TERMS OF SERVICE
ACCEPTANCE OF SERVICE
Thanks for using eqTAG Field Service Software! These eqTAG Terms of Service (these “Terms”) describe your rights and responsibilities as a customer. By using a Service, you agree these Terms of Service or, by continuing to use the Services after being notified of a change to these Terms.
eqTAG may change these Terms of Service with prior notice to you of at least 30 (thirty) days. You can review the most current version of this Terms at any time at https://eqtag.com. The revised Terms will become effective upon posting, and if you use the Service after that date, we will treat your use as acceptance of the revised Terms. If any change to this Terms is not acceptable to you, your only remedy is to stop accessing and using the Service.
1. Contract Partner and Service.
Contract partners in this agreement are eqTAG Oy, located at Elannontie 3, 01510 Vantaa (Finland), and its subsidiaries or affiliates involved in providing the Service. eqTAG Oy hereinafter is also referred to as “eqTAG, we”, “us” or “our”. The term “you ” shall mean you as natural person or the entity you represent. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. Services means the services eqTAG makes available through this website, sub websites or Add-Ons, and any other software, hardware, or services offered by eqTAG in connection with any of these. Any new features added to the Service also subject to these Terms.
2. Your privacy.
3. Use of the Service
3.1 Use of Service. You shall use the Service in conformity with the agreement and in accordance with the laws and other regulations of the country of use, including any limitations arising from intellectual property rights in force therein. You may access and use the Service only for your internal business purposes as contemplated by the Agreement.
3.2. Rights. You and any third parties acting on your behalf shall have the right to use the Service solely for your internal business purposes during the term of the agreement. The right to use the Service ends on the date of expiry or termination of the agreement.
3.3. Restrictions. Except as otherwise expressly permitted in these Terms, you shall not (and you shall not permit anyone else to): (a) rent, lease, distribute, sell, license, sub license, transfer, time shares or provide access to the service to a third party (b) copy, modify, reverse engineer, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas or algorithms. All property rights to the Service and its components will belong exclusively to eqTAG.
3.4. Credentials. You must require that all your end users keep their user IDs and passwords for the Service strictly confidential and do not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using end user accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.
4. Your data
4.1. Your data is yours. We don’t claim ownership of your content. Your content remains your content and you are responsible for it.
4.2. Your data compliance obligations. You shall be solely responsible for your data does not infringe third party rights or violate any legislation in force at the time.
4.3. Using your data to provide Service to you. You retain all right, title and interest in and to your data in the form submitted to the eqTAG Field Service System. Subject to these Terms, and solely to the extent necessary to provide the Service to you, you grant us the right to access any or all your accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data.
We will not disclose your data except if compelled by law, if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms or if permitted by you.
If we believe that there is a violation of the Contract, User Terms, we will, in most cases, ask you to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if you do not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties.
You may request eqTAG to deliver all your data within 30 days of your written request in an electronic format commonly in use.
5. Service Availability.
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages. In the event of an outage or disruption to the Service we open the Service as soon as possible. If the content and service level of the Service have not been specified, the Service shall include the supplier’s basic standard offering and its generally applicable service level and response times.
6. Changes to Service.
6.1. Continuos development. The Service is being developed on a continuous basis, and the content of the Service may therefore change over time. However, eqTAG shall not make permanent changes to the Service which would materially decrease its functionality or decrease its performance, unless such change is reasonably necessary to (a) prevent severe data security risk to the software service; or (b) comply with laws or regulations.
6.2. Information about the changes. We’ll inform you of the intended change before it takes effect, either through the Service login page, in an email message, or through other reasonable means. We’ll provide you the opportunity to cancel the Services at least 30 days before the change becomes effective. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Service.
7. Payment Terms, Refund and Termination of Service.
7.1. Monthly and Annual Plans. Except for No-Charge Services, all Services are offered either on a monthly subscription basis or an annual subscription basis.
7.2. Pay-as-you-go. The Service is made available on a pay-as-you-go basis and is charged at the start of your elected subscription term (monthly or annually). If you add users at any time we prorate the additional fee until the next billing cycle. If you purchase advanced features during the month, the pro-rated difference will be applied to your invoice. If you remove licenses, your new invoice total will be applied at the start of the next billing cycle. Payment obligations are non-cancelable and fees paid are non-refundable. For clarity, in the event you downgrade any subscription from a paid plan to a free plan, you will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term.
If we agree to invoice you by email, full payment must be received within fourteen (14) days from the invoice date.
7.3. Your billing account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the eqTAG account management. Additionally, you agree to permit eqTAG to use any updated account information regarding your selected payment method.
7.4. Billing. By providing us with a payment method, you represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate. You agree that we may bill your credit card or other payment method for renewals, additional users and unpaid fees, as applicable. Unless you cancel your subscription before your next billing date, you authorize us to charge your next period’s Service fee to your payment method. We may also bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
7.5. Recurring Payments. When you purchase the Service on a subscription basis you agree that you are authorizing recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us.
By authorizing recurring payments, you are authorizing us to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”).
7.6. Refund Policy. All purchases are final and non-refundable. If you believe that we have charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
7.7. Terminating the Services. You may cancel your Services at any time, and you will continue to have access to the Services through the end of your existing billing period.
7.8. Free use of Service. If you are using the Service less with less than three (3) users eqTAG will not charge you for the Service. If you have more than three (3) users, each user must pay per user. If these Terms change we will notice you in prior notice.
7.9. Price Changes. We may change the price of our service from time to time and if you have recurring purchase, we will inform you by email, at least 30 days before the price change. Anyhow if you have annual plan that price will remain in force for the fixed term. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If you use the Service after that date, we will treat your use as acceptance of the revised Terms.
7.10. Late Payments. In case of late payments we may suspend or cancel your Services if you fail to pay in full on time after we send you a reminder. You can avoid suspension or cancellation if you make the required payment within the appropriate time set forth in the reminder. Suspension or cancellation of the Services for non-payment could result in the loss of access to your account and its content.
8. Taxes not included.
8.1. Taxes. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”).
9. Intellectual property rights
9.1. Copyrights and trademarks
The trademarks, service marks, trade names, trade dress, logos and products used and displayed on the Site or the App belong to eqTAG. The intellectual property rights to the Service and amendments thereto shall belong to eqTAG or to a third party licencor of the eqTAG. The Service is privileged and confidential information of eqTAG. No use of any of these may be made without the prior, written authorization of us, except that you may use these trademarks or logos to identify yourself as a customer or user of the eqTAG products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them into your names or offerings. Other parties’ trademarks and service marks that may be referred to on the Site or the App are the property of their respective owners. Nothing on the Site or the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of eqTAG ‘s trademarks, service marks or copyrights without eqTAG ‘s prior written permission. eqTAG enforces its intellectual property rights.
10. Limitation of liability, Waivers
10.1. Limitation of liability.
IN NO EVENT WILL EQTAG BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS, POSSESSION, USE, MISUSE, OR INABILITY TO USE ANY OF THE DELIVERABLES, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, LOSS OF PROFITS OR REVENUE, ATTORNEYS’ FEES, DOWN-TIME COSTS, LOSS OF USE. THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT eqTAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISCLAIMERS STATED IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREUNDER FAILS IN ITS ESSENTIAL PURPOSE.
10.2. Waivers.The failure of eqTAG to exercise or enforce any right or provision of these Terms will not operate as a waiver thereof. You acknowledge that these Terms is a contract between you (or the company or legal entity you represent) and eqTAG, even though it is electronic and is not physically signed by you and eqTAG, and it governs your use of the Service and takes the place of any prior agreements between you and eqTAG.
11. Governing Law, Settlement of Disputes.
11.1. Governing Law. The Agreement shall be governed by the laws of Finland.
11.2. Settlement of Disputes. Any dispute, controversy or claim arising out of or relating to the agreement, or the breach, termination or validity thereof shall in the first place be solved by the Parties in common negotiations. If the Parties are not able to find an amicable solution within three (3) months from the first written request, then the dispute shall be finally settled in arbitration by one (1) arbitrator in accordance with the law of Finland governing such arbitration procedure in force on the date of commencement of such procedure.
If the Parties fail to agree upon the arbitrator, then such arbitrator shall be appointed by Arbitration Committee of the Central Chamber of Commerce of Finland. The arbitration shall take place in Helsinki. The language to be used in the arbitration procedure shall be English.
eqTAG may assign or transfer these Terms, in whole or in part, without restriction.