Terms of Service
Scope and eligibility
The use of services (pilw.io) provided by Astrec Data OÜ ("Astrec Data") is subject to the following Terms of Service (“Terms of Service”).
By using the pilw.io website (“Services” or “Site”) you are agreeing to be bound by the Terms of Service. The parties expressly acknowledge that the Services are neither intended nor fit for use by consumers. The Service provider is Astrec Data OÜ, a private limited company established under Estonian law, Estonian commercial register code 12626294, location Valukoja street 7/1, Tallinn, Estonia.
Astrec Data reserves the right to update and change the Terms of Service from time to time without notice. In case of material change to these Terms of Service, Astrec Data will notify the Customer by posting an announcement on the Site. Amendments and modifications shall take effect immediately when posted on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.pilw.io/termsofservice. Violation of any of the terms below will result in the termination of your service account.
Provision of Services
The Customer will be responsible for activities that occur under the Customer's service account, including actions taken by the Customer's employees and other representatives as well as their compliance with user instructions and the AUP. The Customer must promptly notify Astrec Data if the Customer suspects that an unauthorised third party is using or may have access to the Customer's service account.
Third Party Software
The Customer must comply with third party software license terms if the use of such software is offered by Astrec Data for the provision of the Services, or if such software is obtained and uploaded in the Services by the Customer.
External Back-Up Copies
The Customer is responsible for appropriate back-up of its content, which is stored in the Services, outside Astrec Data's network.
Changes to Services
Astrec Data is entitled to develop its services and business offerings. In case of a change in the Services, Astrec Data will notify the Customer in advance. If Astrec Data considers that a change will have a material effect in the Services, Astrec Data will notify the Customer at least 30 days before the change will be affected and reserve the Customer a possibility to terminate the Services.
The charges of the Services are specified in the “Create New Resource” Order. Unless otherwise agreed, Astrec Data charges the Customer for each one-month period of the Services according to the price list which is valid at the time. The charges stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise.
The Customer must select payment method at the time of submitting an Order. Astrec Data reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Payment for Services is due of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until the Customer follows Astrec Data termination procedure. Invoices are made available on the Customer's service account.
Privacy and Personal Data Protection
Each party shall keep the other party's confidential information as strictly confidential, shall not disclose it to any third party, and shall not use it for any unauthorised purposes. These obligations of confidentiality shall survive the termination of the Contract.
Intellectual Property and copyright
All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Services, including suggestions for improvements made by the Customer, will remain the exclusive property of Astrec Data or its licensors.
Limitation of Liability
The Customer acknowledges that the Service provided is of such a nature that Service can be interrupted for many reasons other than the negligence of Astrec Data and that damages resulting from any interruption of Service are difficult to ascertain. Therefore, the Customer agrees that Astrec Data shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Astrec Data. The Customer further acknowledges that Astrec Data’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the Customer for Services during the period damages occurred. In no event shall Astrec Data be liable for any special or consequential damages, loss or injury. In order to be valid and enforceable, all claims for direct damages must be made within 30 days from the date the damage was or should reasonably have been noticed by the Customer.
Nothing in these Terms of Service shall exclude or limit Astrec Data’ liability for death or personal injury caused by negligence, fraud or any liability which cannot be excluded by applicable law.
The Services are provided on "as-is" and "as-available" basis. Except to the extent prohibited by applicable law, Astrec Data disclaims all warranties including, without limitation, any implied warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance. Astrec Data does not warrant and shall not be liable for any damage or viruses which may infect Customer’s computer equipment or other property by reason of your access to, browsing or use of the Site.
If the Customer has breached the provisions of the Contract or Astrec Data has justifiable reasons to believe such a breach exists, Astrec Data may temporarily suspend the provision of the Services.
The Customer may terminate the Contract for any reason by issuing 5 days written notice to Astrec Data. Astrec Data may terminate the Contract for any reason by issuing 30 days written notice to the Customer.
Termination due to violations
Astrec Data reserves the right, in its sole discretion, to terminate Customer’s access to all or any part of the Services at any time, with or without notice, effective immediately as a result of your violation of any of the Contract or any applicable law.
Waiver and Severability
The failure of Astrec Data to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the parties.
Entire Agreement and Amendments
The Contract constitutes the entire agreement and supersedes all previous commitments between the parties in respect of the provision of the Services on behalf of Astrec Data. All amendments to the Contract must be made in writing.
Choice of Law and Forum
These Terms of Service and the relationship between the parties shall be exclusively governed by the laws of Estonia without regard to conflict of law principles, or international conventions. The exclusive jurisdiction for any dispute resolution is the Harju County Court in Tallinn Estonia.