PRODUCT TERMS & CONDITIONS
Effective from 10 February 2023
1. Preliminary Remark
These General Terms and Conditions (GTC) apply to all e-Reports, digital asset bundles, custom digital assets and other digital contents, such as archive files, data extracts and images (hereinafter referred to as digital products), supplied by Analytics Pika Oy via the Analytics Pika Oy @SEA platform (hereinafter referred to as @SEA). These General Terms and Conditions apply to all customers, private and commercial, utilizing the @SEA platform.
“Agreement” means the agreement between the Customer and Analytics Pika Oy regarding the services on the terms and conditions set out in these General Terms.
“Customer” refers to any individual who has created an account on our website, completed a purchase of our Digital Product and is utilizing our Digital Products.
3. Acceptance of GTC
By creating a user account with Analytics Pika Oy, the customer is accepting the General Terms and Conditions stated in this document.
4. Access to online platform and products
4.1. All customers are required to create a user account and validate their email address. This validated email address forms the sole communication channel including delivery of purchase confirmations, invoices and any communications regarding their purchased products. Only communications from the registered email address are considered by Customer Support representatives as genuine.
4.2. To avoid download of purchased products by unauthorised persons, the customer must login to their @SEA account to initiate the download. Any purchased product remains downloadable for 12 months from the time of purchase.
4.3. Analytics Pika Oy reserves the right to change the format of any of its digital products or the delivery process at any time.
4.4. Digital products offered through @SEA platform utilize a range of third-party resources. Analytics-Pika Oy does not make any warranty on the availability of the feature(s) utilizing third party resource(s) for all geographical locations. If a third-party resource provider ceases to provide that resource or ceases to make that resource available on reasonable terms, Analytics-Pika Oy may cease to make available that feature to its Customers.
4.5. Analytics Pika Oy may decline your order for any reason, in which case Analytics Pika Oy will send an email to the email address provided by the customer in registration form.
5. Refunds and Replacements
5.1. Since the digital products offered through @SEA platform are made to order and are highly customized, they are excluded from refunds once the checkout process has been completed.
5.2 In unlikely event that the delivered report, any assets, or associated files are faulty, the customer shall notify the Customer Support stating clearly the nature of the problem and which item is affected to receive replacement.
6. Payment Terms
Digital products must be paid in advance through the checkout facilities of the @SEA platform utilizing payment facilities enabled for a given product and country of sale. The applicable taxes are added to the payable amount and are visible prior to the conclusion of transaction. Only charges and taxes collected by Analytics Pika Oy are visible. Any fees or charges collected by the customer’s bank or card issuer are not included. Invoices for concluded transactions are sent per email using customer’s registered email address.
Any attempts of withdrawing, suspending or in any way stopping the payment after conclusion of the checkout process will trigger payment recovery process with customer being liable for all additional costs.
7. Use of the products
7.1. Payment of the Price will entitle You to a royalty free, non-exclusive, non-transferable, non-sublicensable licence to download, store and use the Digital Product. Within the hierarchy of available licenses following restriction apply:
Private – this license grade grants the use of the Digital Product by a private person in non-commercial setting indefinitely for personal guidance only.
Commerical – this license grade permits the use within commercial setting only for Customer’s internal purposes in the course of Customer’s own business, unless a different end-customer is clearly identified during purchasing process (“Prepared for” names end-customer and “As requested by” names the purchasing customer). The Commercial license grants the permission to use the digital product and its derivatives produced by the Customer to conduct business for the named end-customer only. Shall the digital product or its derivatives be used to conduct business with or for a different end-customer, a new license must be purchased naming the new end-customer. Customer acknowledges that it has purchased a licence to use the Digital Product, and that the grant of this licence does not constitute a transfer of ownership.
Premium – this license grade includes all the privileges and responsibilities of the Commercial license. Additionally, it grants the permission, for a limited period as selected during purchase process, to publish the digital product, its parts or derivatives within a public web page in a single web domain. The web domain must be named specifically during purchase process and associated with the license. The license is granted for a limited period, after which it must be renewed, or new license purchased. After license is expired, all items originating from the digital product, or their derivatives must be removed from the public domain and shared only internally in line with the privileges and restrictions that would be granted by a Commercial license which has indefinite validity.
7.2. You may not, unless otherwise expressly permitted:
7.2.1. Sell, sub-licence, distribute, display, copy, disassemble, decompile, reverse engineer, translate, transfer, or otherwise make available any Digital Product and/or its content to any other person;
7.2.2. Use any Digital Product or its content to create any derivative works or products that could be considered competitive products;
7.2.3. Allow any third party to access, benefit or use any Digital Product or its content in any way; or
7.2.4. Share any password, username or other access information that can be used to access any Digital Product or its content.
7.3. In case of impermissible use or sharing of the Digital Product or its parts, be it through conscious decision or gross negligence, to third parties without suitable license, the Customer becomes liable for income lose caused by its action to Analytics Pika Oy. In such an event, Analytics Pika Oy reserves the right to invoice the Customer for any missing licenses.
7.4. Customer must not use the Digital Product, its parts or derivatives in any way that violates any applicable local, national or international law or regulation.
8. Data Protection
8.1. Any geolocation information, like for example, the coordinates of the point of interest for which the Digital Product is purchased remain confidential information within Analytics Pika Oy. Analytics Pika Oy does not sell such information in any form, including aggregations, or otherwise discloses it knowingly to third parties.
8.2. To the extent that Analytics Pika Oy processes any personal data provided by Customers in connection with this Agreement, Analytics Pika Oy will do so in accordance with its privacy statement as set out at https://www.atsea.fi/privacy-statement and in accordance with any applicable data protection laws of Finland.
9. Indemnification & Liability
9.1. Analytics Pika Oy makes every effort to ensure that the information provided within its digital products is accurate and complete. However, Analytics Pika Oy cannot and does not guarantee the accuracy, integrity, quality, or completeness of the content or its usefulness for any particular purpose. Any reliance placed on such information is strictly at own risk. Analytics-Pika Oy shall have no liability for any damage caused by errors or omissions in any information or instructions provided by its digital products offered through @SEA platform.
9.2. Analytics Pika Oy excludes any and all liability for any loss of any nature suffered by the customer, or by any of customer’s client(s), as a direct or indirect result of customer’s or customer’s client(s) use of any of the content made available through its digital products or their derivatives.
9.3. Analytics Pika Oy disclaims any liability in connection with any technical problems customer may experience when accessing the @SEA web resources or during download of purchased digital assets. Analytics Pika Oy makes no warranties with respect to any harm that may be caused by the transmission of a computer virus, or any other form of programming routine designed to damage, destroy, or otherwise impair a computer’s functionality.
9.4. Analytics Pika Oy will not be liable for (i) any loss of data, use, reputation, goodwill or opportunity; (ii) any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether such loss is direct or indirect; or (iii) any indirect, special, incidental, consequential damages or losses that customer may suffer, whether relating to customer’s downloading, purchase or use, or inability to use, of the @SEA platform, its web pages or digital products.
9.5. The Customer shall defend, indemnify, and hold harmless Analytics-Pika Oy against claims, actions, proceedings, losses, damages, expenses, and costs (including court costs and reasonable legal fees) of infringing on a third party’s rights arising out of or in connection with the Customer’s use of the digital products acquired through @SEA platform.
9.6. Analytics-Pika Oy is not liable for third party solutions and data resources that are integrated into its digital products. Consequently, Analytics-Pika Oy cannot be held liable for the correctness, completeness, quality, and reliability of the information or derivatives based on third-party solutions/resources. Moreover, Analytics-Pika Oy cannot be held liable for the availability, security, or functionality of such third-party integrations or solutions, including any damage or loss caused by such third-party integrations/solutions.
10. Intellectual property rights
10.1. Customer shall keep intact all, and any copyright and proprietary notices associated with the digital products. Customer shall not remove, conceal, or alter any copyright notices.
10.2. If the digital products bear embedded watermark(s), you agree not to remove or tamper with the watermark.
10.3. Any IPR subsisting in the Digital Products is and shall remain the sole property of Analytics Pika Oy or, where applicable, its licensors. Customer acknowledges that all present and future rights in and title to the Digital Products, including the right to grant access to and use of the same, shall vest in Analytics Pika Oy and, where applicable, its licensors.
10.4. Customer shall indemnify Analytics Pika Oy from and against all costs and expenses (including reasonable legal expenses) arising from any claim that any derivative work that Customer creates based on any Digital Product infringes any third party’s IPR. Customer agrees to cooperate with Analytics Pika Oy in the defence of any such claim at Customer’s own expense.
11. Interpretation and Applicable Law
11.1. If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict of the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity, legality and enforceability of any remaining provisions.
11.2. This Agreement and any dispute arising out of or in connection with it (whether contractual or non-contractual) shall be governed by the laws of Finland. Any dispute, controversy or claim arising out of or relating to the purchase or use of the digital products acquired from Analytics Pika Oy through @SEA platform, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be District Court of Vaasa, Finland and the language of the arbitration shall be English.