WeldEye Cloud Service Terms
Kemppi Oy (“Kemppi”) shall provide the Customer with the WeldEye – Welding Management System (“WeldEye”) as subscription based service from the cloud (the "Cloud Service”). These terms and conditions (“Terms”) govern your use of the Cloud Service. If you are entering into these Terms on behalf of another legal entity, you represent that you have the actual authority to bind such entity (you and/or such entity collectively the “Customer”) to these Terms.
Upon registration of the cloud subscription for the Cloud Service (the “Cloud Subscription”) Kemppi grants to the Customer a right to use the Cloud Service specified in these Terms, including possible upgrades and help desk function. The granted right to use the Cloud Service in accordance with these Terms is limited to the validity of Terms, and these Terms do not grant any other right or license, whether express or implied, to the Customer to exploit the Cloud Service in any other manner than expressly specified in these Terms. All other rights are expressly retained by and reserved to Kemppi.
The Cloud Service is provided “as is”. Kemppi assumes no responsibility or liability of the Cloud Service’s or Software’s functionality or fit for purpose. The use of the Cloud Service is limited to the Cloud Service modules specified in these Terms. The Customer is responsible and liable for any use of the Cloud Service under the Customer’s usernames and passwords.
EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS CHAPTER 1 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEMPPI PROVIDE THE CLOUD SERVICE AS IS. KEMPPI DOES NOT WARRANT NOR GUARANTEE THAT THE CLOUD SERVICE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT KEMPPI WILL CORRECT ALL ERRORS OR FAULTS. TO THE EXTENT PERMITTED BY LAW, THESE LIMITED WARRANTIES ARE EXCLUSIVE IN CONNECTION WITH THE PROVISION OF THE CLOUD SERVICE AND KEMPPI MAKE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE CLOUD SERVICE.
In order to use the Cloud Service, the Customer is required to activate the Cloud Service by i) registering a new customer account (“Account”) or ii) using the existing customer’s My Kemppi ID account, and to enter the license key of the purchased Cloud Subscription. Customer must provide true, accurate and current billing information when activating the Cloud service. Upon activation of the Cloud Service Kemppi is granted a right to charge the Service fees as specified in these Terms.
The Cloud Service will be available for the Customer through an Internet connection arranged by the Customer, and will be hosted on servers appointed by Kemppi. The Cloud Service may not be available in some countries and may be provided only in selected languages. The Customer is aware of and acknowledges that the Customer’s access to the Internet cannot be guaranteed and that Kemppi shall not, under any circumstances, be liable for any deficiencies or errors in the Customer’s own Internet connections and/or network.
4. Security measures
The Cloud Service includes the following security measures: 1) regular back-up of information the Customer has entered into WeldEye; 2) secured server connection; 3) password protection; and 4) virus control.
Backup of data includes one full back-up every week. Incremental back-up of WeldEye file system and database is done daily.
5. Upgrade Package
Kemppi may from time to time update the Cloud Service in accordance with reported errors, reported user needs and/or according to Kemppi’s development plans for the Cloud Service.
6. Support and maintenance services
The Customer is entitled to receive information about the use of the Cloud Service in a form of a support Service. This support Service is provided to the Customer, provided that the Customer has read any instruction material Kemppi has made available. All support requests may be sent by the Customer by using the Support section available at WeldEye.com.
7. Scope of Cloud Service and prices
- Direct costs:
The Customer has purchased Cloud Subscription for “Welding Procedures” and “Personnel and Qualifications” modules of WeldEye.
- Costs during the use: basic user fee/month + additional active users fee/month
Basic user fee covers the use of one user only. The additional active user fee is based on the number of other users that have actually logged into WeldEye at least once within a calendar month (Active Users).
All prices are charged in accordance with the valid Price List. All prices are in Euro (€) and net of any taxes, whether VAT, sales taxes, withholding taxes or similar.
All prices will be reviewed on an annual basis and are subject to change upon Kemppi’s prior notice, which will be provided to the Customer thirty (30) days prior to possible changed prices become effective. If the Customer does not agree to the changed prices, the Customer must cease to use the Cloud Service on the date the changed prices become effective at the latest.
8. Limitation of liability
Section 5 of Kemppi General Terms and Conditions attached hereto shall apply to these Terms.
9. Confidentiality and data protection
Section 7 of the Kemppi General Terms and Conditions shall apply to these Terms.
All information the Customer enters into WeldEye is information of the Customer.
Kemppi has a perpetual right to use the Customer’s information processed through and by WeldEye for the statistical purposes and business and product development purposes, and for the purposes of meeting Kemppi’s obligations under these Terms. This usage is executed so that the Customer’s identity or detailed information is not disclosed to third parties.
Should the Customer and/or its subsidiaries collect and process any personal data, identification data or other such data (e.g., location data)(collectively “Customer Group Personal Data”) and insert such initially collected Customer Group Personal Data into WeldEye, the Customer and its subsidiaries shall confirm that they have collected and processed and will collect and process such Customer Group Personal Data in accordance with applicable legislation and regulations and these Terms. The parties agree that Kemppi shall only process the Customer Group Personal Data to the extent necessary to provide the Cloud Service to the Customer and subsidiaries. Kemppi shall not be liable for circumstances where an individual makes a claim or complaint regarding Kemppi’s actions to the extent such actions result from instructions received from the Customer and/or its subsidiaries. In addition, Kemppi has a right to use the Customer Group Personal Data processed through and by WeldEye for the statistical purposes and business and product development purposes. This usage is executed so that the Customer’s identity or detailed information is not disclosed to third parties.
The Customer acknowledges and agrees that Kemppi’s and its third party sub-suppliers’ servers may locate also outside the EU and hence, the Customer Group Personal Data may be processed in connection with the provision of the Cloud Service also outside the EU. In the event the Customer is an entity whose domicile is in the EU, the Customer shall, on its own behalf and behalf of its subsidiaries, enter into the Standard Contractual Clauses Terms (“SCCA”) with Kemppi.
The Customer shall ensure that the Customer and its subsidiaries are entitled to transfer the relevant Customer Group Personal Data that is initially collected by the Customer and/or its subsidiaries and saved in the Customer’s systems to Kemppi so that Kemppi and its sub-suppliers may lawfully use, process and transfer the Customer Group Personal Data in accordance with these Terms on behalf of the Customer and/or its subsidiaries.
Kemppi may use sub-suppliers to provide certain Services on its behalf for the Cloud Service.
The duration of the data processing of the Customer Group Personal Data shall be the term of these Terms.
10. Retrieval of the Customer Data
Upon written request by the Customer made no later than one (1) month prior to the termination date of these Terms, Kemppi shall make the Customer data stored in the Cloud Service available to the Customer through the Cloud Service on a limited basis solely for purposes of the Customer retrieving the Customer data for a period of forty-five (45) days after such request is received by Kemppi. After said forty-five (45) days period, Kemppi has no obligation to maintain or provide any Customer data and shall thereafter be entitled to delete all Customer data. However, Kemppi shall not be required to remove copies of the Customer data form its servers or other backup media until such time as the backup copies are scheduled to be deleted.
11. Kemppi General Conditions
Kemppi General Terms and Conditions attached to these Terms are essential part of and supplement the terms and conditions of these Terms.
12. Validity and Termination
These Terms shall become effective upon Activation of the Cloud Service (“Effective Date”) and shall continue to be effective for consecutive calendar months (“Period”) unless terminated in accordance with this Section 12.
The Customer may terminate its subscription by properly unsubscribing the Cloud Service at least thirty (30) days before the expiration of any Period. The Customer shall pay any accrued fees, charges and/or costs incurred prior to the effective date of the termination.
Kemppi expressly reserves the right to modify the Terms at any time at its sole discretion, and without prior notice to Customer, by including such modification in these Terms with notification of the effective date of such modified Terms. If at any time Customer do not agree to any modified Terms, Customer has a right to terminate the subscription according to these Terms and may no longer be able to use the Cloud Service.
13. Applicable Law and Dispute Resolution
Section 19 of the Kemppi General Terms and Conditions shall apply to this Terms.
Section 14 of the Kemppi General Terms and Conditions shall apply to this Terms.