Teenustingimused
General Terms
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
Astrec Data provides cloud-based infrastructure and software service pilw.io for the customers (“Customer” or “you”). The contract between Astrec Data and the Customer is created at the time of initial registration by clicking “Sign Up”. In connection with the registration procedure the Customer will create a service account. The contract is comprised of the order form (“Order”) which the Customer has submitted through the Site, resource descriptions attached or referred to in the Order, the service level agreement (“SLA”), the acceptable use policy (“AUP”), Privacy Policy and these Terms of Service (all together referred as “Contract”). Astrec Data provides the Customer with the Services, which are specified in the Order.
Service Account
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.
Charges
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.
Payment Terms
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
Astrec Data will comply with applicable privacy and personal data legislation. Privacy Policy is an integral part of the contract between Astrec Data and the Customer.
Confidentiality
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.
Limited Warranty
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.
Temporary Suspension
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.
Termination
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.
Service Level Agreement
Scope
This service level agreement (“SLA”) is an integral part of the Contract between Astrec Data and the Customer.
Service Guarantee
Astrec Data will guarantee 99.99% pilw.io virtual server and network availability to the Customer. The network will be deemed available if Astrec Data’s routers and switches are available and responding properly. For all unscheduled interruptions in the provision of the Services, which are due to hardware or telecommunications failures that last longer than 5 minutes, Astrec Data shall offer compensation to the Customer.
Scheduled Interruptions
Astrec Data will notify the Customer by e-mail or on pilw.io website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which Astrec Data may deploy without prior notice.
Error Notifications
In case of an interruption in the Services, the Customer has to notify Astrec Data by e-mail to support@pilw.io. The interruption is deemed to begin when the failure starts to affect the Customer’s use of the Services, and to end when the failure has been corrected. Astrec Data will notify the Customer about the correction of the failure.
Payment of Compensation
When a failure in the Services has been corrected, Astrec Data will offer the Customer compensation which the Customer may reclaim within 15 days. The compensation will be paid to the Customer’s service account in the form of credits and may not be exchanged for cash or other forms of payment.
Amount of Compensation
The amount of compensation will be 50 times Astrec Data’s charges for the Services allocated for the period of the interruption of the Services. The maximum amount of compensation for an individual interruption is 100% of Astrec Data’s charges for the Services during 30 calendar days preceding the interruption. The total sum of aggregated compensations cannot exceed 250% of Astrec Data’s charges for the Services during 30 calendar days preceding the latest interruption.
Sole Remedy
The above-mentioned payment of compensation will be the sole remedy of the Customer for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, Astrec Data’s decision on the issue will be binding and final.
Exemptions from Service Guarantee
The following situations will be exempt from Astrec Data’s service guarantee:
- Scheduled interruptions
- Failures caused by errors in third party software utilized in the Services
- Failures in products or services which are not included in the Services
- Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Services
- Violations of Astrec Data’s acceptable use policy
- Failures due to hostile actions by third parties such as denial-of-service attacks
- Interruptions resulting from law and public authority enforced activities
- Customer does not have sufficient pre-paid balance on the Customer’s service account for the use of the Services at the time of the interruption in the Services.
No compensation will be payable to the Customer during a free-of-charge trial period.
Acceptable Use Policy
Scope and enforcement
This acceptable use policy (“AUP”) is an integral part of the Contract between Astrec Data and the Customer. AUP applies to all Services provided by Astrec Data. Violation of AUP may result in suspension or termination of your Service Account.
Customer’s Legal Compliance
The Customer is responsible for all of its activity in connection with the Services and the activity of any sub-user that uses Customer’s Service Account. The Customer is responsible for complying applicable laws and regulations while using the Services.
Abusive or Illegal Usage
The Customer is not entitled to use the Services for purposes which Astrec Data deems to be illegal, offensive, abusive or promote and foster such irresponsible behaviour as well as actions contrary to accepted Internet norms or behaviour that threatens Astrec Data’s infrastructure. This includes but is not limited to:
- Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network; Involvement in fraudulent activities;
- Use of the Services in connection with fraudulent activities
- Unauthorised access to systems, networks and data including attempts to identify vulnerabilities in systems and networks without the express permission of the system or network owner;
- Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations;
- Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence:
- Use of an Internet account or computing without the owners’ authorisation;
- Monitoring of data and network traffic without the owners’ authorisation;
- Collection of user information (including financial information) and email addresses without the consent of the person identified;
- Interference with service to other users of computer systems or networks, including denial of service attacks;
- Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abusive if they were carried out by Astrec Data;
- Use of Astrec Data services to distribute software that covertly transmits user information and advertising delivery software (unless said software includes user consent and easy removal using standard established methods); and
- Any other misuse of our or other computer systems.
Threat to Infrastructure
Astrec Data prohibits all uses of Services which to threaten Astrec Data’s infrastructure. The Customer may not use the Services in any way that causes security risks to the Service or interferes with the operation of the Services. This includes but is not limited to:
Usage which imposes excessive load beyond that expected from a typical server; Virtual server configurations with inadequate security, allowing unauthorised third-party access; and Attempts to circumvent Astrec Data’ mechanisms for controlling, monitoring or billing usage.
Mass Emailing
If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive Astrec Data’s written consent. The Customer must comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications.
Privacy Policy
Astrec Data OÜ (“we”, “us” or “our”) considers the privacy of our visitors to be extremely important. This Privacy Policy document describes in detail the types of personal information collected and recorded by pilw.io (“Site”) and how we use it.
Personal information collected
If a visitor registers to the Site, we collect and store information that personally identifies visitor, including the full name and e-mail address for all customers (“Personal Information”). If a customer decides to pay for the service, we also ask them for billing related information to successfully process the payment request. The decision to provide this information is optional. However, if customer chooses not to provide the requested information, the customer may not be able to use some or all of the features of the Site or services. We may also receive additional Personal Information, such as customer’s name, address, and payment information, from service providers, like our payment processors.
Security of personal information collected
The processing of personal data, such as the name, address or e-mail address of a data subject shall always be in line with the General Data Protection Regulation (“GDPR”), and in accordance with the country-specific data protection regulations applicable to us. As the controller, Astrec Data has implemented technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
Access to personal data
Our customers can access their personal data, including name, company, e-mail, password, address and company VAT number, through your profile panel. Customers have the ability to change and delete the data on file through the Astrec Data profile panel, except for the username and password which are required to enter the service in a secure manner. Astrec Data stores all usage data of activities that logged in users perform. This includes, but may not be limited to, what activities are done inside the customer’s profile, IP-addresses that the customer logs in from and with which user account. If you need help in deleting your personal data, please send an e-mail to support@pilw.io from the e-mail address you registered your account with.
Disclosure of personal data
Astrec Data does not disclose any personal data to any third party for any reason, especially for purposes of advertising. Astrec Data will comply with requests by law officials under applicable EU/Estonian laws for investigation of criminal complaints or where required by court order.
Purposes of the data processing
Astrec Data collects and processes your personal data in order to:
- Provide you with the services that you seek from the Site;
- Improve our Site and services;
- Ensure the security of the Site;
- Beyond these purposes, we process your data only if you have granted express consent for its stated purposes.
Cookies
When you visit the Site, our system automatically collects information about your visit, such as your browser type, your IP address, and the referring website. Such information is typically collected using web cookies, web or email pixels (also known as beacons), embedded hyperlinks, and similar tools. Popular browsers can generally be set to disable or delete individual cookies.
Consent
By using the Site, you hereby consent to our Privacy Policy and agree to its terms.
Right to erasure
You have the right to obtain from us the erasure of personal data concerning you according with the Article 17 of the GDPR. Please address your questions to us through privacy@pilw.io or send them via post to Valukoja 7/1, 11415 Tallinn, Estonia.
Amendment of the Privacy Policy
We have the right to amend the Privacy Policy unilaterally whilst adhering to the requirements stipulated in the Personal Data Protection Act or other legislation. We inform the customer of any amendments made to the Privacy Policy at least 1 (one) month before the amendment enters into force.
Contact details
The customer has the right to contact us or file complaints using the following contact details:
Astrec Data OÜ
Registry code: 12626294
Address: Valukoja street 7/1, Tallinn, Estonia
Telephone: +372 657 9560
Notice
Astrec Data OÜ
Valukoja 7/1
11415 Tallinn
Estonia
Executive management
Kaur Kiisler, Sven Reppo
Contact details
+372 657 9560
info@astrecdata.com
Registry entry
Court of registration: Tartu County Registration Department
Registration number: 12626294
VAT number: EE101709080
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