Agreement Terms & Conditions

Welcome to Kiosk Cloud!

Kiosk Cloud is owned and operated by Resimator Oy. These are the terms and conditions for: https://kioskcloud.io (Hereby “Kiosk Cloud”).

By using the services and platform, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these terms, then you may not use the platform and services. In these terms, “we”, “us”, “our” and “Kiosk Cloud” refers to Kiosk Cloud Limited and “you” and “your” refers to you, the user of the Kiosk Cloud.

The following terms and conditions apply to the platform and services offered by Kiosk Cloud. This includes the mobile and tablet versions as well as any other version of Kiosk Cloud accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Kiosk Cloud. By using the services and platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the service. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Kiosk Cloud platform. You agree to be bound by any modification to this terms and conditions when you use the services after any such modification is posted; it is therefore important that you review this agreement regularly.

You represent and warrant that your use of the platform does not violate any applicable law or regulation. Kiosk Cloud may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.

2. ELIGIBILITY

You may use the platform only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of the “Kiosk Cloud” platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.

By using the services and platform, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.

3. ACCOUNT

If you register as a user, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kiosk Cloud of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Kiosk Cloud. Kiosk Cloud will not be liable for any loss or damage arising from your failure to comply with this agreement.

You may control your user profile and how you interact with the service by changing the settings in your account. By providing Kiosk Cloud with your email address, you consent to our use of such email address to send you notices regarding the services. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them by sending us your request via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.

The users may terminate their accounts any time, for any reason, by following the instructions on Kiosk Cloud. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Kiosk Cloud.

Kiosk Cloud reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Kiosk Cloud believes that you have breached any of these terms, furnished Kiosk Cloud with false or misleading information, or interfered with use of the platform or the service by others.

4. THIRD-PARTY MATERIALS

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

5. PLATFORM USE LICENSES

Kiosk Cloud gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by Kiosk Cloud as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Kiosk Cloud, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the software and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Kiosk Cloud application or third parties.

Kiosk Cloud will not accept any liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of the software offered by Kiosk Cloud.

By using and installing the software, you accept personal responsibility for the results of your actions using the software. You agree to assume full responsibility for any damages you suffer as a result of using the platform provided by Kiosk Cloud. The correct use of the platform provided by Kiosk Cloud is at your own risk and responsibility. Kiosk Cloud does not accept claims from third parties for the use or misuse of the software by our users.

6. INTELLECTUAL PROPERTY OF THE SOFTWARE

The intellectual property and all copyrights pertaining to the software offered on this platform and provided as part of the services, belong to Kiosk Cloud. Kiosk Cloud assigns to the user all rights, title and interest in the software, solely for personal use. The right to exploit the product and the commercial license are not included and can only be granted with the permission of Kiosk Cloud. Unauthorized use of the software or the content available through the software without the respective commercial licenses may cause a copyright violation and result in a lawsuit, as provided by the copyright laws of Finland and the European Union.

7. COPYRIGHT

All content included on this platform, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Kiosk Cloud, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Kiosk Cloud and protected by international copyright laws. All software used on this website is the property of Kiosk Cloud or its software suppliers and protected by international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our platform in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our services, you do not own any rights or titles to our content or other intellectual properties.

8. COPYRIGHT COMPLAINTS

Kiosk Cloud respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Kiosk Cloud services infringe upon your copyright or other intellectual property right, please send the following information to:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Kiosk Cloud may find it on the Kiosk Cloud platform. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

9. USER CONTENT

Certain features of the platform may allow users to upload content, which may consist of messages, images, text and others, and to publish that user content through the platform. You retain any copyright you may have in user content that you publish through the platform. Kiosk Cloud is not responsible for the accuracy, safety or legality of user content posted on the platform. Users are solely and exclusively responsible for their content and the consequences of posting their content through the platform.

10. USER CONTENT REPRESENTATIONS AND WARRANTIES

Kiosk Cloud disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the service, you affirm, represent, and warrant that:

You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Kiosk Cloud and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Kiosk Cloud, the service, and these terms.
Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Kiosk Cloud to violate any law or regulation.
Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.

11. ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the platform is accurate, complete or updated. The content of this platform is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this platform and services is at your own risk.

12. PROHIBITED ACTIVITIES

The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Kiosk Cloud or licensed to the Kiosk Cloud by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the services. Additionally, you agree not to:

Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Kiosk Cloud;
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of the services for any purpose without our express written permission;
“Frame”, “mirror” or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization;
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Kiosk Cloud in connection with the services;
Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or
Download any Content unless it’s expressly made available for download by Kiosk Cloud.

13. SCREENPRO RESPONSIBILITIES

Because of the nature of the Internet Kiosk Cloud provides and maintains the platform on an “as is”, “as available” basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our platform may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the services in breach of these terms you will be liable to and will reimburse, Kiosk Cloud for any loss or damage caused as a result.

These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Kiosk Cloud liability for death or personal injury resulting from its negligence nor any fraudulent representation.

Kiosk Cloud will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Kiosk Cloud excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Kiosk Cloud and Kiosk Cloud shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

Any incorrect or inaccurate information on Kiosk Cloud.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the services.
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the platform, or from transmissions via emails or attachments received from Kiosk Cloud.
All representations, warranties, conditions and other terms which but for this notice would have effect.

14. THIRD PARTY WEBSITES

Through your use of the Kiosk Cloud services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their platforms. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Kiosk Cloud provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Kiosk Cloud is in no way responsible or liable for any such third-party sites.

15. INDEMNIFICATION

You agree to defend and indemnify Kiosk Cloud and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use on the “Kiosk Cloud” platform.

16. SECURITY COMPONENTS

You understand that Kiosk Cloud and software embodied within Kiosk Cloud may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kiosk Cloud and/or content providers who provide content to Kiosk Cloud platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Kiosk Cloud.

17. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Kiosk Cloud for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

18. CHANGES AND TERMINATION

We may change the platform, services and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the services constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

19. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

20. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Kiosk Cloud, shall constitute the entire agreement between you and Kiosk Cloud concerning and governs your use of the services.

21. HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

22. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, will be settled by binding arbitration between you and Kiosk Cloud, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

23. FINAL PROVISIONS

These terms are governed by Finnish and European Union law. Use of our platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

24. CONTACT INFORMATION

If you have questions or concerns about these terms or the services, please contact us through our contact page or through the following contact information:

Resimator Oy

Tykistökatu 4

20520 Turku

admin@kioskcloud.io

Phone: +358 40 4132787