Terms of Service
Effective Date: 2024-12-11
Welcome to IOXIO® Dataspace (the "Service"). These Terms of Service ("ToS") govern your use of our Service. By accessing or using our Service, you agree to these Terms of Service and the Privacy Policy. If you do not agree, please refrain from using the Service..
1. General Information
The Service is operated by IOXIO Ltd, a company registered in Finland with the business ID 2464491-9.
2. Definitions
- User: Any individual or entity utilizing the Service.
- Data Controller: The entity that determines the purposes and means of processing personal data.
- Data Processor: The entity that processes data on behalf of the Data Controller.
- Service: The website, APIs, and associated features of our Dataspace technology provided by IOXIO Ltd.
- Fair Use Policy: Guidelines to ensure the equitable use of the Service for all users, preventing misuse or excessive usage.
3. User Obligations
3.1. Users must comply with all applicable laws and regulations when using the Service.
3.2. Users are responsible for ensuring the accuracy, legality, and rights to any data shared with the Service.
3.3. Users must not use the Service for any unlawful or unauthorized purposes.
3.4. Users must adhere to the Fair Use Policy (Section 4).
3.5. Users are solely responsible for ensuring compliance with all legal requirements, including GDPR, related to their data and its processing. Users processing data on the Service are required to maintain their GDPR contact information up-to-date and ensure that requests they receive are properly processed.
3.6. Users are required to behave reasonably and respectfully while using the Service, towards IOXIO Ltd personnel, and other Users.
- We do not tolerate spreading misinformation about IOXIO Ltd or the Service, especially when referring other Users to it. Do not make false, misleading, untrue, or inaccurate claims about the Service or try to deceive anyone on the Service.
- Any kind of threats, abuse, defamation, or other harassment of anyone on the Service, or anyone affiliated with IOXIO Ltd, including invasion of privacy, or posting obscene, offensive, or profane content is not allowed.
- You are not allowed to attempt to use the Service or our community to advertise for yourself. You cannot perform commercial activities such as contests, sweepstakes, bartering, or advertisement, related to your account in any way without prior written permission from IOXIO Ltd.
- Do not attempt to, in any way, hack other Users of the Service or IOXIO Ltd, or perform any actions in attempt to harm other users of the Service, without prior written agreement with IOXIO Ltd about performing authorized security testing.
- Do not try to interfere with the proper functioning of the Service, or bypass security measures of the Service.
- Do not try to break into, damage, or in any way access any system, data, passwords, or other information in the Service or any other parties, incl. IOXIO Ltd.
- Do not use any kind of crawlers, spiders, or similar means (manual or automated) to harvest data from the Service.
- Do not attempt to reverse engineer any components of the Service.
- Verbal, physical, written, or other abuse, including but not limited to threats of abuse or retribution, of any customer of the Service, company employee, agent, or officer, may result in immediate account termination.
3.7. You must be a human to use the Service and our community. Accounts registered by bots or other automated methods are not permitted.
4. Fair Use Policy
4.1. The Service is offered under a Fair Use Policy, which allows Users to perform transactions without specific limits on volume or pricing, provided their usage is reasonable and aligns with the intended use of the Service.
4.2. We reserve the right to determine what constitutes fair use based on reasonable and objective criteria, including transaction volume and frequency, and normal use by others.
4.3. Violation of Fair Use:
- Violation occurs when a User's data transfers or transactions significantly exceed typical usage patterns or are deemed disproportionate to standard use.
Examples of violations include but are not limited to:
- Unreasonably high transfer volumes that could disrupt the Service.
- Automated or excessive transactions inconsistent with regular use.
4.4. Consequences of Violation:
- We reserve the right to suspend or terminate User accounts in case of a Fair Use Policy violation.
- Where possible, Users will be notified prior to suspension or termination and provided an opportunity to adjust their usage or provide clarification.
- We may offer the option of moving the User to a new pricing tier for continued use of the Service.
5. Our Responsibilities
5.1. We provide the Service for our Users to use under best-effort terms.
5.2. We ensure our own operations are in compliance with Finnish and EU laws, including GDPR.
5.3. We provide transparency into the security we provide for data transfer and storage on our Service.
6. Data Protection
6.1. We process Personal Data solely to provide the Service, in accordance with GDPR and our Privacy Policy.
6.2. Users retain full control over the data they share with other Users through the platform. We will not store, sell or share data without explicit consent.
7. Exclusions of Liability
7.1. The Service is not liable for any actions taken by recipients of data shared through the Service.
7.2. Customer Data Responsibility:
- We are not responsible for verifying the accuracy, legality, or completeness of data shared by Users.
- Users are responsible for ensuring they have the legal right to process or transfer the data they share.
- We disclaim liability for any unlawful, harmful, or objectionable content shared by Users.
7.3. Unauthorized Use:
We are not liable for damages caused by unauthorized or improper use of the Service, including but not limited to:
- Data transfers that violate third-party rights or laws.
- Use of the Service for unlawful purposes.
7.4. Third-Party Interactions:
- We are not liable for failures, breaches, or disruptions caused by third-party services, APIs, or integrations.
- We disclaim responsibility for data actions or consequences initiated by data recipients.
7.5. Security and Breaches:
- We are not responsible for data loss caused by User errors, force majeure, or cyberattacks beyond reasonable preventive measures.
- Our liability for data breach consequences is limited to compliance with GDPR notification requirements.
7.6. Performance:
- We disclaim liability for interruptions, downtime, or delays caused by technical issues, maintenance, or infrastructure disruptions, except in a case where the User has subscribed to a specific Service-Level Agreement (SLA) with IOXIO Ltd.
7.7. Indirect or Consequential Damages:
- We exclude liability for indirect, incidental, or consequential damages, including loss of business, profits, reputation, or costs incurred for data recovery.
7.8. Compliance and Legal Risks:
- We are not liable for legal risks associated with cross-border data transfers or penalties incurred by Users for regulatory non-compliance.
7.9. IOXIO Ltd may link to other services and websites. IOXIO Ltd is not able to make any guarantees of 3rd party websites, and you access them at your own risk. Links from the Service do not mean endorsements.
8. Fees and Payments
8.1. The Service may include free or paid features. We currently negotiate payment terms on a case-by-case basis and they will be outlined in your contract with us.
9. Intellectual Property
9.1. IOXIO Ltd’s Intellectual Property:
- All content, trademarks, software, designs, features, and functionalities of the Service (collectively, the "Service Content") are the exclusive property of IOXIO Ltd or its licensors.
- Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service solely for its intended purpose, as outlined in these Terms of Service.
- Users may not copy, distribute, modify, reverse-engineer, or create derivative works of any part of the Service Content without prior written consent from IOXIO Ltd.
9.2. User Intellectual Property:
- Each User retains ownership of all rights, including intellectual property rights, to their own data, content, integrated services, and any software, applications, or solutions they use in connection with the Service ("User Content").
- By using the Service, Users grant IOXIO Ltd a limited, non-exclusive, and revocable license to process, store, and transmit their User Content to provide the Service and fulfill their instructions, as well as the other functions described in this document and the Privacy Policy.
- IOXIO Ltd does not claim ownership of any User Content and will not use it for any purpose beyond what is outlined in this document and the Privacy Policy, or is otherwise necessary to provide the Service.
9.3. Respecting the Intellectual Property Rights of Other Users:
- Users must respect the intellectual property rights of other Users when sharing or accessing data or content via the Service.
- Users may only use, process, or share another User’s data or content if they have obtained explicit authorization from the owner of that data or content.
Users are strictly prohibited from:
- Using another User’s data or content for any unauthorized or unlawful purposes.
- Misappropriating or infringing on the intellectual property rights of other Users.
- Users agree to indemnify IOXIO Ltd against any claims arising from their unauthorized use or infringement of another User's intellectual property rights at their own expense.
10. Commercial Agreements Between Users
10.1. Users are solely responsible for negotiating and agreeing upon any commercial or cost-related terms for the sharing, offering, or consumption of data between themselves.
10.2. IOXIO Ltd may choose to offer the ability for their Users to form agreements between themselves related to the sharing, offering, or consumption of data between themselves.
10.3. IOXIO Ltd may choose to offer the ability to set pricing models, and ability to handle payments between the Users of our Services based on the pricing the Users have agreed to.
10.4. IOXIO Ltd disclaims all responsibility and liability for pricing models, financial outcomes, or fiscal liabilities (e.g., taxes) arising between Users.
11. Moderation actions
11.1. IOXIO Ltd reserves the right to perform Moderation Actions when the use of the Service is not in accordance with the Terms of Service, Privacy Policy, or general good manners.
11.2. The Moderation Actions may include for example:
- Changing the name of your group(s) or reassigning you and your data to a new group.
- Changing the names, descriptions, email addresses, or other information you’ve published on the Service.
- Temporarily disabling your access to the Service or e.g. any community.
- In extreme cases, where warnings or other Moderation Actions are not deemed appropriate or proportionate, termination of your account.
11.3. We reserve the right to perform other reasonable Moderation Actions as we see fit, but will try to ensure that these Terms of Service are updated accordingly whenever we start implementing them
11.4. If your violation of these Terms of Service or the Privacy Policy results in the termination of your account, or any limits on your ability to use the Service, you are not entitled to any refunds and IOXIO Ltd is in no way liable to you for any damages incurred to you.
11.5. In case of any Moderation Actions taken towards your account, we will attempt to notify you with reasonable means, typically to the email address registered with us.
12. Amendments
12.1. We may update these Terms of Service from time to time. Changes will be posted on this page, with the "Last updated" date revised. Significant changes will be communicated via any reasonable means, such as email or notifications on the Service. Changes will take effect on the date on the updated Terms of Service, but at least a minimum of 30 days after notification.
12.2. Continued use of the Service constitutes acceptance of the updated Terms of Service.
13. Governing Law
13.1. These Terms of Service are governed by Finnish law.
13.2. Disputes shall be resolved in the Helsinki District Court unless otherwise required by law.
14. Contact Information
You can contact us if you have any questions or concerns. Technical support is provided by email or our Community Slack. Responses are provided on a reasonable effort basis without guaranteed response time, unless you have a separate active Service-Level Agreement (SLA) subscription with IOXIO Ltd.
Email: [email protected]
Address: IOXIO Ltd, Keilaranta 3 A 305, 02150 ESPOO, FINLAND