Terms of service

This is SLVR, a web based analytics subscription service from Afton Videot. These Terms of Service govern your use of the SLVR software and any additional services offered by or available from SLVR (the “Services”). Please read these Terms of Service carefully.

YOUR ACCESSING OF THIS WEB SITE AND USE OF THE SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF SERVICE AND YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE”) DISCLOSED HEREIN. YOU AND SLVR INTEND THAT THIS IS A BINDING LEGAL AGREEMENT. IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS, DO NOT USE THE SERVICES. VIOLATION OF THESE TERMS OF SERVICE WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO THE SERVICES.

1. Changes to the terms of service

We may change these Terms of Service at any time. You can review the most current version of these terms by clicking on the “Terms & Conditions” hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Services after we post changes to these Terms of Service, you are signifying your acceptance of the new terms.

2. Electronic delivery policy and your consent

You agree that we may provide to you required notices, agreements and other information concerning the SLVR Services electronically. We will post the notices on the home page of SLVR or on the relevant web page of the applicable service.

3. Privacy policy

The SLVR Privacy Policy explains the practices that apply to your information when you use the SLVR Services. Your ongoing use of the SLVR Services signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by scrolling down this page where you will find the privacy policy after the terms of service.

4. Changes to SLVR

We may discontinue or change any service or feature of SLVR at any time, provided we provide you with not less than fourteen (14) days prior notice.

5. Service terms

You may use the SLVR Services for lawful, authorized purposes and only in accordance with these Terms of Service.

You must be 13 years or older in order to use the Services.

You must provide your full legal name, a valid email address and other information we request in order to complete the signup process.

Your login may only be used by you. You may not share your log in with anyone else. Additional, separate logins are available through the Service.

You are responsible for maintaining the security of your account and password. SLVR accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation.

You are responsible for all of the content posted and activity that occurs under your account. You may not submit any material, or otherwise engage in any conduct that:
Impersonates any person, business or entity, including SLVR and its employees and agents; Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; Encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;

You may not use the SLVR Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the SLVR services.

You may not attempt to gain unauthorized access to any SLVR Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

6. License to use SLVR

License Grant

SLVR grants to you (either to you individually or the company for whom you work) a non-exclusive, limited license to access one copy of the SLVR Services solely for your own personal or business purposes during the period of time or session where you interact with the SLVR Services. SLVR reserves all rights not expressly granted herein.

Ownership

SLVR or its licensors are the owner of all right, title, and interest, including copyright, in and to the SLVR Services. Copyright to the individual programs available through SLVR (the “Software”) which in turn are used to deliver the SLVR Services to you are either owned by SLVR or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with SLVR and its licensors.

Restrictions on Use and Transfer

You may use only that copy of the SLVR Services associated with your account.

You may not:

  • Rent or lease the SLVR Services
  • Transfer SLVR Services
  • Copy or reproduce the SLVR Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system
  • Modify, adapt, copy or create derivative works based on the SLVR Services
  • reverse engineer, decompile or disassemble the SLVR Services.

Disclaimer of Warranties

We provide SLVR “as is” and “as available” and you use the SLVR service at your own risk. We make no express warranties or guarantees about SLVR.

TO THE EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM IMPLIED WARRANTIES THAT SLVR AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH SLVR ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT SLVR WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SLVR, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SLVR (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SLVR REPRESENTATIVE SHALL CREATE A WARRANTY.

You may have additional consumer rights under your local laws that this contract cannot change depending upon the jurisdiction in which the Software is utilized.

Remedies

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE OR SERVICE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF SLVR. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF SLVR EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON SLVR. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, MOBILE DEVICE OR COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of SLVR. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

8. Choice of law and location for resolving disbutes

You agree that the laws of Finland, as determined by Licensor in its sole discretion, govern this contract and any claim or dispute that you may have against us, without regard to conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved exclusively by a court located in Helsinki, Finland, at Licensor’s sole discretion and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN HELSINKI, FINLAND, AT LICENSOR’S SOLE DISCRETION, OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE JURISDICTION PROVIDED ABOVE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

General

This Agreement constitute the entire understanding between you and SLVR and supersedes all prior agreements, whether oral or written, between us and may not be modified or amended except in a written document signed by both parties and which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by a court or tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, each and every other provision shall continue to apply and remain in full force and effect.

9. Copyright and content ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials you upload are yours. We do not pre-screen any content, however, we retain the right, but not the obligation, in our sole discretion, to refuse or remove any content that violates this Terms of Service Agreement.

10. Severability and integration

This Terms of Service contract and any supplemental terms, policies or rules on the SLVR website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

11. Payments

Subject to any amendment to this agreement, the Service is available in a free and in several paid versions. The prices and payment of the paid versions are based on the current price list which you can view in the SLVR iOS app or in the web app at web.slvrapp.com.

SLVR has the right to change prices and terms of payment for the Service from time to time. SLVR will inform you about changes in prices via email on the web app and through App Store on iOS app.

All prices are presented in users local currency on iOS app and on USD on the web app.

Downgrading your Service may cause the loss of content, features, or capacity of your account. SLVR does not accept any liability for such loss.

12. Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged: (i) for one-off purchase (e.g. Boot Camp 2), at the time you place your order; and (ii) For monthly, quarterly, or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided.

You must cancel your monthly, quarterly, or yearly Subscription at least 24 hours before the billing period ends to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via Apple App Store, you can cancel the renewal of your subscription at any time in your iTunes account settings. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

If you wish to cancel your Subscription during your 7-day trial period to avoid the billing of the fees for the selected billing period, you should cancel the subscription in your iTunes account settings at least 24 hours before your trial period ends.

13. Termination

The minimum term for this agreement is listed in the price list which you can view in the SLVR iOS app or in the web app at web.slvrapp.com. If you do not cancel your subscription with the Service, the term will automatically be extended by the minimum term. Your right to use SLVR automatically terminates at the end of the term of our agreement and earlier if you violate these Terms of Service in connection with your use of SLVR. We reserve the right, in our sole discretion, to terminate your access to all or part of SLVR, in the event of you breach these Terms of Service, with or without notice.

You are solely responsible for properly cancelling your account. You can cancel your account at any time by written notice as follows:

Afton Videot
Iso Roobertinkatu 10 B12
00120 HELSINKI
FINLAND
Email: info@afton.fi

All of your content will be immediately deleted from the Services upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. SLVR, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other SLVR service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. SLVR reserves the right to refuse service or the Services to anyone for any reason at any time.

Privacy policy

Last updated: April 19, 2019

At SLVR, data privacy and data security are really important to us and we want to make sure that you trust us with your information. This Privacy Policy (“Policy”) describes which information we gather, how we use it, how we share it with others, how we protect it and how you can access and control it.

If you have any questions or complaints about this Policy and our data protection processes, please get in touch with us at the contact mentioned below.

Definitions

“SLVR”, “we”, “us”, “our” means Afton Videot

“Websites” means any website operated by SLVR

“Services” means any product or other service that is operated by SLVR.

“Visitors” means any individual that visits our Websites, but that we can’t identify yet.

“Leads” means any Visitor of our Websites that has provided us with identifiable information (e.g., by filling a form on a landing page).

“Users”, “Customers” means any individual who has an account with any SLVR Services.

“GDPR” means the General Data Protection Regulation.

Beside these specific definitions we will use the meanings as defined in the GDPR regulation.

What information we collect about you

Information you provide to us

Information you provide through our Websites

In specific cases you provide data to us through our Websites. For example, you provide your contact details when you sign up for our newsletter, download a white paper from one of our landing pages, use our free statistics sections or when you fill a contact form.

Information you provide through our Services

You provide data to us when you use our Services. For example, you provide us with information, when you sign up for an account, when you add new users, when you add notes or comments or when you use our Services on an ongoing basis as part of the general features of the Services. For some data that you provide in regards of the Services we are the data processor and you are the data controller. For this purpose, we will sign a data processing agreement (DPA) with you, if needed. If you would like to sign such agreement, please get in touch with us at info@afton.fi.

Information you provide through our support channels or direct communication

Through our support channels (e.g., Helpdesk) and direct email communication you provide us with data about yourself and about the case for which you are contacting us.

Payment information
When setting up a paid account with our Services, you provide us with payment information that allow us to charge you on a recurring basis.

Information we collect automatically

Cookies and other tracking technologies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Websites or a third-party to recognize you and make your next visit easier and the Websites more useful to you.

We use cookies and other tracking technologies in order to provide our Services, give you a better website experience and to improve our Websites and Services. In our cookie policy you can get more information and see the list of cookies/integrations/tags that we have implemented within our Services. This includes the use of third-party analytics services like Google Analytics and others.

Information on how you use our Services

When you visit and interact with our Services we collect certain information in the background in order to optimize and improve the Services going forward. This includes for example things like device and connection information, log data, logins, page views, API calls (Application Programming Interface), usage of specific features and error logging.

Information from other sources

Other users of the services

Other users of our Services may provide us with data about you, when they add you as a user in order to use the Services going forward. You may also be mentioned by other users in notes and comments that were added or in support/sales conversations with our team.

Connecting via social networks

If you use any of our Websites and Services to connect with any of your social network accounts (e.g. Instagram) and therefore give us permission we get access to data about you via the social network interfaces. Such data can include your name, contact info, pages you administer and analytics numbers. When you authenticate our application with the social networks, the networks will show in a dialog what data you are sharing exactly.

Public information

In some of our processes we make use of public information that we can find about you, for example via LinkedIn or similar services where you provide your information publicly with intention.

Other partners

We may receive information about you through other third-party partners, such as advertising and data partners we work with.

How we use information we collect

We use the personal data you provided to us only for specific purposes of the corresponding processing activities and only where we have legal bases to do so (in compliance with the GDPR article 6). Once the purpose for a processing activity is not applicable anymore, we will delete the data accordingly (for specifics please read the section on this topic below). In the following sections we list the specific areas in which we use your personal data. For even more transparency we have created a separate list of all our processing activities including the legal bases for processing that involve visitors, leads or users/customers.

Providing of our Websites

We use information you delivered to us in order to provide our Websites, including customer support, log files, rendering fonts and to operate and maintain the Websites. We also use your data in order to personalize your experience.

Providing of our Services
We use information you gave to us in order to provide our Services, including for account creation, authentication, customer support, log files, rendering fonts and to operate and maintain the Services. We also use your data in order to personalize your experience.

Improving our Services

We want to make our Services the best in the market, that’s why we use your information in order to improve our Services on an ongoing basis. For example, we track how you use and navigate through our Services and how and if you use a specific feature.

Communicating with you about our Services

We use your contact information in order to communicate with you about our services. For example, we send you emails for confirmations, customer support, updates to the Services, technical notices and security measures.

Contact form

When you fill a contact form on our Websites, we use the data to get in touch with you to resolve your case.

Customer support

We use your information in order to provide you with the best customer support. For example, when you use the chat plugin in our Websites or Services, we use the information you provided in order to resolve your case and guide you to the right resources and contacts within SLVR.

Marketing and promoting our Services

We use your data in order to send promotional information to you that may be of specific interest to you. Our goal is to make the communicated information as meaningful as possible for you.

Newsletter

In case you signed up for our newsletter, we will send you regular email updates about studies, our Services and other information that is interesting in the scope of our company.

Content downloads

When you download content through our blog or and landing page, we ask you to provide your contact information so that we can deliver the content and send you information about further content that may be of interest to you.

Lead quality

In order to only send you meaningful information we use your information to try to learn more about you over time and therefore consider a likeliness that you would be interested in our Services.

Cookies and other tracking technologies

We use your information in combination with cookies and tracking technologies with the goal of providing you an improved Websites and Services experience.

Cookies

We use cookies to store information and identify you across our various web properties. For example, to identify you in our Services or to track your activity in order to improve the Websites and Services. You can find the full list of cookies in our cookie policy.

Web analytics

We use data that we gathered through web analytics scripts that we embed in our Websites and Services. For example, we use Google Analytics to analyze user behavior with the goal to improve the Websites and Services.

Remarketing

We use remarketing in order to promote our Services to you in a personalized way. For example, we use Google Analytics/Google Adwords to build remarketing lists and Facebook ads technology (including the Facebook pixel and custom audiences) to show you ads on other platforms and re-engage you with our Websites and Services.

Safety and security

We use information about you to increase the safety and security of our Websites and Services. For example, for verifying your account, detecting fraudulent activities and anything else that would make our Services more secure.

How we share information we collect

Service providers and third parties

We work with third-party service providers for various tasks within our organization, including billing, marketing, customer support, analysis, accounting and others. If we transfer your personal data to a service provider in order to fulfill a task, we will make sure that the service provider only processes the data based on our instructions and by guaranteeing the same safeguards as we do. On top of that we guarantee that we have signed a data processing agreement with every service provider that makes sure that the partner is bound to the strict rules under the GDPR law.

Change of ownership

We may share information under this Policy in the case of any merger, sale, financing or acquisition of a part or the whole of any SLVR business. We will notify you accordingly in case this situation should arise.

Law enforcement and compliance

We will share your information with a third-party (including law enforcement authorities) if we believe that sharing is necessary to comply with any applicable law or governmental requests.

Non-personal information

In rare cases we may share non-personal data, such as aggregated information, with third-parties, including for reporting obligations and business/marketing purposes.

How we secure information we collect

We use robust and state-of-the-art technical and organizational measures to secure the data that we have about you. We are reviewing our data protection processes regularly in order to make sure that we protect your data in the best possible way. If we use sub-contractors and service providers to fulfill a specific task based on your data, we will make sure that the partner has similar state-of-the-art data protection processes in place.

How long we store your information

We store your data only for as long as we need access to it in order to fulfill the purpose of the specific data processing activity. As the data retention period is different from use case to use case we have created a separate document with all our processing activities, in which you can find the exact period for each of the processing activities that we perform. On top of that and where possible we have applied a general rule inside SLVR that all personal data should be deleted or anonymized if you haven’t been using our Websites and Services for more than 9 months. Exceptions to this rules only apply if there are technical limitations to guarantee this or where specific laws expect from us that we store the data for a longer time (e.g., requirements from tax authorities for storing documents).

How to access and control your information

We respect that your personal data is yours and therefore give you full control to decide what happens with your personal data.

Access, correction and deletion

You have the right to request a copy of your information, to object to our use of it, to request the deletion of your information or to get it in a machine-readable electronic format. Many of these activities you can do yourself within our Services by navigating to the account settings page. For any other request please send us an email to info@afton.fi and we will do our best to give you a meaningful response as soon as possible after we have verified your identity. In some cases, we may be limited in providing information to you, if fulfilling your request would reveal information about any other individual or if we are permitted by law or legitimate interest to keep it. Should you at any point believe that we didn’t respect your data privacy rights, you can complain with the corresponding authorities.

Opting out for specific use cases

You may opt-out of specific processing activities by using different methods, such as

  • Blocking cookies in your browser
  • Switching the settings in our cookie consent solution (Websites and Services)
  • Installing third-party browser extensions to block certain scripts (e.g., Google Analytics)
  • Clicking on unsubscribe links in marketing email that we sent

How we transfer information internationally

In many cases we use sub-contractors, service providers and SLVR affiliates that are based outside of the European Union. Should this be the case, we will always make sure that safeguards apply so that the corresponding data transfer is handled in line with the GDPR regulations. For sub processors in the US we rely on the EU/US Privacy Shield framework and signed data processing agreements that make sure that your data is secure. We have created a separate list of all processing activities that include all used sub-contractors, their country of origin and the corresponding safeguards.

Other important privacy information

Business audience

Our Websites and Services are intended to be used exclusively by organizations or by individuals in an organizational capacity.

Minors and children

The Websites and Services are not directed to individuals under the age of 16 and we do not knowingly collect any information from individuals under 16. If we become aware of such data, we will delete the personal information. If you become aware that someone under 16 is using our Websites and Services or has provided us with personal information, please get in touch with us at the contact mentioned below.

Changes to this policy

SLVR reserves the right to change this Privacy Policy. We will provide notification of material changes through the company’s website at least 30 days prior to the change taking effect. Your continued use of the Websites and Services after the update has become effective indicates that you have read, understood and agreed to the new version of this Policy.

How to contact us

Questions regarding this policy or data privacy in general can be directed to the following contacts.

Responsible for data privacy and security at SLVR

Afton Videot
Iso Roobertinkatu 10 B12
00120 HELSINKI
FINLAND

Represented by Mikko Perttala
CEO and Managing Director
mikko@afton.fi