Terms and Conditions of Use

Last updated: May 25, 2011

1. Your Use of Our Services

Your use of the Zervant product, the product’s website at zervant.com and any other application, software, services, websites and other related services provided by us, Zervant.com (collectively “Services”) is subject to the terms set out below and any other terms applicable to the Services from time to time (collectively the “Terms”).

“We” or “Zervant” means Zervant Oy, Tekniikantie 12, 02150 Espoo, Finland.

“Subscriber” means a customer of Zervant.

“User” means any user of the Services, including without limitation Subscribers, customers of Subscribers, members of the Zervant forum and people who post comments on the Zervant blog.

These Terms and any of the documents referred to in the Terms form the legally binding agreement between us relating to the Services and your use of the Services. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you will not be able to access the Services.

Zervant will offer the Services only to such Subscribers who qualify as entrepreneurs. If you qualify as a consumer under applicable consumer protection legislation, you may not become a Subscriber. By using the Services, the Subscribers represent and warrant that they are not consumers. While certain Services are available to Users other than Subscribers, such Users are not customers of Zervant and Zervant has, accordingly, no liability towards such Users.

If you have any questions about the Terms, please email us at support[at]zervant.com.

2. Privacy Policy

In general, you can use some of the Services without giving us any information. Some of the Services do, however, require that we receive information about you. Some of the information that we collect will be “Personal Data”. This means data related to you and which identifies you.

We may use information about you for any of the following purposes: to register you for the Services; to administer the Services and to allow you to use the Services; for assessment and analysis of our market, customers, products and services; to enable us to monitor, review and improve the products and services which we offer; for internal record keeping; and for marketing purposes.

We collect information about you using various methods, including when you submit it through the Services and when you telephone or email us, or correspond with us by means other than through the Services. We will not retain information about you for longer than is necessary for the purpose for which it was intended, or as required under any contract or by law.

We will not disclose your Personal Data to any third parties without your consent, except to a company of the Zervant group; where it is necessary to enable any of our employees or commercial partners to provide a service to us or to perform a function on our behalf (including providing any services that we provide to you now or in the future); or if we are required to or are permitted to do so by law. For any disclosure of your Personal Data to any third party, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use your Personal Data for any purpose other than purposes that we specify and in accordance with the purposes outlined in this policy, and keep it secure.

We may use information about you which we hold in order to provide you with information about products, promotions, and other such information which we believe may be of interest to you if you select to receive such information by email and/or post when you complete the registration process. You can change your mind about your preferences in respect of direct marketing by using the unsubscribe information on every such mailing or by updating your user profile. You can do this at any time. If you do so, we will not remove your Personal Data from our database(s) but we would note your changed preferences as soon as reasonably possible.

Zervant will act as the data controller. The contact details for Zervant can be found under Section 17 below.

3. Registration Data; Account Security

If you register for the Services, you agree to (a) provide accurate, current and complete information (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Zervant, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Zervant. You are responsible for all activity on your Zervant account, and for all charges incurred by your Zervant account.

4. Fees and Charges

Fees and any other charges for the use of the Services are described on the Services’ website. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

All Services purchased are non-transferable and non-refundable. You will not receive repayment for any Services you do not use even when you terminate your use of the Services with immediate effect during an already paid billing period.

5. Ownership, User Content, Copyright and Trademarks

All information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement in the Services, is called “Content”. Content provided by Users, whether they are Subscribers, customers of Subscribers or other Users, is called “User Content”.

Other than the User Content, the Services, all Content and all software available through the Services or used to create and operate the Services is the property of Zervant or its licensors, and is protected by Finnish and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people.

The Services may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post User Content. User Content submitted to any public area of the Services will be considered non-confidential. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any unlawful or offensive materials, any promotions or advertisements, private information of any third party, viruses or other harmful materials or any other material that could be considered inappropriate.

Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services.

6. Your Limited License of User Content to Zervant

By posting or distributing User Content to or through the Services, you (a) grant Zervant and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, sublicense, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time uses such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If you send to Zervant or post on the Services in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing of products or services incorporating such information, you acknowledge that Zervant can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Services or send them to us.

7. Our Limited License of Content to You

Zervant grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you trough the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Services or the Content, or reproduce, distribute or display the Services or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for its intended purpose.

8. Credit Card Information

Zervant does not store credit card information unless the Subscriber inputs credit card data into the auto-billing feature within Zervant's recurring profiles module.

While Zervant endeavours to ensure that all credit card and other confidential information remain secure, it can assume no liability of the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers. When you use Zervant, you accept that Zervant is not liable for the security of your credit card information (save in cases of gross negligence or willful misconduct by Zervant).

9. Third Party Sites and Advertisements

The Services may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. When you leave our website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Zervant may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Zervant, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Zervant is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

10. Warranty Disclaimer

The Services and the Content are provided to you on an “as is” basis without warranties from Zervant of any kind, either express or implied. Zervant expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or guarantee that the Services will be (i) compatible with all or any hardware and software which you may use; (ii) available all the time or at any specific time, uninterrupted, secure or error free; or (iii) suitable for your requirements or meet any specific level of performance or functionality. We reserve the right to withdraw or modify the Services at any time.

While Zervant attempts to make your access to and use of the Services safe, Zervant does not represent or warrant that the Services or any Content are free of viruses or other harmful components.

11. Limitation of Liability; Indemnity

We are only liable to you for direct losses which you suffer as a result of a breach of these Terms by us. Our liability to you shall under no circumstances include indirect damage or loss or any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. In any event, our liability to you for any breach of these Terms, negligence or other default shall not exceed the amount of fees paid by you to us during the relevant billing period (which may not exceed twelve months).

Subscribers may produce certain calculations (e.g. tax form, return or notification purposes our accounting purposes) using the Services. The outcome of such calculations will depend on the information input by the Subscriber and on the functions and formulas used to make the calculations in the relevant Services. Subscribers are solely responsible for providing correct and complete information for making any such calculations. Zervant assumes no liability for the correctness or completeness of any calculations, tax forms or returns reproduced through the Services irrespective of whether any incorrectness is attributable to information input by a Subscriber or to any functions or formulas used in the calculations. It is for the Subscriber to verify that all calculations are correct.

By using the Services, you agree to indemnify and hold harmless, Zervant and other companies and corporations in the Zervant group against any reasonable costs, damage, claims, liabilities and expenses incurred as a result of your breach of these Terms and/or any other terms applicable to the Services.

12. Communications

We may provide notices to you either by way of email or through the Services, including posting notices on the website.

13. Changes to the Terms

Zervant reserves the right to make changes to the Terms from time to time by updating the Terms on its website, or by notifying you by email or otherwise. You are advised to check these Terms periodically for notices concerning revisions. In case we make changes to the Terms which may affect you adversely, we will notify you in advance within reasonable time before such change enters into effect. Your continued use of the Services shall be deemed to constitute acceptance of any revised or updated Terms.

14. Applicable Law and Venue

These Terms and your use of the Services shall be governed by Finnish law without regard to its conflict of law provisions. The District Court of Helsinki shall have exclusive jurisdiction in all disputes, claims or other matters arising from or relating to these Terms or your use of the Services.

If you choose to access the Services from locations other than Finland, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Zervant for your failure to comply with any such laws.

15. Inactive Accounts; Termination of Agreement

If your account is inactive for at least twelwe months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If after your account has been deactivated it stays inactive for [12] months, we may terminate it without further notice.

You may end your use of the Services and your client relationship with Zervant at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. Zervant will provide no refunds when you terminate your use of the Services even when you terminate your use of the Services with immediate effect during an already paid billing period.

Notwithstanding any provision of these Terms, Zervant reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your right to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

If these Terms expire or terminate for any reason, Sections 5, 8, 10, 11, 14, 15 and 16, and any representation or warranty you make in these Terms, shall survive indefinitely.

16. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Zervant may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Zervant, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Zervant regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Zervant regarding your use of the Services.

17. Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us here:

Zervant Oy

Tekniikantie 12
02150 Espoo
Finland
Phone: +358 (0)9 2316 5575
Email: support[at]zervant.com