Terms of use

These Terms of Use (“Terms”) define the terms and conditions under which Gofore Lead Oy provides Celkee Insight® solution and any related services (“Services”) to you and describe how the Celkee Insight® solution may be accessed and used.

By accessing or using the Services you signify that you have read, understood, and agree to be bound by these Terms.

If you will be using the Services on behalf of an organisation, you confirm that you are authorised to represent the organisation and that agree to these Terms on behalf of that organisation. In this case, “you” and “your” shall refer to that organisation.

1. Privacy, confidentiality and security

In the course of using the Services, you may submit content to Celkee Insight® including your personal data and the personal data of others (“Content”). Safe- guarding your content is utterly important to us. In Celkee Insight® Privacy Policy we detail how we treat your Content and personal data and we agree to adhere to those privacy policies. You in turn agree that Gofore Lead Oy may use and share your Content in accordance with our privacy policies.  See Privacy policy for details.

Gofore Lead Oy will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Gofore Lead Oy); (b) was lawfully known to Gofore Lead Oy before receiving it from you; (c) is received by Gofore Lead Oy from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Gofore Lead Oy without reference to your Content.

All connections to the Celkee Insight® servers are secured via SSL/TLS, and the respective solution runs on hardened Linux servers.

Celkee Insight® is built according to secure development best practices with security reviews incorporated throughout the design, development and deployment process.

2. Provided content

You retain ownership of all of your intellectual property rights for your Content.

Gofore Lead Oy shall have the right to use your Content in anonymised form as a reference data in its business operations (including copying, distributing, creating derivative works, making it publicly available). This right shall continue even after you stop using the Services. This right shall also extend to any trusted third parties we work with to the extent necessary to enhance and provide the Services. While using your Content, Gofore Lead Oy shall ensure the protection of anonymity and any personal information as provided and agreed in these Terms.

You have the right to provide feedback regarding the Services during your use of the Services as well as after you have stopped using the Services, either orally or in writing. Unless otherwise agreed in writing, Gofore Lead Oy is given an unlimited right to use such feedback in its field of business and related to any products and services without any obligation to you.

The Services may display content provided by others that is not owned by Gofore Lead Oy. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Gofore Lead Oy is not responsible for any actions you take with respect to your Content, including sharing it publicly.

Gofore Lead Oy may publish links in its Services to internet websites maintained by third parties. Gofore Lead Oy does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

3. Intellectual property rights

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). In addition, you are not granted any right to use Gofore Lead Oy’s trademarks or other brand elements.

4. Account management

An account issued to you by Celkee Insight® in connection with your use of the Services is your responsibility. You shall safeguard your password and any other credentials used to access that account. You are responsible for any activity occurring in your account. If you become aware of any unauthorized access to your account, you should notify Gofore Lead Oy immediately (email: insight-support@celkee.net).

Gofore Lead Oy may modify, prevent access to, delete, or refuse to display content that we believe violates these Terms. However, Gofore Lead Oy has no obligation to monitor or review any content submitted to the Services.

Gofore Lead Oy may send notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details associated with your account current and accurate.

5. Acceptable usage

You are responsible for your conduct, Content, and communications with others while using the Services. You shall only use the Services for their intent purpose. You must comply with the following requirements when using the Services:

(a) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

(b) You may not circumvent or attempt to circumvent any limitations that Gofore Lead Oy imposes on your account.

(c) You may not probe, scan, or test the vulnerability of the Services.

(d) You may not reverse engineer the Services, or attempt to do so.

(e) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

(f) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users.

(g) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

(h) You may not resell or lease the Services.

(i) You may not use our Services to process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership.

6. Termination of Services

You may terminate or stop using the Services at any time. Gofore Lead Oy may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms.

7. Changes and updates

Gofore Lead Oy may change these Terms at any time. Gofore Lead Oy may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to these Terms, you should stop using the Services, because by continuing to use the Services you indicate your agreement to be bound by the updated Terms.

Gofore Lead Oy is entitled to make changes to the Service a) to make enhancements and improvements to the Service itself, b) to mitigate security risks and c) to comply with laws, regulations or authorities. Gofore Lead Oy will make their best effort to detail any relevant changes to you in blog posts, customer newsletters or directly.

8. Disclaimers and limit of liability

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND Gofore Lead OY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Gofore Lead OY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Gofore Lead OY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF Gofore Lead OY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO Gofore Lead OY FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) 50.00 €.

You will indemnify and hold harmless Gofore Lead Oy and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

9. Other provisions

These Terms are governed by the laws of Finland.

If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.

A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

January 1st, 2024, Gofore Lead Oy