Welcome to the website operated by Warrantify Oy (hereafter referred to as "Warrantify," "we," "us," or "our"), a Finnish Limited Liability Corporation. Warrantify maintains warrantify.com (hereafter "site"), as a service to our users and visitors (our site and such services, collectively, our services"). By clicking "I AGREE," accessing or using the services, you indicate that you understand and agree to these terms. If you do not agree to this Agreement, then do not use the services.
This Agreement describes the general terms governing your use of the Warrantifyonline services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
Warrantifys Privacy Statement available on this website or provided to you in the documentation for the services you have selected.
Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.
2. USER ACCOUNTS
To use the Warrantify Services, you will be required to create an account and provide information about yourself to us. You are responsible for all activities that occur in connection with your account and for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Warrantify reserves the right to suspend access to or close your account at any time for any or no reason. You may not impersonate someone else, provide an email address other than your own. You must provide complete and accurate information about yourself and, if applicable, the business you represent. Warrantify reserves the right to establish account limitations on storage, and/or the quantity, size and format of receipts or other Content permitted for upload to the Warrantify Services, and may change such limitations from time to time, and the changes will be effective when posted on the Warrantify Services website or when we notify you by other means.
3. TRANSACTION INFORMATION - SPENDING DATA
You acknowledge that by using the Warrantify Services, you grant Warrantify permission to use information about your transactions and spending data to provide the Warrantify Services to you and to enhance and customize the features, advertisements and services presented to you as part of the Warrantify Services. You acknowledge that any relationship that you have with retailers who participate in Warrantify outside of the Warrantify service may result in the retailer may collect transaction and other data from you directly through their transactions with you outside of your use of the Warrantify Services, and retailers use of that data is not controlled by Warrantiy and is governed by the retailers own terms and privacy policies. In addition, if you choose to have a Retailer to send a receipt for your transaction to the Warrantify Services, you agree that we may provide your contact and other information back to that Retailer so the Retailer can confirm such transaction and that you are the proper recipient of such receipt, of these transactions.
4. USE LIMITATIONS - CONTENT
4.1 In addition to any use limitations or other restrictions stated, you agree to use Warrantify Services only for your own internal use, and NOT to use Warrantify Services to do any of the following, and NOT to upload, post, link to, publish, reproduce or transmit any Content in connection with any of the following:
(a) use the Warrantify Services for promotional or commercial purposes, except as expressly permitted by Warrantify;(b) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Warrantify Services website or any website content;
(c) reformat or frame any portion of the Warrantify Services website; or
(d) use the Warrantify Services in connection with the sale or exchange of any illegal goods or services or any other underlying fraudulent or illegal transaction.
4.2 You warrant and represent that you own or otherwise control the rights to the Content and grant Warrantify a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, distribute, transmit, combine with information provided by third parties, and publicly display the Content on and through the Connect Service, and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Warrantify Services. In addition, you acknowledge that Warrantify and its licensees may display advertisements and other information adjacent to or included with your Content on and through the Warrantify Services, and you are not entitled to any compensation for such advertisements. You further acknowledge and agree that Warrantify reserves the right to change the manner, mode and extent of such advertising at any time, in its sole discretion, with or without notice.
4.3 Warrantify may freely use feedback you provide. You agree that Warrantify may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Warrantify a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Warrantify in any way.
4.4 Warrantify may monitor your content from time to time. Warrantify may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Warrantify or its customers, or operate the Services properly. Warrantify, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
You acknowledge and agree that the Service is provided to you by Warrantify without charge (it is free) and is meant as an aid to assist you in organizing and managing receipts and warranties from participating retailers.
6. RELATIONSHIP WITH WARRANTIFY.
Warrantify does not represent or endorse, any of the retailers listed as part of Warrantify Services, or any of the products or services offered by them. Warrantify is not a party to the dealing, contracting and fulfillment of transactions between any individual user and a retailer providing products or services. The retailers listed as part of Warrantify Services are not employees or agents of Warrantify. Warrantify has no control over and does not guarantee the quality, safety or legality of retailers advertised products or services, the truth or accuracy of retailer listings, or the ability of retailers to deliver products or services, or that a retailer can or will actually complete a purchase, return, exchange or other transaction. Any retailer information presented as part of the Warrantify Services is populated with information from third-party sources, from retailers themselves and from other users. Warrantify provides this information as a convenience and does not confirm or verify the information. All rights and obligations for the purchase, sale, return or exchange of retailers products or services are solely between the consumer of the products or services and the retailer. The consumer and retailer must look directly and solely to each other for enforcement and performance of all the rights and obligations arising from their dealings and transactions between them.
7. DISPUTES BETWEEN CONSUMERS AND RETAILERS; RELEASE.
Any disputes in connection with products or services provided by retailers or payments, returns or exchanges made by consumers for such products or services remain between such consumers and retailers. You acknowledge that Warrantify will not be a party to any such dispute. If you have a dispute with any other user or retailer, you must address such dispute with the user or retailer directly. If you have reason to believe a dispute involves a violation of the terms of this Agreement, you may report such violation via the procedure set forth below under "Violations", but Warrantify will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute.
Release of Claims. Because Warrantify does not and cannot be involved in user-to-user or consumer-to-retailer dealings or control the behavior of participants using the Warrantify Services, if you have a dispute with one or more users or retailers, you hereby release Warrantify and its Suppliers from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
7. DISCLAIMER OF WARRANTIES; INDEMNITY.
IN ADDITION, WARRANTIFY AND ITS SUPPLIERS MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WARRANTIFY SERVICES, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF RETAILER INFORMATION LISTED AS PART OF THE WARRANTIFY SERVICES, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WARRANTIFY SERVICES OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY RETAILERS LISTED AS PART OF THE WARRANTIFYÂ SERVICES.
WARRANTIFY AND ITS SUPPLIERS FURTHER DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION, (E) LOSS OF INFORMATION OR DATA; OR (F) LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE RETAILERS, ADVERTISERS, OR OTHER USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH RETAILERS, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH WARRANTIFY RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
In addition, You agree to indemnify and hold Warrantify and its Suppliers harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Warrantify Services; (ii) your violation of any provision of this Agreement; (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (iv) your communications or dealings with any of the retailers, advertisers or other users of the Warrantify Services, including but not limited to any breach of contract, failure to pay or provide services, or any other claim.
Please report any violations of this Agreement via email to firstname.lastname@example.org. Warrantify is under no obligation to monitor the Warrantify Services or Content. However, we reserve the right to investigate possible violations of this Agreement, block users from the Warrantify Services, remove Content, suspend or terminate user accounts, and refer matters to law enforcement authorities for further investigation.
9. LICENSE GRANT AND RESTRICTIONS
9.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Warrantify reserves all rights of ownership in the Services not expressly granted to you. As long as you meet any applicable payment obligations and comply with this Agreement, Warrantify grants to you a personal, limited, nonexclusive, nontransferable license to use the Services that is valid only for the period of use provided in the ordering and activation terms. In addition, your right to use the Services is only for the purposes described by Warrantify on this website.
9.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example,unless authorized by Warrantify in writing, you agree you will not:
Provide access to or give any part of the Services to any third party.
Modify, disrupt or interfere with the Services, supporting servers, or networks, either manually or through the use of scripts, viruses, or worms.
Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
Attempt to access any other Warrantfy systems that are not part of these Services.
Excessively overload the Warrantify systems used to provide the Services.
If you violate any of these terms, this Agreement and your right to use the Services automatically terminates.
10. YOUR PRIVACY AND PERSONAL INFORMATION
You can view Warrantifys Privacy Statement on the website, You agree to be bound by the applicable Warrantify Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:
To Warrantify maintaining your data according to the Warrantify Privacy Statement, as part of the Services.
To give Warrantify permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Service. You permit Warrantify to use that aggregated data to improve services, issue promotions, and provide ways for you to compare business practices with other users.
11. ADDITIONAL ITEMS YOU AGREE TO
11.1 We may tell you about other Warrantify services. You may be offered other services, features, products, applications, online communities, or promotions provided by Warrantify ("Warrantify Services"). If you decide to use any of these Warrantify Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Warrantify Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant Warrantify permission to use information about your business and experience to help us to provide the Warrantify Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services Warrantify may provide to you in the future. You grant Warrantify permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Warrantify offerings to you and others. You also grant Warrantify permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
11.2 We may tell you about third party products or services. Subject to the Warrantify Privacy Statement, you may be offered products or services by third parties who are not affiliated with Warrantify ("Third Party Products") or the Services may contain links to third party websites ("Third Party Sites") and you agree that Warrantify can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third partys separate product terms, website terms and privacy policies. You agree that the third parties, and not Warrantify, are responsible for their products performance and the content on their websites. Warrantify is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
11.3 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Warrantfy as soon as possible.
Additionally, the Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF WARRANTIFY, ITS AFFILIATES, AND THIRD PARTY SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, WARRANTIFY, ITS AFFILIATES, AND THIRD PARTY SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:
(A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;
(B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET WARRANTIFY SYSTEMS REQUIREMENTS.
THE ABOVE LIMITATIONS APPLY EVEN IF WARRANTIFY, ITS AFFILIATES AND THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. CHANGES TO THIS AGREEMENT OR THE SERVICES
We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use the Services after Warrantify posts or otherwise notifies you of any changes, indicates your agreement to the changes.
Warrantify may immediately and without notice terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Warrantifys rights to any payments due to it. Warrantify may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services.
15.1 This Agreement is the entire agreement between you and Warrantify and supersedes all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties. The Agreement sets forth the entire liability of Warrantify, its corporate affiliates and your exclusive remedy with respect to the Services and its use. If any court of law, having the jurisdiction to decide on this matter, rules that any part of this Agreement is invalid, that provision will be removed without affecting the remainder of the Agreement. The remaining terms will continue to be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15.2 Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.
15.3 You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Warrantify. However, Warrantify may assign or transfer it without your consent to (a) a parent company or Warrantify direct or indirect subsidiary, (b) another company through a sale of assets by Warrantify or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Warrantify via our Contact page.
16. JURISDICTION AND VENUE.
These Terms shall be interpreted in accordance with the laws of Finland, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a regional administrative court located in Helsinki, Finland. Any action brought against Warrantify shall be venued in a regional administrative court located in Helsinki, Finland.
Please contact us at email@example.com with any questions regarding these Terms.
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