Terms of Use and
Privacy Policy
Definitions
- These Terms of Use of the Service govern the legal relationship between the Service Owner and Provider, Artify OÜ (registry code 11698794, Tondi 27, 11316 Tallinn, Estonia; hereinafter the Service Provider) and the Service User (hereinafter the Client) arising from the provision of the Service to the Client by the Service Provider.
- Client means a person that is bound by this Agreement (as specified below) and to whom the Service Provider has granted, in accordance with the Agreement, permission to use the Service under the Agreement.
- The invoice provider of Uku service is Uku Viam OÜ (registry code 11176647, located at Tondi 27, 11316 Tallinn, Estonia; hereinafter the Operator).
- Agreement means this agreement between the Service Provider, the Operator, and the Client regarding the terms of use of the Service.
- The Service is a web tool Uku (https://getuku.com), which is designed for managing and administering work.
- Uku is not a work time and vacation management system. Meanwhile, Uku offers the option to track tasks, time and absence. It does not check compliance with any legal regulations or company internal agreements.
- Artify does not offer consulting in work and rest time management, nor does it have legal expertise in this field.
- Client Account means the account created for the Client to use the Service.
- Content means the information available through the Service.
- Service Provider Content means the Content made available by the Service Provider to the Client through the Service.
- Client Content means Content produced by the Client through the Service.
Availability and backup
- The Service Provider shall use commercially reasonable efforts to ensure that the Platform and Services are available for the Client, function securely, reflect the newest technological solutions, and are comfortable to use. The Client understands and agrees that the Service Provider has the right to change, limit, improve and enhance the technical structure, security, availability, and functionality of the Platform at any time.
- Servers are hosted in Akamai / Linode cloud servers in European Union jurisdiction.
- Backups are done once in 24h, server snapshots once per week.
- Availability of service 99%.
Client Confirmations
- The Client confirms that he/she has a valid legal basis (and/or the necessary approval and consent from the Client’s legal or authorised representative) to enter into the Agreement, and therefore the Agreement is binding between the Service Provider and the Client.
- The Client confirms that the information provided by him/her upon registration for the Service is true, correct, and up to date.
- The Client confirms and agrees that the form and nature of the Service may change from time to time without prior notice to the Client by the Service Provider as a result of the Service Provider updating and improving the Service. Further, the Client confirms and agrees that the Service Provider may terminate the provision of the Service (or any feature of the Service) to the Client at his/her sole discretion without prior notice to the Client.
- The Client confirms and agrees that the Service Provider may have sub-organisations, subsidiaries or affiliates that provide the Service (or part of it) to the Client in place of the Service Provider.
- The Client confirms and agrees that the Service Provider holds all intellectual property rights to the Service, whether or not these rights are registered.
- The Client hereby agrees to use a computer connection for the conclusion of the Agreement and other agreements with the Service Provider. The Client hereby waives all rights under the laws requiring a physical (non-electronic) signature.
Client’s Responsibilities
- The Client may use the Service only for the purposes set forth herein (as described in this Agreement). The Client may not use the Service for illegal purposes.
- The Client undertakes to keep the password associated with his/her Account confidential. If the Client identifies the use of the password or unauthorised use of the Client’s account, the Client is obliged to notify the Service Provider by sending an email relating thereto to support@getuku.com.
- The Client undertakes not to use (or attempt to use) the Service through interfaces other than those provided by the Service Provider.
- The Client undertakes to refrain from any action that interferes with or disrupts the Service, including the servers providing the Service and the computer network that is associated with the Service.
- The Client must not in any way harm the Service Provider or other users of the Service.
Content
- Content provided by the Service Provider is protected by copyright. The Client may not copy, distribute, modify, rent, lease, lend, sell, distribute, create derivative works of, decompile or otherwise extract the source code of the Service or any portion thereof without the express permission of the copyright holder.
- The Client agrees and warrants that the Client is solely responsible for Client Content. The Service Provider is not liable in any way for Client Content.
- The User acknowledges and agrees that the Content is hosted on a server operated by the Service Provider and the User grants all the necessary rights thereto.
- The Service Provider shall take all reasonably necessary security measures to protect the Content from unauthorised access and malware and to preserve the Content and maintain its confidentiality.
- The Service Provider guarantees the confidentiality of the Content with reasonable care, does not use the Content for purposes that go beyond the scope of this Agreement and does not disclose the Content to third parties (except third-party service providers). The Service Provider has control over access to the Content. The Service Provider may disclose the Content if required by law or another legal basis, notifying the User thereof.
- If the Client creates, transmits, displays or otherwise makes the Content available, he/she shall have all rights, including copyrights and trademark rights. The Client undertakes to fulfil and respect the intellectual property rights of others.
- The Client undertakes not to create, transmit, display or otherwise make available Content that is unlawful, offensive, libellous, or invasive of others’ privacy (including viruses and other harmful code snippets).
- The Service Provider has the right to remove the Client’s Content or part thereof or delete the Client’s Account if the Client has not fulfilled the Agreement.
Right of use of the Service
- The Service Provider grants the Client the right to use the Service. The right to use is personal, non-transferable, and non-exclusive (Licence).
- The Client may not assign his/her rights under the Agreement to third parties.
- The Licence is issued for the sole purpose of enabling the Client to use the Service as provided by the Service Provider in a manner permitted by the Agreement and made available by the Service Provider.
Damages
- The Client agrees and warrants that he/she is solely and fully responsible for his/her Content and for the actions taken in his/her Account. The Client agrees and warrants that he/she is solely and fully responsible for any breach of this Agreement.
- The Client fully indemnifies the Service Provider against any damage (claims, liabilities, losses, expenses, damages and consequential costs, including legal fees) incurred as a result of a breach of the Agreement and/or actions on his/her Account.
Use of paid service
- The Operator has the right to charge a periodic fee for the Service.
- If the Client subscribes to a paid service, he/she will pay the prepayment for the selected period (month or year).
- The service is paid for in advance, and prepayment is non-refundable. The Operator shall not refund the prepayment and shall not offer credit for a partially used period. No exceptions are made in the interest of equal treatment of all users.
- The order will automatically renew at the end of the subscription period unless the Client cancels the order in his/her Account before the end of the current subscription period.
- The Service can be paid for with a credit card or a debit card with credit card features.
- The Client can access the issued invoices through his/her Account.
- All prices are exclusive of all applicable taxes unless otherwise stated. The Client is responsible for paying any such statutory taxes.
- At the end of the prepaid paid account period, the account becomes a free account and loses all paid account privileges. The Client always has the option to extend the paid account period with an additional prepayment.
- Conversion of a paid account to a free account may result in loss of data and loss of features in the Client’s account. The Service Provider shall not be liable for any such loss.
- The prices for the service can be found on the website getuku.com Price breakdown.
- The Service Provider may change the prices by notifying the Client thereof in due time. Prices will change from the beginning of the following subscription period.
Processing of personal data
- The Client is obliged to provide accurate personal information when registering the Account.
- The Client agrees to the processing of personal data to the extent described in the Agreement for the purpose of ensuring the quality of the Service.
- The Service Provider collects and stores personal data in electronic form, making excerpts of them in other formats as needed.
- The Service Provider processes personal data for the purpose of providing the Services to the Client and for transmitting information to the Client.
- Except as provided in the Agreement, the Service Provider shall not transfer, sell or disclose Customer Data to any third party without prior consent.
- The Service Provider has the right to transfer personal data to partners for the purpose of improving the Service.
- The Service Provider processes the following personal data of the Client: first and last name, email address, date of birth, telephone number (hereinafter referred to as Personal Data).
- The Service Provider processes the Personal Data of the User in accordance with the
- requirements of the Personal Data Protection Act.
- The Service Provider is not obliged to keep the Personal Data of the Users.
- The Service Provider shall inform the User as soon as he/she becomes aware of any accidental or unauthorised disclosure, use, damage, or destruction of his/her personal data.
- The Client has the right at any time to access his/her Personal Data and to correct the data in his/her Account or to request the deletion of the data unless otherwise provided by law.
- The User has the right to withdraw consent for the processing of the Personal Data at any time, to request the termination of the processing of Personal Data and the deletion of the collected Personal Data, as well as to close the Account. For this purpose, the Client shall submit a respective request to info@getuku.com.
- All data entered into Uku is processed in accordance with the requirements of the Personal Data Protection Act.
Privacy Policy
- Visitors to the website getuku.com agree to the use of cookies and similar technologies and to the collection, use, and sharing of personal information relating to them in order to provide a better Service and servicing.
- On the website getuku.com the Service Provider may use technologies that collect information about the use of the Service. Such information may include information about the Client’s package and customer communications, details of inquiries made, technical details, etc.
- The Service Provider understands and warrants that the Service Provider has no ownership of the User Data or the Content obtained through the use of the Service and understands and acknowledges that the User owns such Personal Data and Content.
Termination of the Agreement
- This Agreement is concluded for an indefinite period.
- The Client is entitled to terminate the Agreement without prior notice by notifying the Service Provider thereof.
- The Service Provider may terminate the Client Agreement at any time if:
- the Client has breached the Agreement or has acted in a manner that clearly indicates that he/she is not willing or able to perform the Agreement; or
- the need therefor arises from law (for example, if the Service or part thereof proves to be in conflict with the law).
- The Client takes into consideration and agrees that the Service Provider may:
- impose restrictions on the use of some parts or functionalities of the Platform (for example, the necessary data capacity for the use of the Services, the speed of uploading the Contents, the volume of the Contents to be saved, etc.) and Services;
- suspend or terminate the provision of the Services and the Platform and close any of its parts in case the Service is no longer commercially reasonable. In the case of closing the Platform, the Service Provider shall submit a notice to the Client to terminate the Contract under the Terms of Use.5
- Upon termination of the Agreement, the right to use the Service arising from the Agreement shall expire.
Disclaimer
- The Service is provided on an “as is” basis and the Service Provider does not provide any warranty to the Client in relation to the Service.
- Among other things, the Service Provider does not warrant to the Client that:
- the use of the Service meets the Client’s requirements and needs;
- the Service is free from malfunctions, interruptions, vulnerabilities, errors;
- the information obtained by the Client arising from the use of the Service is accurate, correct, reliable and
- up to date; errors in the functionality of the Service will be corrected;
- The Service is not covered by any warranty (including, but not limited to, satisfactory quality, fitness for purpose or description) not expressly set forth in the terms of this Agreement.
- The Service Provider shall not be liable to the Client for any direct or indirect damages (including loss of profit, data, goodwill or reputation) that may arise from the Client’s involvement with the Service. This is including for damages arising from:
- changes made by the Service Provider to the Service;
- short-term or long-term disruption of the Service;
- deletion, infringement or recording failure of Client Content;
- the Client’s failure to provide the Service Provider with adequate information on the Account;
- Client’s negligence in keeping password or Account details secret.
- The Service Provider is responsible for damages that cannot be excluded or limited by law.
Amendment of the Agreement
- The Service Provider has the right to change the Agreement unilaterally at any time. The updated version of the Agreement will be made available by the Service Provider on the Service’s website, and the Client will be notified accordingly. The Client agrees to monitor the Service Website to keep up to date with the latest changes to the Agreement.
- The Client agrees that if he/she uses the Service after a unilateral amendment to the Agreement, then he/she approves the amendments to the Agreement. If the modified Agreement is not acceptable to the Client, the Client shall immediately terminate the use of the Service.
Other terms and conditions
- The Service may include web links to external web sites or Content. The Service Provider is not responsible for web pages or Content created by third parties. The Client acknowledges and
agrees that the Service Provider is not responsible for the availability, compliance, or integrity of any external web sites or content. - In order to use the Service, the Client may need to use or download third-party services or software. Use of such services or software may be subject to separate terms and conditions. The Agreement does not affect the Client’s relationship with such third parties.
- The Client agrees that the Service Provider may provide the Client with notices regarding the Service (including those relating to the Agreement) by email.
Final provisions
- The Agreement sets out the entire agreement between the Client and the Service Provider for the use of the Service and supersedes all previously agreed arrangements regarding the provision of the Service to the Client by the Service Provider.
- The Agreement shall be governed by the laws of the Republic of Estonia.
- All disputes arising from the performance of the Agreement will be settled by negotiation. If no solution can be found, the parties will apply to the Harju County Court to resolve the dispute.
