Aiforia Community Platform Service Terms

1. PARTIES AND PREAMBLE

1.1. These terms of Service (the "Service Terms"), including its annexes and schedules apply between:

1. the user that utilises the Services (as defined in Section 2) (the "User" or "you"); and
2. Aiforia Technologies Oy ("Service Provider" or "we").

2. SERVICE

2.1. These Service Terms apply to the User's use of the Aiforia Community Platform as provided through the Service Provider ("Service"). The Aiforia Community Platform is used to provide the User certain functionalities and tools pertaining to the Service Provider's other services and products, such as:

• Learn and Share: a chat function where the User can create questions, discussions and propose ideas (moderated by the Service Provider's customer support admins);
• Resource library, which includes educational videos, articles, etc. on using the Service Provider's products and introductions to AI;
• A Blog concerning Aiforia's services;
• Product updates (news about software releases, etc.);
• Knowledge Base, a service similar to the resource library but more technical information for on-boarding new users of Service Provider's services;
• Events calendar (upcoming webinars, etc.); and
• A badge system, which provides Users the possibility to collect badges based on their engagement with the Aiforia Community Platform.

2.2. Notwithstanding the above in Section 2.1, the Service and its contents remain subject to changes made thereto by the Service Provider (or its service providers, affiliates, subcontractors) as meant in Section 4.

2.3. These Service Terms exhaustively define the Service Provider's tasks, other obligations and liabilities in relation to the Service.

2.4. The Service Provider provides the Service free of charge and not subject to additional compensation.

2.5. The Service Provider strives to provide the Service without material interruptions on a 24/7 basis. However, the User acknowledges that the Service may be subject to interruptions at any time, including but not limited to reasons related to maintenance, and that the Service Provider does not guarantee any service availability level.

2.6. The Service Provider is not obliged to provide any end-user support or other similar services to the User.

3. REGISTRATION AND ACTIVATION OF SERVICE

3.1. The User's access to the Service is predicated on (i) the User being affiliated (e.g., as an employee or in a similar manner) with an organisation that has purchased other products or services from the Service Provider, or (ii) the Service Provider otherwise granting access to the Service. As a precondition of being granted access and use of the Services, the User must accept these Service Terms before they commence the use of the Service. Should the User not accept these Service Terms, they are not entitled to use the Service. The User explicitly acknowledge that any use of the Service contrary to the above or the provisions of this Service Terms is specifically prohibited and constitutes unsanctioned use of the Service.

3.2. The User must register as a user of the Services by creating a personal user account. The User is specifically prohibited from creating shared user accounts.

3.3. You represent that the information you have provided in connection with the registration is accurate and that you are 18 years of age or older and have the authority to bind yourself to these Service Terms.

3.4. The Service Provider will activate the Service without undue delay subsequent to the User's registration in the Service.

4. CHANGES TO SERVICE AND SERVICE TERMS

4.1. The Service Provider is entitled, at the Service Provider's sole discretion and for whatever reason, to make or have made any and all changes to the Service (including without limitation upgrades, updates, developments and error corrections, or changes or removals to the Service's functionalities) it deems necessary, including but not limited to changes that affect the scope, contents, functionalities, availability, or usability of the Service. The contents of the Service may therefore vary from time to time, with the Service Provider having no obligation towards the User to maintain the Service or any functionality or feature thereof.

4.2. The Service Provider will use reasonable efforts to notify you of any material changes to the Service in advance. In the event of material changes to the Service, the Service Provider may provide further instructions to you with respect to any actions required by you in order to continue access and use of the Service, if necessary.

4.3. The Service Provider reserves all rights to make changes to these Service Terms. The Service Provider shall communicate the changes to the Service Terms via the Service or otherwise in writing to the User before changes take effect. The User is deemed to have accepted the changes if the User continues using the Service after the changes to the Service Terms have entered into effect.

5. USER'S OBLIGATIONS

5.1. The User represents and warrants that it uses the Service solely on behalf of its employer or other organisation to which the User is affiliated, not as a private individual or consumer. The User accepts and acknowledges that the Services and these Service Terms are not subject to consumer protection laws.

5.2. The User shall use the Service in accordance with these Service Terms. The User shall abide by the Aiforia Community Guidelines in force time to time ("Community Guidelines"), with those applicable at the time of the User accepting these Service Terms being appended hereto as Annex I. The Community Guidelines constitute an integral part of these Service Terms. For clarity, the Service Provider has the right to make changes to the Community Guidelines as specified in Section 4.

5.3. The User agrees to:

1. provide accurate, current, and complete information as may be prompted by registration forms on the Service (“Registration Data”);
2. maintain the security of, and not share with any third party, any logins, passwords, or other credentials that the User selects or that are provided to you for use of the Service;
3. maintain and promptly update the Registration Data, and any other information the User provides to the Service Provider, and to keep all such information accurate, current, and complete (including that any contact information is up to date); and
4. notify the Service Provider immediately of any unauthorised use or any other breach of security by emailing us at community@aiforia.com.

5.4. Without limiting the generality of the foregoing, the User shall not, and shall not permit or encourage a third party to:

1. modify, create copies or derivative works of the Service or the contents thereof, or otherwise use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or applicable law or other right of the Service Provider or any third party;
2. reverse engineer, disassemble, decompile, or otherwise use, attempt to derive, or gain improper access to any component or item of content of the Service, in whole or in part;
3. sell, resell, rent, “frame”, “mirror”, deep link to or lease any portion of the Service or otherwise incorporate any part of the Service into any other service without our prior written authorisation;
4. interfere with or disrupt the integrity of the Service or any content or data contained therein or transmitted thereby;
5. access, monitor, or copy any content or information from the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
6. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Service's infrastructure (including, without limitation, carrying out penetration tests or network stress tests without the Service Provider's prior written approval);
7. input any virus, malware, or other harmful code into the Service; or
8. violate any applicable local, provincial national, or international law or regulation.

5.5. You as the User are responsible for the safe keeping of all your usernames and passwords for the Service and you are liable for the use of the Service with such usernames and passwords. The User is responsible for changing the usernames and passwords, if needed for example due to security reasons.

5.6. Should the User become aware of any breach of these Service Terms, it is obliged to contact the Service Provider immediately and without delay after having become aware of any such breach by sending a notice specifying the nature of such breach to the Service Provider's email address community@aiforia.com

5.7. The User is responsible for all obligations in regard to acquiring the necessary equipment, devices, and network connections for accessing the Service. The Service Provider is in no way responsible for such devices or network connections.

6. SUSPENSION AND RESTRICTION OF ACCESS

6.1. The Service Provider shall have the right, at its sole discretion, to suspend the Service, or the User's access thereto, for a reasonable duration if such suspension is necessary in order to perform changes to the Service and/or maintenance in respect of the Service. Without limiting the foregoing, the Service Provider shall endeavour to perform the changes and maintenance in respect of the Service during scheduled maintenance breaks.

6.2. The Service Provider shall have the right, at its sole discretion, to prevent the User's access to the Service, if the Service Provider suspects that:

1. the User burdens or uses the Service in a manner that jeopardises the delivery of the Service to other users;
2. the User uses the Service in breach of these Service Terms;
3. the User infringes the Community Guidelines; or
4. the user account is being used by an unauthorised person or otherwise unlawfully.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. All intellectual property rights in and to the Service, including any changes, modifications, and further developments of the Service, remain the sole and exclusive property of the Service Provider or its respective service providers. Nothing in these Service Terms constitutes or shall be construed as an assignment of such ownership rights from the Service Provider (or its service providers), or any grant of any rights in or to the Service except as explicitly provided in these Service Terms.

7.2. The Service Provider grants to the User a non-exclusive and limited right to use the Service for its internal business purposes in his/her capacity as an employee or as otherwise affiliated with an organisation that has purchased other products and services from the Service Provider, strictly in accordance with these Service Terms.

7.3. The User hereby grant the Service Provider, its affiliates and subcontracts a non-exclusive, royalty-free, irrevocable, perpetual, worldwide, transferable sublicensable, free of charge licence in and to any and all data, text, information, content and other material uploaded or otherwise provided by the User in conjunction with using the Services (including but not limited to chat messages, comments, Q&A inputs, pictures, videos, blog posts, earned badges, screenshots content with reference to webinars and other events including photos and participation, etc.) ("User Content"), for any purpose without compensation or attribution to the User and including the right to modify the User Content, with such licence being granted to the Service Provider in regard to a specific item of User Content on the moment said User Content is input to the Service by the User.

7.4. The Service Provider has the right to use User Content in publications, for marketing and/or reference purposes.

7.5. Without limiting the generality of Section 7.3, any feedback, comments, suggestions, ideas, or other information provided by the User in the form of email or other submissions to the Service Provider are non-confidential and constitute User Content. You may send such feedback to community@aiforia.com.

8. IPR INFRINGEMENTS

8.1. The User shall be solely responsible for ensuring that the data, text, information, and other materials stored and input by the User in the Service do not infringe any third-party rights or violate any legislation in force from time. The Service Provider shall have no responsibility for such data, text, information and/or other materials in respect to the User or third party (including other Users of the Service Provider).

8.2. The User shall indemnify and hold the Service Provider harmless against all claims made by a third party towards the Service Provider, its affiliates and/or its subcontractors that are attributable to an infringement of third party's intellectual property or other rights by such data and/or materials and shall bear all costs and damages (including those of the Service Provider, its affiliates and/or its subcontractors) in relation to such claims.

9. DATA SECURITY AND DATA PROTECTION

9.1. The Service Provider acts as data controller for the personal data processed in the Service. Service Provider processes personal data in accordance with its privacy policy (available at https://www.aiforia.com/privacy-policy).

9.2. The Service Provider shall be entitled to disconnect, suspend and/or otherwise limit the use of the Service in case of data security breaches or other data security issues related to the Service.

9.3. The Service Provider is not obliged to make back-up copies of the data stored by the User to the Service. In the event of any loss or destruction of any data by the User, the Service Provider does not have the responsibility to assist or retrieve copies of the User's data and does not guarantee the availability of any back-up copies.

10. NO WARRANTIES AND EXCLUDED LIABILITIES

10.1. The Service is provided "as is", "with all faults" and "as available". The Service Provider, its affiliates and/or its subcontractors do not grant the User any warranties, express or implied, in relation to the Service. Without limiting the generality of the foregoing, the Service Provider specifically excludes and disclaims, on behalf of itself, its affiliates and subcontractors, all warranties relating to the availability, merchantability, non-infringement, or fitness for a particular purpose of the Service, as well as any warranties in regard to the accuracy of any data, information or materials provided in connection with the Service, or that the Service is free of errors.

10.2. The User specifically acknowledges that any use of the Service takes place at the User's sole discretion and risk. To the maximal extent allowed by applicable law, the Service Provider, on behalf of itself, its affiliates, and its service provider, disclaims all liability for any loss and/or damage sustained, caused or incurred by the User that results from or relates to the User having utilised the Service or any information contained therein. The User specifically acknowledges that material and information contained in the Service may be provided by third parties, and that the Service Provider, its affiliates, and its subcontractors are not subject to any obligation to verify the accuracy or veracity of such.

10.3. The Service may contain links or interfaces to websites, services, and content of third parties. The User acknowledges and accepts that the Service Provider does not have any control over any third-party services or content and shall have no responsibility or liability for the same, including that it will not have any responsibility to update or review any such web pages or third-party content. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Service Terms will no longer apply.

11. LIMITATION OF LIABILITY

11.1. The Service Provider shall not be liable for any indirect loss and/or damage incurred by the User in relation to the latter's use of the Services, including but not limited to any loss of business, profits, or loss of data.

11.2. The Service Provider's total aggregate liability for direct loss and/or damage under or in relation to the Service shall in all cases be limited to an amount of 1000 euro.

11.3. The limitations of liability above in Sections 11.1 and 11.2 do not apply if the damage and/or loss is caused by willful misconduct or gross negligence of the Service Provider.

11.4. For the sake of clarity, to the extent the liability of the Service Provider for any loss or damages has been disclaimed by the Service Provider elsewhere in these Service Terms, such disclaimers and exclusions of liability shall apply regardless of this Section 11, with the Service Provider not incurring any liability or other obligation to compensate the User for such disclaimed damages or liabilities.

12. TERM AND TERMINATION

12.1. These Service Terms become applicable between the Service Provider and the User when the Service is activated by the Service Provider in accordance with Section 3.3 and 3.4. These Service Terms will remain in effect for as long as the User uses the Service or as otherwise specified in this Section 12.

12.2. The User may terminate the Service at any time by contacting us at community@aiforia.com.

12.3. The Service Provider shall have the right to terminate the User's right to use the Service and, therefore, these Service Terms for cause with immediate effect, if

1. the User commits a breach of these Service Terms, and if such breach is remediable fails to remedy such breach within thirty (30) days of receiving a written notice thereof; or
2. the User is no longer affiliated with an organisation that uses the Service Provider's services.

12.4. The Service Provider may terminate the Service or part thereof for convenience by informing the User by email or in connection with the Service.

12.5. When the User's use of the Service is terminated for any reason, the User is solely responsible for extracting the User's own data and all other materials from the Service at its own cost and risk. Unless otherwise agreed, the Service Provider is not obliged to assist the User in extracting the User's data or materials from the Service.

12.6. The User's right to use the Service and access thereto terminates automatically without separate notice immediately upon termination of the Service on part of the User. The User acknowledges that termination or expiration of the Service for any reason entails the deactivation of all the User's credentials for using the Service. The data the User has created and published as part of the community discussions may, at the Service Provider's discretion, be deleted upon or after termination or expiry of the Service on part of the User.

12.7. Any terms and provisions of these Service Terms intended to survive termination or expiry of these Service Terms shall do so. Such terms include, without limitation, Sections 7, 8, 9, 10, 11, 12.7, 13.2, and 14.

13. OTHER PROVISIONS

13.1. The Service Provider may at its discretion send to the User information by email regarding new features of the Service or similar services. The User may unsubscribe such emails in its account settings or in connection with each message.

13.2. The User shall keep confidential and not to disclose to any third party any information received from the Service Provider connection with the use of the Service or otherwise provided subject to these Service terms.

13.3. The User is not entitled to assign its rights or obligations under these Service Terms, including the right to use the Service, to a third party. The Service Provider shall be entitled to assign its rights under these Service Terms at its sole discretion.

13.4. These Service Terms represent the entire agreement and understanding between the User and Service Provider in regard to the use of the Services.

13.5. The User shall address all notices and other communication in connection with these Service Terms in English to the following email address of the Service Provider, community@aiforia.com. The Service Provider will send all notices to the User through the Service or by email.

14. GOVERNING LAW AND DISPUTES

14.1. These Service Terms are governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions.

14.2. Any dispute, controversy or claim arising out of or relating to these Service Terms, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki, Finland.