User Terms of Service
Hello, and welcome to the Teamspective Terms of Service. It’s usually lonely here on this page so we appreciate you actually reading this document.
These Terms of Service are between You and Us. You means the person or a company who has registered as a user of the Service. We or Us means Teamspective Oy (with Business ID 3123427-2).
These Terms of Service are extended by our Privacy Policy (https://teamspective.com/privacy-policy) and Data Processing Agreement (https://teamspective.com/dpa). By accepting these Terms of Service, You are also accepting our Privacy Policy and Data Processing Agreement.
Our rights and responsibilities
We develop the Teamspective Service. We offer the Service for You to use under these Terms of Service. The Service enables You to collect and analyze feedback from co-workers. We offer the basic service for free. The Service also has paid premium features. We may offer a free premium Trial subscription which enables You to test the premium features for a limited period of time.
Your rights and responsibilities
You have permission to use the Service only according to these Terms. Do not use the Service if You do not agree to these Terms. You can use the free Service and any available premium Trial version to evaluate if the Service meets your needs.
1. License
Our rights and responsibilities
We grant You a license to use the Service when You subscribe to the Service and accept these Terms.
We enable the premium features when You upgrade Your subscription to include the premium features.
Your rights and responsibilities
You are granted a license to use the Service when You subscribe to the Service and accept these Terms.
You will have access to the premium features when You upgrade Your subscription to include the premium features.
The scope of Your license (whether You have subscribed for the premium features of the service) is specified in Your subscription.
You may not transfer or sublicense the license.
We will miss You if You want to end things with Us entirely, but we don’t want to cling on to You if You wish to go. You can find further information regarding the termination of the subscription in Section 11 of these Terms.
2. Using the service
Our rights and responsibilities
We take measures to prevent unauthorised use of Your account upon Your report of such use, or if we detect unauthorised use otherwise. We may send invitation emails to the people You invite to use the Service. We have the right to contact You and send You messages regarding the Service. We are responsible for the provision of Service for You, for maintenance and updates of the Service, and if You are subscribed to the premium features of the Service, for the provision of email support for You.
Your rights and responsibilities
The user accounts are personal. Do not share or otherwise assign Your username or login details.
You must prevent unauthorized use of the Service. Do promptly notify Us of any unauthorized use of, or access to, the Service of which You become aware.
You may invite Your colleagues to join the Service as users.
Keep Your contact information up to date.
You must use the service in accordance with applicable legislation. You are not allowed to:
- sell, resell or lease the Service to a third party;
- attempt to reverse engineer the Service or any component it uses;
- attempt to reproduce, or create a substitute or similar service through the use of, or access to, the Service.
3. Changes to Service
Our rights and responsibilities
We continuously develop the Service by fixing errors, adding and changing features. We will do our best to inform You in advance of changes that have an effect on You.
If we make a material change to the Service, we will notify You before the effective date of the change.
We may make commercially reasonable changes to these Terms from time to time. We shall inform You of changes in advance.
Your rights and responsibilities
If You are not happy with changes we make to the Service or these Terms, You may terminate Your subscription, and the Service will be available to You until the end of the subscription period paid.
You will receive a notification from Us if We make changes to these Terms or to the Service.
4. Personal data collection and processing
Our rights and responsibilities
We collect some personal data concerning You and other Service users. We have a privacy policy and Data Processing Agreement that describe the data We collect and how We process the data.
Users who use the Service on their employer’s or organization’s account may collect personal data of the teams they have defined to the Service (this regards those who are subscribed to the premium features). This means we are a processor of Your personal data for Your employer, who in turn is the controller of the data regarding the surveys of You and Your colleagues.
We may delete the information we hold concerning You if Your user account has been inactive for twelve months.
Your rights and responsibilities
You may have multiple roles when using the Service. For further information, please refer to our privacy policy.
As a single user or when responding to a feedback request You are a data subject.
If You are using Teamspective for your own purposes we are a so-called controller of your information.
If You are using Teamspective on Your employer’s or organization’s account, We are a processor of Your personal data for Your employer, who in turn is the controller of the data regarding the surveys of You and Your colleagues.
5. Payment terms
Our rights and responsibilities
We offer licenses granting access to premium features in the Service. We list the prices, features and payment methods on Our pricing page.
We may change the pricing of the Service.
Any changes to the pricing of the licenses will not affect the subscription periods paid.
Your rights and responsibilities
You may purchase the licenses using the payment options We offer. By making the purchase, you confirm that you have the right to make such a purchase on behalf of your employer.
You are notified when We make changes to the pricing of Your subscription.
6. Confidentiality
Our rights and responsibilities
We may receive confidential information concerning You during the term of Your subscription, such as Your answers to feedback surveys.
We do not use such confidential information for other uses than to fulfill the requirements of Your subscription (e.g. to provide the surveys and the feedback). We handle personal data as confidential information in accordance with Our Privacy Policy and Data Processing Agreement.
Your rights and responsibilities
The information You provide in survey answers may be accessible to other users. Do not disclose any confidential information in the service, such as trade secrets. Do not disclose personal data in places it has not been specifically requested by Us (e.g. in Your profile information)
The answers to the surveys You have provided to the service will, after the termination of Your subscription, no longer be associated with You but will be seen as the survey answers of a deleted user.
7. Intellectual property rights
We get to keep what is Ours and You get to keep what is Yours. No existing intellectual property rights will be transferred or assigned between You and Us with Your subscription to the Service.
Our material
“Our material” means any material or information provided or made available by Us to You for You to use the Service. Any and all rights, title and interest to the Service, Our material and the amendments to it belongs to Us (or to a third party).
We may use Your material only for the purposes of providing and developing the Service.
Your material
“Your material” means information or material which You have transferred or made available to the Service or to Us on behalf of You to use the Service.
Any and all intellectual property rights, title and interest to Your material belongs to You (or a third party).
8. Warranties and disclaimers
Our rights and responsibilities
Although We do our best, we can not control everything in the Service.
The Service may contain software or works created by third parties. We have made sure that we have the right to use such third party material. We are not liable for any damage or loss caused by such third party material. We try Our best to keep the Service up and running. We can not, however, warrant that the Service is always available. Therefore We do not warrant that operation of the Service will be error-free or uninterrupted.
We do not make any other warranties regarding the Service either, unless we have otherwise expressly stated in these Terms.
We make no representations about any content or information made accessible by or through the Service, unless expressly provided for in these Terms.
Your rights and responsibilities
You warrant that any content You produce using the Service does not infringe the rights of third parties.
9. Limitation of liability
If through the actions of Us or You these Terms are breached, causing loss for You or Us, there is a limit on the compensation.
Each party’s maximum liability towards the other party is the monthly price of the Service You pay at the time of the contractual breach multiplied by 3.
Neither party shall be liable towards the other party for any indirect or consequential damage.
Neither party shall be liable for the destruction, loss or alteration of the other party’s data, nor for any damages and expenses incurred as a result, including expenses involved in the reconstitution of data.
These limitations of liability do not apply if the damage or loss is caused by a) the transfer, copying or use of the Service contrary to law or these Terms, b) willful conduct or gross negligence.
10. Suspension
10.1. Maintenance
We develop the Service, and sometimes it is necessary to suspend the Service to deploy new features or to fix problems. We have the right to suspend the delivery of the Service for a reasonable duration if this is necessary to perform installation, change or maintenance work on the Service. We will notify You in case of such suspension and strive to minimize any inconvenience resulting from it. You will receive Our notifications regarding possible suspensions in the Service.
10.2. Compliance with laws
We may at Our sole discretion suspend the Service at any time if We are required to comply with any applicable law. You agree to comply with applicable legislation when using the service.
10.3. Violation
If You use the Service contradictory to these Terms, we shall have the right to suspend Your use of the Service.
If We can’t sort out the breach with You, we may terminate your license to use the Service (please see Section 11 below). You agree to use the Service in accordance with these Terms.
11. Term and termination
11.1 General
We have the right to terminate the subscription with immediate effect if You are in material breach of these Terms. The termination notice must be made in writing. We may reinstate the subscription and the user account at our discretion if the breach is corrected.
We may terminate the subscription using a termination period of 30 days.
Upon termination of Your subscription, either by You or Us, the Service will be available to You as described below in sections 11.2 and 11.3.
At termination of the subscription, You are responsible for ensuring that You save, copy or download Your material from the Service to Yourself. You may need to contact us in order to be able to download your material.
11.2 Subscription to the free version of the service
These Terms remain in force until the termination of the subscription. You may terminate the subscription at any time. The Service will be available to You until You or Us terminate your subscription.
11.3 Subscription to the premium features of the Service
Our rights and responsibilities
Subscription to the premium features is in force until the end of the paid subscription term after which it renews automatically if the subscription is not cancelled.
If the payments can not be charged or are not otherwise completed, You will no longer have access to the premium features of the service.
We will keep the surveys and related information which were obtained during Your subscription to the premium features available for You even after Your access to the premium features ends, if You remain subscribed to the free version of the Service.
Your rights and responsibilities
If You terminate Your subscription to the premium features, the Service will be available to You until the end of the running subscription period, which has been paid by You.
You can cancel the subscription to the premium features at any time, and premium features will be available to You until the end of the subscription period.
The surveys and related information which was obtained during Your subscription to the premium features will stay accessible for You even if You decide to cancel the premium features.
12. Miscellaneous
12.1. Assignment
Our rights and responsibilities
We may transfer or assign Your subscription to a company belonging to another company group of companies, or to a successor of Our relevant business operations in connection with a merger, business transfer or other corporate transaction.
Your rights and responsibilities
Your subscription is non-transferable. You may not assign or transfer the subscription or any rights or obligations to a third party.
12.2. Force majeure
Our rights and responsibilities
Sometimes bad things happen that we cannot affect in any way. This is why we are not liable for delay, damage or inadequate performance to the extent caused by a condition (for example, natural disaster, interruptions in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott, war or insurrection) that was beyond Our reasonable control. We shall without delay inform You in writing of a force majeure event and the termination of the force majeure event.
Your rights and responsibilities
You will receive Our notification of a force majeure event and the termination of the force majeure event.
12.3. No waiver
If You or Us do not utilize the rights set out in these Terms, it does not mean that We or You should let the option go. Neither party’s failure to exercise any of its rights under the subscription shall constitute or be deemed a waiver or forfeiture of those rights or any other rights hereunder.
12.4. Severability
If any provision of these Terms is found unenforceable (for any reason), We shall replace that provision with a new one being as close to the replaced provision as legally possible, leaving the remainder of these Terms unaffected.
13. Governing law and Dispute resolution
We are a Finnish company, so these Terms are governed and construed in accordance with the laws of Finland, excluding its choice of law provisions. This means that any rule in Finnish law, which would lead to application of some other jurisdiction’s law, is not applied here. So Finnish law it is.
Our lawyers told us that it is better to settle any disputes in negotiations, and in arbitration if necessary. Arbitration is a bit more informal and faster than a lawsuit in court. Therefore, You and Us agree to seek amicable resolution through negotiation to any dispute arising out of or in connection with these Terms.
If You and Us cannot reach a settlement through negotiation, the disputes shall be finally settled in arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce using a single arbitrator. The seat of arbitration is Helsinki, Finland and the language of arbitration Finnish or English. Evidence may be provided in both languages.