakunta” in Finnish).
You hereby accept that any personal data provided by you through this Site may be processed by Ofvigo in the manner permitted by personal data legislation. In addition, personal data provided by you through this Site may also be processed by Ofvigo‘s third party partner(s) in the manner permitted by personal data legislation. Your personal data is recorded in the relevant Ofvigo‘s and/or Ofvigo‘s third party partner’s(s’) person register(s). The personal data in the person register are used for purpose(s) mentioned in the relevant personal file description. PLEASE READ THE PERSONAL FILE DESCRIPTION AND PRIVACY STATEMENT YOU EXCPLICITLY AGREE TO COMPLY WITH THE PERSONAL FILE DESCRIPTION AND PRIVACY STATEMENT RELATING TO PROVIDING YOUR PERSONAL DATA TO OFVIGO AND/OR OFVIGO’S THRID PARTY PARTNER(S).
Please review our Privacy Policy, which also governs your visit to and use of this Site, to understand our practices.
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