Cyberday can be used via Microsoft Teams or via web browser. These terms cover all Cyberday use, whether it's through web client, Teams or other extensions.
Terms of use was updated 13.12.2024.
Last updated 13.12.2024.
1.1 These Terms of Use ("Terms of Use") apply to the use of Cyberday Inc's ("Supplier") Cyberday -service ("Service") and to the customer's ("Customer") order the Service in the service agreement or on the Supplier's website ("Order"), unless otherwise expressly agreed in the Order.
1.2 The Service is a cloud service provided by the Supplier via a public data network in accordance with the Service Description ("Service Description") valid at any given time, with which the Customer can manage its own content and tasks related to data security and data protection based on Template Material and Customer Data.
1.3 These Terms of Use also use the terms defined in the Service Description.
By using the Service, you are agreeing to these Terms and Conditions including the Annex on Processing of Personal Data. The latest version of Terms and Conditions as well as Provider’s Privacy Statement are readily available on Provider’s website and/or in connection with Service.
The Service is a cloud service provided by the Supplier via a public data network, with which the Customer can manage its own content and tasks related to information security and data protection based on Template Material and Customer Data.
3.1 Placing an order
The Customer may place an Order through the Service. An order may also be created on the basis of a written agreement between the Supplier and the Customer, in which case the Order becomes binding when the Supplier has accepted it.
3.2 Service fees and billing
The fees payable by the Customer for the Service ("Service Fee") and the related payment terms are set forth in the Order. Unless otherwise agreed in the Order, the Supplier shall invoice the Customer in advance for the Service Fee for each Order Period.
The number of employees on which the service fee is based is reviewed annually before the start of the next billing period. The number of employees may be exceeded by 10% before the Service Fee is adjusted to the price level of the current price list according to the number of employees.
Price revisions other than those based on changes in the number of personnel are primarily based on changes in the cost index. The price increase associated with the increase in costs can be up to 5% during the billing period of the year. If the content of the service has changed substantially since the beginning of the Order, the parties shall negotiate on the possibility to specify the pricing more than the above-mentioned maximum increase through mutual negotiations.
3.3 License
After placing an Order, the Customer receives a non-exclusive right to use the Service for its internal operations in accordance with the Order and these Terms of Use for the term of the Order (the "Order Period"), provided that the Customer pays the Service Fees to the Supplier in accordance with the Order.
3.4 User accounts
3.4.1 The Customer is responsible for ensuring that the information in the User Account is correct and that it is updated without delay if there are any changes in it.
3.4.2 Customer may not assign control of the User Account to third parties. However, the Customer may invite users to use the Service on its behalf and on its own account also from third party organizations.
3.4.3 If the User Account, the information enabling its administration or the login details of the parties invited to use the User Account fall into the wrong hands, the Customer shall immediately notify the Supplier.
3.4.4 The Supplier shall not be liable in any way for the actions performed in the Service by persons employed by the Customer or otherwise authorised by the Customer.
3.5 Subscription period
The Subscription Period for the Service shall be agreed upon in the Order. The Order Period shall automatically continue after the end of the current Order Period as a new fixed-term Order Period of equal duration, unless the Customer terminates the Order by notifying the Supplier in writing no later than thirty (30) days before the end of the current Order Period.
4.1 Usability
4.1.1 The Supplier is responsible for ensuring that the Service is available to the Customer 24/7 as a rule, with the exception of planned maintenance breaks. The availability of the service is normally over 99% on a monthly basis.
4.1.2 The Supplier shall always endeavour to inform in advance of any interruptions or other disturbances in the Service that are essential for the Customer and to carry out measures related to the maintenance of the Service in other ways so that they hinder the use of the Service as little as possible.
4.2 Template material
The Customer is always responsible for the actions and decisions made on the basis of the Service and Template Material or otherwise, as well as their consequences and legality. The Supplier is not responsible for the views or opinions expressed in discussion or other similar forums connected to the Service.
5.1 Service and Template material
5.1.1 All intellectual property rights to the Service, Template Material, their information content, features and functionalities, as well as their subsequent modifications, belong solely to the Supplier or its licensors and service providers.
5.1.2 The Supplier shall make the Template Material available to the Customer under a Creative Commons Attribution-NonCommercial-NoDerivatives International (CC BY-NC-ND 4.0) license. The Customer may distribute or copy the Content in any channel, provided that the information is linked to a source of information (https://cyberday.ai), The Design Material may not be made into derivative works or used for commercial purposes for further disposal.
5.1.3 Copying, reproducing, forwarding, distributing or using the Service or Template Material or parts thereof in any other way than in accordance with the Order and these Terms of Use is strictly prohibited.
5.1.4 The Supplier is responsible for the legality of the Service and, in particular, for ensuring that the Template Material does not infringe the copyright, trademark or other intellectual property rights of third parties. The Supplier has the right to change the Service if a justified claim is made about its legality or inviolability, or to interrupt the delivery of the Service by refunding any advance payments made for the Service to the Customer. The Supplier has no other liability to compensate the Customer.
5.2 Customer data
5.2.1 Ownership and intellectual property rights in all Customer Data belong to the Customer or its licensors. The Customer grants the Supplier the right to process Customer Data to the extent necessary for the implementation of the Service to the Customer.
5.2.2 The Customer is responsible for Customer data and its legality, and in particular for ensuring that Customer data does not infringe the copyright, trademark or other intellectual property rights of third parties and that it has the right to utilise Customer data and any personal data related to it in the Service.
6.1 As part of the Customer Data, the Supplier may process personal data in order to provide the Service to the Customer. The processing of personal data complies with current data protection legislation. The responsibilities and obligations of the Supplier and the Customer regarding the processing of personal data are defined in the Personal Data Processing Agreement ("Processing Agreement") concluded in connection with the Order.
6.2 At the Customer's written request, the Supplier shall erase the personal data it processes that was part of the Customer Data from the Service without undue delay. In any case, the Supplier shall delete the personal data contained in the Customer Data no later than six (6) months after the end of the Order, unless otherwise agreed.
6.3 The Supplier has the right to use the Customer Data as background material in the development and provision of the Service or the Supplier's other products anonymously so that the Customer or data subjects cannot be identified or identified and the confidentiality of the information is not compromised.
7.1 The Customer uses the Service at its own discretion and risk. The Supplier shall not be liable for damages caused by the destruction, loss or alteration of Customer Data or for the costs caused by their re-creation, but it shall maintain a backup copy of them in accordance with the Service Description.
7.2 Neither party shall be liable for any indirect or indirect damage caused to the other. The limitation of liability does not apply to damage caused intentionally or by gross negligence, nor to damage caused by the Customer transferring the right or rights to use the Service to third parties.
7.3 The Supplier's total liability for the Order is limited to an amount corresponding to the Service fees (excluding VAT) paid by the Customer for the Service during the twelve (12) months preceding the damage event.
8.1 The Service ends when the Subscription Period ends or if the Customer has committed a material breach of the Order or these Terms of Use. At the end of the Service, the Supplier terminates the Customer's access to the User Account and deletes the Customer Data from the Service in accordance with the Service Description. The Customer is responsible for ensuring that the Customer data that the Customer wishes or is required to retain by the Customer by law has been transferred out of the Service before the end of the Order.
9.1 Secrecy
Both the Supplier and the Customer undertake to keep the other party's trade secrets and other information and materials that are considered confidential to them confidential.
9.2 Transfer your subscription
A party may transfer an Order to a third party only with the prior written consent of the other party, unless the party transfers the Order as part of a corporate transaction (such as a business ownership transaction) or to its affiliate.
9.3 Subcontractors
9.3.1 The Supplier may use subcontractors to implement the Service, and the Supplier is responsible for the actions of its subcontractors as if it were its own.
9.3.2 By way of derogation, all standard third-party services and products used in the implementation of the Service, such as public cloud services used as a platform for the Service, shall be subject to the terms and conditions of use and contract valid from time to time and the limitations of liability of the original supplier or rightholder of the service or product in question.
9.4 Reference use
The Supplier has the right to use the Customer's name and logo for reference purposes, unless the Customer has expressly prohibited it.
9.5 Changes to the Terms of Use
9.5.1 The Supplier has the right to change these Terms of Use by notifying the Customer in writing at least one month before the change enters into force. Changes in the price of the Service will take effect at the earliest at the beginning of the Customer's next Subscription Period. The then-current version of these Terms of Use is available at www.cyberday.ai/terms-of-use
9.5.2 If a change to the Terms of Use would be material and the Customer has more than thirty (30) days left in the Order Period at the time of notification, the Customer and the Supplier may, upon written request by the Customer, agree to comply with the previous Terms of Use until the end of the Customer's current Order Period.
9.6 Applicable law and dispute resolution
The order is governed by Finnish law. Disputes are primarily resolved through negotiations. If no agreement is reached in the negotiations, disputes arising from the Order shall be finally settled by arbitration in accordance with the Arbitration Rules of Finland Chamber of Commerce. The place of arbitration shall be Helsinki and the language shall be Finnish.
Cyberday Inc. (Business ID: 2410237-8)
Kalevantie 2, 33100 Tampere, Finland
Tel: +358 10 231 6010
Email: team@cyberday.ai
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