Last updated 6.5.2015
Agendium provides a place for groups to communicate and work online (each, a “Group”) in real time.
Agendium grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You will need to register with Agendium and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Agendium immediately of any breach of security or unauthorized use of your account. Although Agendium will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Agendium or others due to such unauthorized use.
You may use your settings to control your Member Profile. By providing Agendium your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out using opt out link situated in each email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Certain customers have negotiated further modifications to the emails we may send you. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Agendium servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.
Agendium may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Agendium’s sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with a alternative email address. Upon termination for any reason, you continue to be bound by this Agreement.
Agendium reserves the right to offer alternative and/or additional Services to certain administrative users, including administrators of Organisations, that may not be offered to general Users. You acknowledge that Agendium may charge a fee for the use of any Services, provided that Agendium notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. In the event that you have elected to receive additional services for a fee, and you fail to pay such fee within thirty (30) days, then in addition to all other remedies available to Agendium, Agendium may immediately cease providing all such additional services.
If you learn that a User is not authorized to be a Member of a Group or Organisation or is otherwise violating this Agreement, we encourage you to notify us. You agree you will not accuse any User of being unauthorized or of violating this Agreement unless you have actual knowledge.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with any rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Agendium takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Agendium is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Agendium shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other Agendium Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Each Group may have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such Group (the “Group Administrator”). Groups may exist on the Service absent a Group Administrator; in such case Users are responsible for conducting themselves in accordance with this Agreement.
From time to time, Users may be asked to confirm their account on the Group via an email message containing a hyperlink to the User’s Group email address. If such account is not reconfirmed, the account is removed. Once a User is removed from a Group, the content of that User remains on the Group and is the sole property of the company which administers that Group.
Users may elect to receive regular short message service (“SMS”) alerts of new Agendium content through mobile telephone device carriers that may be supported via Agendium SMS. There is no fee charged by Agendium for Users to receive text messages. Standard text messaging rates and other charges from a User’s carrier may apply. Agendium does not warrant that the text messaging service will be uninterrupted or error free. We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Agendium such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Agendium reserves all rights not expressly granted herein in the Service and the Agendium Content (as defined below). Unless Agendium has agreed otherwise with respect to a Organisation, Agendium may terminate this license at any time for any reason or no reason.
Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Agendium Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Agendium and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Agendium Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Agendium under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Agendium does not waive any rights to use similar or related ideas previously known to Agendium, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are thirteen (13) years of age or older. If you are under 13 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
We have implemented commercially reasonable technical and organizational measures designed to secure Group information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal or Group information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
Agendium offers you the option of using Agendium for
free according to restrictions described in the pricing page. When you choose
to increase amount of users or activate features available only in Paid
Accounts, your account will be converted to a Paid Account and will not be subject
to some of the restrictions placed on Free Accounts as described below.
Agendium accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Paid Account you select, until you cancel your service in accordance with the directions on our site. For credit cards denominated in a supported currency other than euros (EUR), your bank or credit card company may charge foreign conversion fees. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.
If any fee is not paid in a timely manner, or Agendium is unable to process your transaction using the credit card information provided, Agendium reserves the right to revoke access to your Agendium account and content with no liability to you. If you do not bring your Agendium balance current within five (5) days after Agendium provides you with notification that your account is in arrears, Agendium reserves the right to use our discretion to delete some or all of Your content so as to reduce your features to within the allowed limit, and to convert your Agendium Paid Account to a Free Account (which is subject to the restrictions described below) with no liability to you.
The fees for your Paid Account will be billed from the
date you elect, or convert to, a Paid Account and on each monthly or yearly
renewal thereafter unless and until you cancel your account. Agendium will
automatically bill your credit card each month or year on the calendar day
corresponding to the commencement of your Paid Account. In the event your Paid
Account began on a day not contained in a given month or year, Agendium will
bill your credit card on the last day of such month or year. For example, if
your Paid Account began on January 31st, February 28th is the next time your
credit card would be billed. You acknowledge that the amount billed each month
or year may vary for reasons that include, differing amounts due to promotional
offers, differing amounts due to changes in your account, or changes in the
amount of applicable sales tax, and you authorize us to charge your credit card
for such varying amounts. Agendium may also periodically authorize your credit
card in anticipation of account or related charges. All fees and charges are
nonrefundable and there are no refunds or credits for partially used periods.
Should you elect to upgrade to a different Paid Account, your next renewal period will begin after your current subscription ends. For example, if you begin your monthly billed Paid Account on February 1st, your next payment would be due on March 1st. On February 15th, you upgrade your monthly Paid Account to a yearly Paid Account.Your yearly subscription will begin (and be billed) on March 1st.
Agendium may change the fees and charges in effect, or add new fees and charges from time to time, provided that any changes will not take effect until your subscription renews and we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your “Account Billing” page. If your credit card reaches its expiration date, your continued use the Agendium constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Your Agendium Paid Account will continue in effect unless and until you cancel your Paid Account in accordance with the directions on the site or we terminate it. You must cancel your Paid Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. Agendium will bill the monthly or yearly fees associated with your Paid Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Agendium Paid Accounts are prepaid and are
non-refundable. Agendium DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL
MONTHS OR YEARS. You may cancel your Agendium Paid Account at anytime, and
cancellation will be effective immediately. If you wish to cancel your Paid Account
you may do so via your billing page.
Should you elect to cancel your Paid Account, please note that you will not be
issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a Agendium Paid Account and providing Agendium with your payment account information, you hereby agree to these payment terms and conditions.
Agendium allows you to use the service free of charge within
the limits described in the pricing page.
Agendium reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then Agendium may delete any or all of Your Content without providing additional notice.
Agendium allows you a temporary “grace period” when exceeding the amount of users or features allowed in the a Free Account. However, if you do not upgrade your account, or remove users or features below the Free Account limit, within fourteen (14) days of Agendium notifying you, Agendium reserves the right to block future access to your account until the problem is resolved. If it is still not resolved within 90 days, Agendium reserves the right to delete any or all of Your Content without providing additional notice.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
A. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
B. You have the written consent of each and every identifiable natural person in your Group to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
C. Your User Content and Agendium’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
D. You have the full power and authority to enter into this Agreement and to the extent that any entity is bound hereby, to bind such entity, this Agreement and performance of obligations under this Agreement do not and will not violate any other agreement to which you or such entity is a party; and this Agreement constitutes a legal, valid and binding obligation of you or any such entity.
You agree to defend, indemnify and hold harmless Agendium and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AGENDIUM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
AGENDIUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AGENDIUM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AGENDIUM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENDIUM, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL AGENDIUM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENDIUM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL AGENDIUM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AGENDIUM HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AGENDIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Certain Business Terms may provide slightly different rights to the parties thereto, but any such Business Terms do not change the rules applicable to Users covered by the foregoing.
The Service is controlled and operated from Finland. Agendium makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Agendium without restriction.
You agree that: (i) the Service shall be deemed solely based in Finland; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Agendium, either specific or general, in jurisdictions other than Finland. This Agreement shall be governed by the substantive laws of Finland, without respect to its conflict of laws principles. Any claim or dispute between you and Agendium that arises in whole or in part from the Service shall be decided exclusively by a court of Pirkanmaa located in Tampere, Finland.
Agendium may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Agendium in our sole discretion. Agendium reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
This Agreement, together with any other legal notices and agreements published by Agendium via the Service, shall constitute the entire agreement between you and Agendium concerning the Service (although the owner of the Group may also have agreed to be bound by the Business Terms). If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Agendium’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please Contact us at firstname.lastname@example.org with any questions regarding this Agreement.