SAYAT.ME TERMS OF USE

Effective as of: 21.04.2017

Welcome to Sayat.me. These Terms of Use contain the terms and conditions that govern all use of the website Sayat.me (hereinafter Website).

Read these Terms of Use carefully. The Website is offered to you subject to your acceptance, without modification, these Terms of Use and all other operating rules and policies made available to you on or through the Website (hereinafter collectively Terms). If you do not agree to these Terms, please do not use the Website. When accepted by you, these Terms form a legally binding contract between you and SayAt.Me OÜ, a legal entity incorporated under the laws of the Republic of Estonia (hereinafter Supplier or us).

To accept these Terms on behalf of yourself or on behalf of a legal entity, you must have the legal capacity to do so. This means that if you accept these Terms on behalf of yourself, you must be at least 18 years of age or have valid authorisation from your legal representative. If you accept these Terms on behalf of a legal entity, the legal entity must be duly incorporated and you must have the legal authority to bind that legal entity. By accepting these Terms you confirm the foregoing.

USING THE WEBSITE

The Website serves as a platform for collecting and providing anonymous feedback for questions asked and polls created by the Users (as defined below). The Website does contain some sample questions provided by the Supplier but these need not be used. The Users (as defined below) are free to decide whether and which questions to ask and collect feedback on. The Website also allows the registered Users (as defined below) to interact with one another. Regardless of how the Website is used, the User (as defined below) giving feedback may always choose to remain anonymous.

You can use the Website as a registered or unregistered user (hereinafter User). As an unregistered User, you can browse the public parts of the Website and give feedback. As a registered User, you can additionally collect feedback and use other functions of the Website only available to registered Users.

You can register by creating an account on the Website or by using your social media account (e.g. Facebook, Twitter). Your login credentials can be used only by you. You must keep your login credentials confidential and safe. If you believe your login credentials have been compromised, you must promptly notify us thereof.

RISKS AND CONSIDERATIONS

Being able to get feedback is getting more and more pivotal in business, self-development and other areas of life. The Website is a feedback tool meant to gather honest and constructive feedback from friends, colleagues, acquaintances or others. Constructive feedback is meaningfully specific, contains advice and is encouraging. While giving feedback be sure that you stay positive - this does not mean that you cannot give negative feedback, but give at least as much positive feedback as well.

Please note that by asking questions and creating polls on the Website, an URL is created which can be distributed by anyone anywhere, which means that anyone anywhere with the URL is able to provide feedback on the question or poll and do so anonymously. This means that you make yourself vulnerable to all kinds of feedback. Not all feedback received is positive. Some feedback may also be considered impolite or offensive. You may receive feedback that you do not anticipate. Some feedback may evoke strong emotions.

All feedback received is private by default (visible only to you). You have the possibility to delete any feedback received and report any Users whose feedback or actions you consider abusing. You have sole control over and sole responsibility for the questions you ask and the feedback you decide to make public. You do not have to ask any questions and you do not have to make any feedback public.

If you do not accept the foregoing risks and considerations, do not use the Website. Using the Website is strictly voluntary.

USER CONTENT

Any information submitted to the Website in any form, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content (hereinafter User Content). This means that the Users, and not the Supplier, are entirely responsible for all User Content that is made available through the Website, as well as for any actions taken by the Supplier, other Users or third persons as a result of such User Content.

Any User Content must be in compliance with the Terms and the applicable law. By submitting User Content to the Website, you confirm that you have the right to do so and that it does not violate any rights (including, but not limited to, intellectual property rights) of any third persons.

The Supplier does not have an obligation to monitor or control the User Content in order to discover any unlawful nature therein and will not take responsibility for it. However, if such unlawful User Content or the action of its unlawful processing is discovered or brought to the attention of the Supplier or if there is reason to believe that certain User Content is unlawful, the Supplier may use the remedies described herein and the applicable law.

Note that as a registered User, you are also responsible for the User Content you decide to make public through your URL.

PROHIBITED ACTIVITIES

The Website may only be used for its intended purposes. The Website may not be used for any purposes or in any manner that can be construed as unlawful, malicious, in bad faith, abusive or discriminatory. Such uses shall include, but are not limited to, the following:

  • publish any User Content that is incorrect, misleading, unlawful, harassing, abusive, threatening, vulgar, obscene, harmful, libellous, invasive of another’s privacy or constitutes an infringement of third party intellectual property rights or any other rights (such as rights of privacy and publicity);
  • publish any User Content that is harmful (for example viruses, worms, malware and other destructive codes);
  • impersonate other people;
  • restrict or inhibit any other User from using and enjoying the Website in any manner;
  • make threats of violence against others;
  • harass other people;
  • intentionally distribute untrue or misleading information;
  • use the Website in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers;
  • copy or download the content of the Website for commercial use without copyright holders prior consent;
  • attempt to gain unauthorized access to any part of the Website, other accounts, computer systems or networks connected to any of our servers or to any of the services, through hacking, password mining or any other means;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
  • use the Website in any other manner to commit a crime, breach any applicable law or invite others to do so.

The Supplier shall have the sole discretion in determining whether your particular use of the Website is in violation of these requirements. Should your use of the Website be in violation of these requirements, the Supplier shall have the right to use any remedies described herein or the applicable law. Note that you are solely responsible for your actions on the Website.

PRIVACY

The Supplier is responsible for the processing of your personal data.

Collecting your personal data. The Supplier may collect the following personal data in the following ways:

  • You may provide us your personal data, e.g. name, user name, password, e-mail address, etc upon registration (including via Facebook or other available social media means), using the Website (e.g. photo), contacting us, etc.
  • We collect certain data by automated means, such as cookies and web beacons, when you visit the Website, e.g. IP address, browser type, operating system, referring URLs, information on actions taken on the Website, and dates and times of Website visits.

Using your personal data. We may use your personal data for the following purposes:

  • to provide the Website and parts thereof;
  • to contact you, to provide assistance, to collect feedback;
  • to exercise any rights and obligations arising from the law;
  • to personalise the Website, monitor and analyse the effectiveness of the Website, monitor aggregate site usage metrics such as total number of visitors and pages viewed, etc.

Please note that your name as entered during registration, as well as your URL and photo (if uploaded) is publicly visible to all visitors of the Website.

Subcontractors (data processors). We use service providers in order to provide you the Website. For example, we use Amazon for hosting the data. The data is hosted in the EU. We remain responsible for your personal data and take all necessary measures to protect your personal data as provided herein.

Disclosing your personal data. We only disclose your personal data to third parties without your prior consent if provided herein or the applicable law. We may disclose your personal data to the following third parties:

  • an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets;
  • supervisory authorities;
  • our lawyers, auditors, accountants.

Data retention. We only store your personal data as long as necessary for the purposes of the personal data collected and as long as required by law. In general, we store your personal data as follows:

  • personal data needed for tax and bookkeeping purposes - 7 years from the end of the financial year when the relevant data was provided to us;
  • personal data related to the contract – 10 years (in accordance with the maximum period for raising claims from transactions).

Security. We implement appropriate organisational, technical and physical safeguards to protect your personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all unlawful forms of processing.

Your rights. You have all the rights of a data subject as provided in the applicable law. This includes the right to obtain information and personal data concerning you and to demand the correction of inaccurate personal data. If processing of personal data is not permitted on the basis of law, you have the right to demand termination of the processing of the personal data, termination of the disclosure or enabling access to the personal data and/or deletion or closure of the collected personal data. You have the right at any time to refuse receiving any further direct marketing messages. You also have the right to turn to the Data Protection Inspectorate or the court to safeguard your rights.

User Content. Because the Supplier does not collect or determine the use or purposes of any User Content, including personal data contained therein, the Supplier is not acting in the capacity of the data controller in terms of the European Union’s Directive 95/46/EC but in the capacity of the data processor on behalf of the Users. The Users should be considered as data controllers as regards the personal data contained in their User Content. Except as provided herein, the Supplier does not transfer or disclose the User Content to any third parties, except to its subcontractors who may process such data on behalf of the Supplier in connection with the Supplier’s provision of the Website (see above).

INTELLECTUAL PROPERTY RIGHTS

Any and all intellectual property rights in and to the Website (except User Content) are exclusively owned by the Supplier and/or its third party partners. Your use of the Website does not grant to you any ownership or intellectual property rights therein. You may only use the Website only for its intended purposes.

You retain all your ownership and intellectual property rights in and to your User Content. By submitting your User Content to the Supplier through the Website, you hereby grant the Supplier and its affiliates, sub-licensees, partners, designees, and assignees a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof for any purpose whatsoever in connection with the Website and the Supplier’s (and its successors’) business, including for providing the Website for its intended purpose, as well as for the Supplier’s commercial, marketing or any similar purpose.

SUPPLIER’S REMEDIES

Upon breach of the Terms by you, including, but not limited to, if unlawful User Content or the action of its unlawful processing is discovered or brought to the attention of the Supplier or if there is reason to believe that certain User Content is unlawful, the Supplier has the right to use any or all of the following remedies, at its own discretion:

  • set a term for you to end or cure the breach;
  • demand that you bring the breaching User Content into compliance with these Terms and applicable law;
  • deny the publication of the breaching User Content on the Website;
  • temporarily or permanently remove the breaching User Content from the Website, restrict access to it or delete it;
  • restrict your rights of use of or access to the Website by any means, including blocking any traffic from your IP address;
  • delete your account, including all User Content therein, and effectively terminate the contract.

The Supplier is not required to give notice of any of the foregoing actions.

If the Supplier has reasonable grounds to believe that your use of the Website may harm other Users or any third persons, the Supplier has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those Users and third persons. In addition to the above, these measure include notifying the relevant authorities.

In addition to the foregoing, the Supplier may use all other remedies under the applicable law.

DISCLAIMERS AND RESTRICTION OF LIABILITY

The Supplier provides the Websites "as is" and "as available" with no warranties of any kind. The Supplier expressly disclaims any warranty, express or implied, regarding the Website, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement of proprietary or other rights, correctness, accuracy and reliability, or that the Website will be secure, uninterrupted or free of errors, viruses or other harmful components or that defects will be corrected.

The Website may include links to other websites or services (hereinafter Linked Sites). The Supplier does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites.

To the greatest extent possible under applicable law, the Supplier shall not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with the Website.

MODIFICATION TO THE WEBSITE AND THE TERMS

The Supplier reserves the right to modify the Website and its contents from time to time without prior notice and explanation. Such modifications may include changes in the touch and feel of the Website, rebranding the Website, etc.

The Supplier may modify the Terms from time to time. The modifications may be introduced as a result of the following:

  • a change in the applicable law or its interpretation;
  • a court decision, administrative act or other legal act requiring the amendment;
  • the modification or termination of a functionality on the Website or an introduction of a new one;
  • complaints and suggestions from Users;
  • new technologies and other innovations, which allow the Supplier to enhance the quality, security and user experience of the Website;
  • changes in the business model or work organisation of the Supplier;
  • other unforeseeable circumstances when amending the Terms is reasonably required.

For any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will automatically be effective upon the earlier of your continued use of the Website with actual knowledge of such modifications, or 30 days from publication of such modified Terms on or through the Website.

You may refuse to agree to the modified Terms. In that case you must immediately cease using the Website. Your continued use of the Website after such modifications have been published constitutes your binding acceptance of such modifications.

TERMINATION OF THE CONTRACT

You may terminate the contract at any time. You can do that by deleting your account or sending us an email to [email protected], stating clearly that you wish to terminate the contract.

The Supplier may terminate the contract for convenience at any time upon decision to end provision of the Website. The Supplier may terminate the contract if you breach these Terms and do not remedy the breach within the reasonable deadline given by the Supplier. The Supplier may terminate the contract immediately if you materially breach these Terms.

Upon termination of the contract, the Supplier will deactivate and permanently delete your account, including all User Content therein, as soon as reasonably possible.

LANGUAGE

The Terms, the Website and the support of the Supplier are available in the English language. The Supplier may make available other language versions thereof. You confirm that you fully understand the chosen language of the Terms, the Website and the support of the Supplier and consent to the use of it.

SEVERABILITY

If any provision of the Terms becomes or is determined to be invalid or unenforceable, then the invalidity or unenforceability of that provision does not affect the validity or enforceability of the remaining provisions of the Terms. In such a case, the parties shall replace the invalid or unenforceable provision with a valid or enforceable provision that allows for the maximum attainment under the law of the very same effect and result as was intended by the replaced provision without undue delay.

APPLICABLE LAW

The Terms are made under, and shall be governed, interpreted and enforced in accordance with the laws of the Republic of Estonia, without regard to the conflict of laws principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Regardless of the foregoing, you also enjoy the protection of the mandatory provisions of law that are applicable in your home country.

DISPUTE RESOLUTION

We will make our best efforts to solve any disputes amicably. Should it prove to be impossible within reasonable time, the dispute will be settled in Harju County Court (Harju Maakohus) in the Republic of Estonia. However, if you are considered to be a consumer in the EU, you may bring proceedings against us either in Harju County Court (Harju Maakohus) in the Republic of Estonia or in the courts of the country where you are domiciled and we may bring proceedings against you in the courts of the country where you are domiciled.

SUPPLIER

SayAt.Me OÜ
Estonian Commercial Registry Code: 14089713
E-mail address: [email protected]