Terms of Service
END USER AGREEMENT FOR THE WEBUUST SERVICE 17th of June, 2019
WeBuust is an online service and a service ecosystem (“Service”) owned, administrated and maintained by WeBuust Oy (“WeBuust”). The Service’s intended primary users are current or aspiring entrepreneurs, investors, funding providers, other service providers, incubators and/or their representatives (collectively “Users” or individually the “User”). The Service includes, and can be used to access, material and other services produced by WeBuust’s partners (“Partners”) and other third parties (“Third Parties”).
Paavo Havaksen tie 5 F 90570 Oulu, Finland
Queries and contacts: [email protected]
The Service not only contains services and content produced by WeBuust, but also includes connections and links to pages and electronic services provided by the Partners and Third Parties.
The services provided by Third Parties may also be subject to their respective terms and conditions, that the User must also accept before using a Third Party service.
The basic Service (“Free Service”) does not require payments from the User. The additional services can be
charged from the User, but not without specific, separate consent.
If the User is been contacted by an investor willing to make an investment, the User shall be charged a success fee, which is 4 % of the total investment received by the User. The success fee shall be charged “on the top” while rest of the investment shall be transferred to the User. The investor is obliged to make sure that the User has paid the success fee to the WeBuust.
WeBuust outlines that if the User does not pay the success fee voluntarily, WeBuust is forced to demand payment through a public court. In this situation WeBuust will cancel User’s account permanently. This will cause the User to lose the opportunity of being a member of the WeBuust ecosystem in the future and to lose all WeBuust benefits such as finding unique investment opportunities and obtaining financing.
The User may post, upload, record, or otherwise contribute content to the Service. This content may include, for example, pictures, text, messages, information, audio recordings, video, and other types of content (“User Content”).
The User has access to confidential file (Confidential File), which WeBuust shall not have any access. In this file the User can download documents and other content, that shall not be accessible by Webuust. All the User Content that is saved in Confidential File, shall be considered as confidential. The User is advised that all other User Content, shall be accessible to WeBuust, due to the mandatory nature of the Service.
The User is solely responsible for all User Content that is contributed to the Service. WeBuust shall not be responsible for User Content. The User represents that if anyone brings a claim against WeBuust related to the User Content, the User shall indemnify and hold WeBuust harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
Sharing the information to investors
WeBuust has made separate agreements with parties interested or willing to invest (“Investor”). in start-ups using the Service The User accepts and understands that due to the nature of the Service, investors have access to User Content.
When the User creates an account to the Service, User is obligated to create a public profile. The User understands that this profile is public and this profile is accessible globally.
Ownership and right to use
Intellectual Property Rights refers to all protection forms of intellectual property rights (IPR) including but not limited to patents, utility models, trademarks, copyright, right to maskwork of integrated circuit and copyright of design. In addition to this, the definition includes protectable, inventions confidential know‐how and any applications of the protection forms of Intellectual Property Rights.
All documents, text, video, photographs, pictures, animation, computer programs, sound recordings and all other input and Intellectual Property provided by The User shall remain the property of User and its licensors.
Each Party agrees to take such actions as may be reasonable requested by the other to evidence the transfer of ownership of or license to Intellectual Property rights.
The content and appearance of the Service are protected under copyright law and other applicable laws. All rights, copyrights and other Intellectual property related to the Service are the property of WeBuust and/or its Partners or other third parties. The User has no right to replicate the Service in any way or in any format, nor to translate, customize, embed or otherwise modify the Service.
The User Grants WeBuust nonexclusive, worldwide and royalty free Intellectual Property license to use content, which has been downloaded, or created by User to the Service. With this license WeBuust is entitled to make copies, save, retain, transmit, reformat, display and amend the content and give similar right to third parties. These rights are been used solely to develop the Service for the benefit of Users.
When the Service is used within the limitations of this Agreement, the name of WeBuust Oy and/or its Partner(s) must always be mentioned. Use of the Service for information service purposes is forbidden. All of the aforementioned also applies to any material sent by WeBuust to the User via e-mail or other electronic communication method.
Rights and obligations of WeBuust
WeBuust maintains the Service, excluding services maintained by third parties, and provides some of its contents. WeBuust aspires to provide and maintain the highest level of service quality possible. The aforementioned notwithstanding, the User explicitly acknowledges that e.g. all analyses, reports, forecasts, feedback, estimates, plans, memos and other similar content are provided on “as is” basis, and under no circumstances shall WeBuust be held liable for their fit for purpose, validity, accuracy or correctness.
The Service also includes, and can be used to access, content and services provided by Partners, Third Parties and/or the User itself. Such content and services are always under the responsibility of the respective Partner, Third Party and/or User that provided the content/service in question.
WeBuust does not guarantee uninterrupted and faultless operation of the Service. The Service is regularly monitored to prevent service malfunctions. WeBuust reserves the right to interrupt the operation of the Service due to service modifications, updates, maintenance and installation tasks or other similar reasons related to the Service, or if required to do so by legal obligations or decrees by official authorities. However, WeBuust strives to inform Users of any service interruptions in advance as early as possible via the Service.
WeBuust reserves the right to make changes to the Service’s contents, operation and availability in order to develop the system or for any other unlimited reason deemed necessary, at any times and using methods seen fit by WeBuust.
The information, advice and guidelines provided within the Service are not intended as legal, commercial, financial, medical or other type of official information that would bind WeBuust to guarantee its accuracy, and thus cannot be appealed to or used to make demands towards WeBuust.
The User is responsible for the procurement, maintenance and use of the hardware, software and network connections and adequate security measures required to use the Service. The User is also responsible for any expenses resulting from the use of the Service.
The User is responsible for the validity of any information entered through the Service, and the User also undertakes to ensure that entered information is received by the Service. The User personally guarantees and pledges to not send any inappropriate material through the Service, and that the material released by the User in the Service is not against the law or good practices and does not infringe on the rights of any third party, and that the User has the right to perform aforementioned actions. While using the Service, the User agrees to only enter information that according to his/her best knowledge is true, valid and accurate.
The User is obligated to keep the User’s own login credentials safe. The User is responsible for all use of the Service that utilizes the User’s own credentials, as well as for any possible expenses, payments, obligations and consequences resulting from such use. If the credentials of the User are lost or fall into the possession of an outside party, the User must immediately notify the organization that granted the credentials and request closing of such credentials.
The User may not use the Service to publish or distribute material under copyright or similar protective rights without express permission from the holder of such rights. The User may also not resell, lease, rent or use the access to the Service in any other way that is disadvantageous, insulting or harmful to WeBuust, its Partners, other Users or any third parties.
Use of personal information
WeBuust respects the privacy of its Users and complies with applicable laws for the protection of Users privacy. In handling of the Users personal information, WeBuust adheres to the Personal Data Act, General Data Protection Regulation (GDPR) and other legal decrees governing data security, as well as good data processing practices.
The data entered by the User can be used to deliver Service-related notifications through the Service and via e-mail. These notifications can concern, for example, the User’s activities in the Service, or upcoming new functionalities of the Service.
As part of our data processing, registration includes a procedure in which we obtain Users consent (under GDPR Article 6 (1) point a), and where we refer in our data protection statement.
The User is aware that online environments and online services are not completely data secure. It is the User’s responsibility to properly maintain the data security of the User’s own data systems.
WeBuust and the Partners providing the Service will arrange the data security of the Service in a generally acceptable and efficient way, and will employ proper technical solutions to prevent unauthorized access to their data systems. All authentication-related data transmitted through the Service will be encrypted using strong encryption methods. WeBuust may use third party authentication providers for authenticating the Users in the Service, as well as storing the encrypted login credentials. The aforementioned notwithstanding, WeBuust does not guarantee that the use of the Service is absolutely secure under all circumstances, and no materialization of a security risk shall be considered a breach of these Terms of Service by WeBuust. WeBuust cannot be held liable for any disruption or loss the User may suffer. The User is encouraged regularly to make backups all the data, which the User creates or downloads in to the Service.
Both parties agree to keep all details of the Service and all information and material in whatever form disclosed by one party to the other party (“Confidential Information”), in strictest confidence and not to disclose such Confidential Information to any third party or to use such Confidential Information for any other purpose than for the purpose of the Service without the prior written consent of the other party.
The parties will ensure that details will only be disclosed internally to those employees or agents who need to know these details with respect to fulfilling the parties’ obligations under the Service. The parties will ensure that their employees and agents will be aware of and will be obliged to this confidentiality clause. It is understood that breach of the confidentiality obligations may constitute possible severe damage to the business of the other party.
This paragraph will survive the termination of this Service and shall remain in force for a period of five (5) years from the date of termination of this agreement.
Notwithstanding the foregoing, the confidentiality obligation shall not be applied to any material or information:
which is generally available or otherwise public other than by a breach of this agreement on the part of the receiving party; or
which the party has received from a third party without any obligation of confidentiality; or
which was rightfully in the possession of the receiving party prior to receipt of the same from the other party without any obligation of confidentiality related thereto; or
which a party has developed independently pursuant to written evidence without using Confidential Information received from the other Party.
Each party shall have the right to disclose Confidential Information to the extent such disclosure is required pursuant to a law, decree, or other order issued by the authorities or judicial order provided that the party shall inform the other party prior to such disclosure and shall use all reasonable endeavors to protect the Confidential Information to the extent possible.
WeBuust shall have the right to disclose Confidential Information to the company, which may be potential shareholders or investors to the User.
Nothing in this Section 11 shall limit either party’s right to disclose information to the appropriate authorities for export control purposes.
WeBuust is not responsible to Users or third parties for any error, loss of data, technical errors and/or deficiencies in connection with the Service, nor is WeBuust responsible for any direct or indirect damages caused by use, interpretation, or a lack thereof, of the information within the Service, regardless of whether or not these errors or damages were the result of a mistake, information provided by the User, a Service/network malfunction, maintenance tasks or any other reason. WeBuust is not responsible for any result of a Force Majeure event that might affect the Service or its use.
WeBuust does not make any express of implied warranties with respect to the Services of any products provided under this agreement. The Service is provided on an “as is” basis “with all faults” and “as available”. The User bares the risk of using the Service. WeBuust does not guarantee the accuracy or timeliness of the Service. To the extent permitted under the Finnish law, WeBuust excludes any implied warranties. The User acknowledge that computer and telecommunications system are not fault-free and occasional periods of disruptions of usage can occur. WeBuust shall not guarantee the Service to be uninterrupted, timely, secure, or error-free or that content loss will not occur.
Limitation of liability
WeBuust shall not be liable to the User or any other party for any indirect or consequential damages. WeBuust’s total liability shall in all cases be limited to the amount of payments made by the User to the WeBuust on the basis of the Service agreement. It he Service is considered free to the User, maximum amount of the WeBuust liability shall be onehundred (100) euros.
The Parties endeavor to mutually settle and negotiate any controversy, dispute or claim arising out of or relating to this agreement, or the breach, termination or validity thereof. If such settlement is not reached within two (2) weeks of initiating the negotiations, either Party can bring the dispute to be settled by an arbitration, where it 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), and the seat of arbitration shall be Oulu, Finland. The language of the arbitration shall be English.
More information on the Service and its use can be requested from the WeBuust maintenance via e-mail address [email protected].