Tuumik Systems OÜ ("Supplier"), a company registered in Estonia (registry code 14387706, address Värsi tn 14a, 10919 Tallinn, Estonia), develops a software application for team management that is made commercially available to customers ("Application"). This software is described in more detail at www.tuumik.com. These Terms of Service ("Terms") stipulate the terms and conditions under which the Supplier may provide to a customer ("Customer") and its users ("Users") any service in the form of Software as a Service in connection with the Application ("Service"). The Service may include, but is not limited to, the Supplier setting up a deployment of the Application or any other software related thereto for use by the Customer and its Users.
By using the Service, you are agreeing to be bound by the Terms. If you do not agree with the Terms, do not access or use the Service in any way.
The Supplier's contact data is available at www.tuumik.com.
In these Terms "Customer" shall mean any legal or natural person that has caused a deployment of the Application to be set up for its use either by itself, the Supplier or via third parties. And "User" shall mean any person that has received authorized access to the Application via a deployment set up for the Customer.
1.1 All intellectual property related to the Service shall belong to, and is retained by, the Supplier. The Customer shall not acquire any rights thereto in connection with using the Service, except for the limited rights of use expressly set forth in the Terms.
2.1 For use of the Service the Customer shall pay to the Supplier a recurring subscription fee. The amount of such fee shall depend on the subscription plan and quantity selected by the Customer.
2.2 Payments are non-refundable. There are no refunds or credits for partial use of the Service.
2.3 A valid credit card is required for payment of fees.
2.4 All fees are exclusive of any taxes, levies or duties imposed by taxing authorities, except when otherwise required by mandatory law. Customer is solely responsible for the payment of such taxes, levies or duties.
2.5 If the Customer's subscription to the Service depends on a billable quantity (for example the number of Users using the Application) and the Service is not configured to update the Customer's subscription with this data automatically, then the Customer shall manually update its subscription with the relevant data at least once per year unless agreed differently between the parties.
3.1 Subject to the Supplier's sole discretion, the Supplier may stipulate a subscription plan under which the Service can be used free of charge.
3.2 The Supplier may change the conditions of any free subscription plan at any time without prior notice.
4.1 Subject to the Agreement, and the payment of applicable fees, the Supplier grants the Customer and its Users a non-exclusive, non-transferable, non-sub-licensable license to use the Service during the period that the Customer subscribes to the Service.
4.2 All intellectual property related to the Service shall belong to, and is retained by, the Supplier. The Customer nor its Users shall not acquire any rights thereto in connection with the Service, except for the limited rights of use expressly set forth in the Terms.
5.1 The Supplier may, at its sole discretion, modify the structure or prices of any fees applicable to the Customer in relation to the Service or any other condition of a subscription plan at any time and for any reason by giving 30 days of notice, unless agreed differently between the parties.
5.2 If a Customer does not agree with any changes to any fees or subscription plans, then its sole remedy shall be to terminate its use of the Service.
6.1 The Customer may terminate its subscription to the Service at any time.
6.2 If the Customer is in breach of the Terms, then the Supplier may terminate or suspend the Customer's subscription to the Service.
7.1 The Service is provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Supplier disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
7.2 The Supplier in particular makes no representation and gives no warranty or guarantee: (a) that the Service is fit for any particular purpose, accurate, timely, of satisfactory quality, available regardless of, or in any specific, jurisdiction, or non-infringing of third-party rights; (b) that access to or the operation or use of the Service will be uninterrupted, secure or error-free; (c) that any error or defect in the Service will be corrected; (d) that the Service or any means by which it is accessed or used are free of malware or other harmful components.
8.1 The Supplier shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (a) the use of or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of Customer's transmissions or data; (d) statements or conduct of any third party on the Service; (e) or any other matter relating to the Service.
8.2 In no event shall the aggregate liability of the Supplier arising out of or related to the Terms exceed the total amount paid by the Customer hereunder for a subscription to the Service giving rise to the liability in the six months preceding the first incident out of which the liability arose.
9.1 The Provider's Privacy Policy, available at www.tuumik.com/legal/privacy-policy, is hereby incorporated into the Agreement by reference. The Privacy Policy governs how the Provider processes any personal data in connection with the Service.
10.1 The Agreement shall be governed by the laws of the Republic of Estonia.
10.2 Any dispute arising out of the Agreement shall be resolved in Harju County Court in Estonia.
Last update: December 8, 2024