1. Service Description:

1.1 Provider agrees to provide Client with access to and use of its software-as-a-service product (the “Service”) as described in Exhibit A attached hereto.

  1. Term:

2.1 This Contract shall commence on the Effective Date and continue as long as terminated in accordance with the provisions herein.

  1. Fees and Payment:

3.1 Client shall pay Provider the fees as set forth in Exhibit B attached hereto, payable monthly or annually in advance.

3.2 Late payments shall accrue interest at the rate of 7% per month.

  1. Intellectual Property:

4.1 Provider retains all rights, title, and interest in and to the Service, including all intellectual property rights.

  1. Confidentiality:

5.1 Both parties agree to keep confidential any proprietary or confidential information obtained from the other party during the term of this Contract.

  1. Warranties and Disclaimers:

6.1 Provider warrants that the Service will perform materially in accordance with its documentation.

6.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

  1. Limitation of Liability:

7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY.

  1. Acknowledgements and warranty limitations

 

8.1 The Customer acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, the Provider gives no warranty or representation that the Hosted Services will be wholly free from defects, errors and bugs. 

 

8.2      The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, the Provider gives no warranty or representation that the Hosted Services will be entirely secure. 

 

8.3      The Customer acknowledges that the Hosted Services are designed to be compatible only with that software and those systems [specified as compatible in the Hosted Services Specification]; and the Provider does not warrant or represent that the Hosted Services will be compatible with any other software or systems. 

 

8.4      The Customer acknowledges that the Provider will not provide any [legal, financial, accountancy or taxation advice] under this Agreement or in relation to the Hosted Services; and, except to the extent expressly provided otherwise in this Agreement, the Provider does not warrant or represent that the Hosted Services or the use of the Hosted Services by the Customer will not give rise to any legal liability on the part of the Customer or any other person. 

  1. Usage of free plan and pro plan

9.1 If customer uses free plan or medium plan which is called pro plan there are special terms to be aware of:

– The Customer acknowledges that they are requested to have conversion optimization logo in upper part of their main page as specified in Exhibit 3

– The Customer acknowledges that they are requested to link conversion optimization logo on the web site to the link provided by provider. Provider will inform potential www site visitors about commercial terms of free plan and pro plan

  1. GDPR

10.1 Our SaaS service is designed with privacy in mind. We understand the importance of data protection and are committed to ensuring that our services comply with the General Data Protection Regulation (GDPR). This chapter outlines our approach to personal data and provides guidance for our customers on including GDPR-related information on their sites.

10.2 No storage of personal data

We do not store any personal data as part of our service. Our systems are built to ensure that all data processing is conducted without retaining personal information. This means that your use of our service does not involve the handling or storage of any personally identifiable information (PII).

10.3 Customer Guidance for GDPR Compliance

While our service does not store personal data, it is good practice for our customers to include a GDPR compliance statement on their websites. This reassures users about data privacy and demonstrates a commitment to protecting personal information. We recommend adding the following sentence to your site’s privacy policy:

We use SaaS service that is designated to operate without storing any personal data, ensuring compliance with GDPR regulations. For more information about our data practices, please visit our service provider’s privacy page.

 

  1. Termination:

10.1 Either party may terminate this Contract upon written notice if the other party materially breaches any provision of this Contract and fails to cure such breach within [7] days of receiving written notice thereof.

10.2 If customer will not fulfill free or pro plan terms or do not pay invoiced of commercial plans provider is entitled to close conversion optimization service within one day of written notice.

  1. Governing Law:

9.1 This Contract shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law principles.

  1. Entire Agreement:

10.1 This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.