Laatst bijgewerkt op 2026-04-22
The Extravagant Company Oy Ltd ("Exolyt", "we", "us", "our")
Lapinlahdenkatu 16, 00180 Helsinki, Finland
E-mail: legal@exolyt.com
Company ID: 3136121-2
EU VAT ID: FI31361212
These Terms of Service ("Terms", "Terms of Service") govern your use of our service Exolyt located at www.exolyt.com and app.exolyt.com (together or individually "Service") operated by The Extravagant Company Oy Ltd. Service has been created for providing analytical and statistical tools related to social media platforms and their use. Service is intended for use only on the latest versions of the following desktop browser: Chrome.
"We" and "You" may each be referred to individually as a "Party" and collectively as the "Parties".
By accessing or using the Service, you agree to be bound by these Terms. If you use our Service on behalf of an entity or organization, you are binding it to these Terms, and you represent that you have the authority to do so ("Agreement"). We may also enter into a separate written agreement with you and/or the organization you represent, the terms of which shall also apply to your use of the Service. When a separate written agreement has been signed, the written contract prevails over any overlapping articles in relation to these Terms.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms. You acknowledge that you have read and understood the Terms and agree to be bound by them. You have also read our Privacy Policy.
If you do not agree with (or cannot comply with) these Terms, then you may not use the Service, but please let us know by emailing legal@exolyt.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
"Analytics Data" means the processed information resulting from the systematic computational analysis of Data or Content that originates from the Platform. This may include, but is not limited to, user engagement metrics, demographic information, behavioral patterns, and other statistical or predictive insights derived from the examination of raw Data or Content from the Platform.
"Confidential Information" means all non-public information disclosed by either Party to the other in connection with the Agreement, whether in writing, orally, electronically, or by inspection, that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, pricing, technical data, product roadmaps, customer data, and the terms of this Agreement.
"Content" means End-User-generated content that an End-User has published on a third-party digital environment ("Platform").
"Customer" means the individual, company, or other legal entity that subscribes to the Service and is responsible for payment of applicable fees. Where a Customer has multiple Users, the Customer is responsible for ensuring all Users' compliance with these Terms. For the avoidance of doubt, "You" and "Your" refer to the Customer unless the context specifically indicates an individual User.
"Data" means any information, including but not limited to text, images, and other content, provided or generated by Customer or End-User. This encompasses all user-contributed content and information collected during interactions with the Platform.
"End-User" means a person or entity that is a registered user of a third-party digital environment Platform and whose content the Service utilizes.
"Entity" means the legal entity — such as a company, partnership, or organization — identified as the subscribing party in the applicable Subscription. Subsidiaries, affiliates, and other related legal entities are treated as separate Entities and require separate Subscriptions unless otherwise agreed in writing by Exolyt.
"Intellectual Property Rights" means the legal rights granted to individuals or organizations over the creation or invention such as an idea, brand, design, trade secret, or a work of art or literature, including patents, copyrights, trademarks, and design rights, providing the owner the exclusive control over its use, distribution, and monetization for a certain period of time.
"List Price" means the then-current published price for the applicable Subscription tier as displayed on the Service or otherwise communicated by Exolyt.
"User" means each person or entity that is granted access to the Service.
"User Information" means information you provide to the Service that is included and can be searched for in the Service.
"Platform" means third-party digital environments and services, such as TikTok, from which Exolyt provides its services by utilizing the available content.
"Seat" means an individual User license assigned to a specific named individual within a Team, granting that individual access to the Service under the applicable Subscription. Each Seat is personal and non-transferable.
"Team" means a group of named individuals within a single Entity who are authorized to access the Service under a shared Subscription. Each Team is associated with one Entity and one Subscription plan.
"Service" means the Exolyt online service at https://exolyt.com and https://app.exolyt.com, through which Users can utilize data available on the Platform.
"We," "Our" or "Us" means Exolyt.
Exolyt shall make the Service available to the User, accessible via a web interface.
The Service operates by collecting Analytics Data from the Platform. This process involves the combination of Data and Content to generate valuable insights. These insights are then provided to you, enhancing your understanding and enabling more informed decision-making. Please note that the specific nature of the Analytics Data, as well as the insights derived from it, may vary based on the Data and Content available from the Platform at any given time.
The Customer may order consultation services from Exolyt by separate orders agreed by the Parties. The orders are part of the Agreement, and these Terms apply to the orders.
You are granted a limited, non-transferable right to access and use our Service in accordance with these Terms of Use. We may modify, update, or discontinue the Service at any time.
By using the Service, You agree to comply with all applicable laws and regulations, as well as these Terms of Use. You also acknowledge and agree that You are solely responsible for your actions and use of the Service, including utilizing End-User Data, and that You will not use the Service for any unlawful or prohibited purposes.
The Service relies on data accessible from third-party Platforms. Exolyt does not control these Platforms and cannot guarantee uninterrupted availability of data from any Platform. Changes in Platform terms, APIs, or data access policies may affect the scope, accuracy, or availability of Analytics Data. Such changes shall not constitute a breach of these Terms. If a Platform change materially and persistently affects the Service, Section 22 (Changes to Service) shall apply.
Communications related to the operation of your account and Service (such as billing notifications, security alerts, and service updates) will be sent as necessary. Marketing and promotional communications are governed by Section 12 (Privacy and Data).
Exolyt may place the Customer's trade name, logo, and quotes on its social media, promotional literature, Webpages, catalogs, advertising material, and case studies without prior approval from the Customer. Any other use of the trade name shall be subject to prior written approval by the Customer, which shall not be unreasonably withheld.
To subscribe to a paid plan with Team or multi-Seat access, you must provide a valid business email address and the legal name of the subscribing Entity. Exolyt may require additional documentation to verify the Entity's identity before activating or continuing the Subscription.
To make a purchase ("Purchase") or subscribe to our services, you may be required to provide certain information, including credit or debit card details, billing address, and other relevant details. By supplying this information, you confirm that you have the legal right to use any provided payment method and that the information is accurate.
Some parts of our Service are billed on a subscription basis ("Subscription(s)"). Your Subscription will be billed in advance on a recurring basis ("Billing Cycle"), determined by the chosen subscription plan (based on e.g., time, users, or features). For example, subscription plans may be based on monthly, annual, or quarterly periods, user count, or access to premium features.
We may use third-party services to facilitate payments and Subscription processes. By submitting your information, you grant us the right to share it with these third parties, subject to our Privacy Policy. Our order process is conducted by our online reseller, (Paddle.com), acting as the merchant of record ("Merchant of Record"). Paddle provides all customer service inquiries and handles returns. You can view Paddle's terms at Paddle.com/legal. In the event of any conflict between these Terms and the terms of the Merchant of Record regarding payments and subscriptions, the Merchant of Record's terms shall prevail.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless canceled by you or Exolyt. Cancellation can be done through your online account management page or by contacting legal@exolyt.com.
A valid payment method is required for Subscription processing. By submitting payment information, you authorize Exolyt (or our Merchant of Record) to charge all Subscription fees incurred through your account. Failure of automatic billing may result in immediate termination of Service access.
Exolyt may, at its sole discretion and at any time, modify Subscription fees, with changes becoming effective at the end of the current Billing Cycle. You will receive reasonable prior notice of any change in Subscription fees, providing an opportunity to terminate your Subscription before the change becomes effective. A reasonable notice period will be at least 30 days. Your continued use of the Service after the Subscription fee changes come into effect will be deemed as acceptance of such change to pay the modified Subscription fee amount.
Subscription Feature Modifications. Exolyt may modify the features, usage limits, Seat allocations, data quotas, or other parameters included in any Subscription plan at any time. For modifications that materially reduce the functionality or entitlements of an active Subscription plan, Exolyt will provide at least thirty (30) days' prior written notice to affected Customers. During this notice period, Customers may terminate their Subscription effective at the end of the current Billing Cycle. Annual or multi-year Subscriptions will be honored through the current committed term before any reduction in functionality takes effect, unless the Customer consents to earlier application. Non-material adjustments — such as changes to fair-use thresholds, rate limits, or operational parameters — may be made at any time with reasonable notice via the Service or email.
Refund and Switching Rights. Fees paid for Subscriptions are non-refundable, except where required by applicable law, including, but not limited to, the EU Data Act (Regulation 2023/2854), Chapter III (Articles 23–31), and switching rights. Where a User exercises lawful switching rights, Exolyt shall provide a pro-rata refund for unused portions of prepaid Subscription periods, subject to a reasonable administrative fee not exceeding the actual costs of facilitating the switch. Refund requests must be submitted within thirty (30) days of the switching event. Where the Customer qualifies as a consumer within the meaning of Directive 2011/83/EU on consumer rights, the Customer may request a refund within 14 days of the initial purchase or renewal payment by contacting legal@exolyt.com. Refund requests are handled by our Merchant of Record (Paddle) and are subject to their terms and conditions.
If a Customer fails to pay any sum due, Exolyt shall have the right to charge interest in accordance with the Interest Act (633/1982, as amended) of Finland.
Service use is limited to specific business units or teams within the subscribing legal Entity as per the Subscription tier, and cannot be extended to other units, teams, or Entities without a separate Subscription or additional Seats. Each Seat is for one named User only and cannot be shared or transferred. Usage is for the Entity's internal business purposes only. Use by other legal entities, affiliates, subsidiaries, or uncovered business units is unauthorized. Exolyt reserves the right to treat unauthorized use as a material breach, potentially leading to immediate suspension, retroactive billing at list price, and termination of the Agreement.
Seats may be reassigned to a different named individual to accommodate personnel changes such as employee departures, role transitions, or team restructuring. Seat assignments may be updated no more than once per calendar month. Frequent or systematic reassignment of Seats beyond this limit, or reassignment patterns designed to expand access beyond the purchased number of Seats, is prohibited and may be treated as a material breach of these Terms.
Geographic and Jurisdictional Restrictions - Service is intended for use in jurisdictions where using Exolyt does not violate any regulatory restrictions. Users accessing from restricted jurisdictions do so at their own risk and are solely responsible for complying with local laws. Exolyt may restrict or terminate access where continued provision would conflict with applicable sanctions, export controls, or regulatory requirements, and shall not be liable for any resulting service limitations.
Plan Deprecation. Exolyt may discontinue or modify Subscription plans upon at least sixty (60) days' prior written notice to the affected Customer. During this period, Customer may migrate to a comparable active plan; those who do not will be migrated to the most comparable plan at the current pricing. Annual or multi-year Subscriptions will be honored through the current committed term before migration takes effect.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons, or if fraud or an unauthorized or illegal transaction is suspected.
Fair Use. Each Subscription plan is subject to fair-use limits appropriate to the plan tier, including but not limited to query volumes, data export volumes, tracked profiles, and API call frequency. Current fair-use thresholds are published in the Service documentation or communicated at the time of Subscription. Usage that materially exceeds the fair-use thresholds applicable to the Customer's plan — whether by individual Users or in aggregate across the Customer's Seats — may result in throttling, temporary restriction of Service features, or a requirement to upgrade to a higher-tier plan. Exolyt will notify the Customer before taking restrictive action under this paragraph, except where the usage poses an immediate risk to Service availability or performance.
Any contests or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply. Promotions that do not specify an explicit validity period shall expire one year from the date of their announcement.
Exolyt may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for a free trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by Exolyt until the Free Trial has expired. Within 24 hours following the end of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
Free Trials are limited to one per Entity. Creating multiple accounts to obtain additional Free Trial periods is prohibited. Fair-use limits and the Prohibited Uses (Section 9) apply during the Free Trial.
At any time and without notice, Exolyt reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
Content found on or through this Service is the property of Exolyt or used with permission. You are permitted to use the Content for internal business purposes, provided such use does not compete with the Exolyt service. This includes scenarios where organizations - such as marketing agencies supporting their clients' marketing efforts, or strategic consultancies offering visualizations or derived estimations for strategic advice - seek to utilize the Exolyt content.
However, you may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes competing with Exolyt service, or for personal gain, outside of these specified internal business uses, without express advance written permission from us.
Due to the nature of our service, the social media data and analytical insights provided by the Service are not always up to date. Reasons for this can include changes to third-party services or other factors beyond our control. If you experience problems with having up-to-date insights on your tracked items for over 48 hours, you have the right to request an extension to your current paid subscription plan for the time that the data update issues were affecting the use of the service. This extension of subscription is not a refund; it cannot be exchanged into a cash amount, is capped at a maximum of 30 days, requires you to have paid any outstanding invoices, and expires upon termination of your paid subscription.
You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:
Unauthorized Data Extraction. You shall not, directly or through third parties, systematically retrieve, scrape, harvest, copy, or extract any Data, Analytics Data, Content, or other information from the Service — whether through automated means (including but not limited to bots, scripts, crawlers, browser extensions, or API abuse) or manual processes conducted at scale — to create or compile, directly or indirectly, any collection, compilation, database, directory, or dataset, including for the purpose of training machine learning or AI models, without Exolyt's prior written authorization. Violations constitute a material breach subject to immediate account suspension, termination, and liability for damages, including disgorgement of profits derived from unauthorized data use.
Additionally, you agree not to:
We reserve the right to: (1) monitor the Service for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your content, data, or materials submitted to or generated through the Service, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
We may use third-party Service Providers to monitor and analyze the use of our Service. More information about the use of third-party service providers can be found in the Privacy Policy.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
For business use of the Service, you must register using a valid company email address associated with the subscribing Entity and provide the Entity's legal name and registered address. Accounts registered with personal or generic email providers (such as Gmail, Yahoo, or Outlook) may be classified as individual accounts and may not be eligible for Team or multi-Seat Subscriptions. Exolyt reserves the right to request additional verification of your identity or affiliation with the subscribing Entity at any time, and to restrict access to business-tier features until adequate identification is provided. You must promptly update your account information if any details change. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account.
Concurrent active sessions on a single account from multiple devices are prohibited unless originating from the same authorized User. Exolyt may automatically restrict concurrent sessions and require re-authentication. Patterns of concurrent usage from geographically inconsistent locations shall constitute a presumption of credential sharing, and Exolyt may suspend access pending verification without prior notice.
You may not use as a username the name of another person or entity, or a name or trademark that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. You may grant access to third parties to use our Service only with prior written consent from Exolyt. You must ensure that third parties accessing our Service adhere to confidentiality obligations similar to those described herein. You are responsible for third-party compliance with these Terms and our privacy policy, as you are for your own use. Violations may result in termination of access. We reserve the right to monitor and enforce compliance. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We value your privacy and are committed to protecting your personal information in accordance with the standards set out in the EU General Data Protection Regulation (2016/679, "GDPR"). We will only collect, use, and disclose your personal information in accordance with our Privacy Policy. We may send you service-related communications necessary for the operation of your account. With your separate consent, we may also send you newsletters, marketing, or promotional materials. You may withdraw your consent or opt out of promotional communications at any time by following the unsubscribe link or by emailing privacy@exolyt.com.
With respect to personal data of End-Users collected from Platforms, Exolyt acts as an independent data controller and processes such data on the basis of legitimate interest (Article 6(1)(f) GDPR). Exolyt has conducted a Data Protection Impact Assessment ("DPIA") in connection with this processing; a summary is available by email upon request. With respect to personal data of Customer's Users (such as account data and usage data), Exolyt acts as a data processor on behalf of the Customer, subject to the terms of the Data Processing Agreement ("DPA"). A copy of the DPA is available upon request. The DPA is incorporated into these Terms by reference. By accepting these Terms, the Customer agrees to the terms of the DPA. In the event of any conflict between these Terms and the DPA regarding the processing of personal data, the DPA shall prevail.
We will securely retain specific data you send to the Service to monitor its performance, along with data related to your Service usage. While we conduct routine backups of data, it is your sole responsibility for all data you transmit or that is associated with any activities on the Service. You acknowledge and agree that we bear no liability for any loss or corruption of such data, and you hereby waive any claims against us arising from such loss or corruption.
We respect the Intellectual Property Rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@exolyt.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Us the following information in writing:
You can contact Us via email at legal@exolyt.com. We respond to notifications of claimed copyright infringement without undue delay.
Our Service may contain links to third-party websites or services that are not owned or controlled by Exolyt.
Exolyt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Exolyt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
A Party (i) may not disclose to any third party any Confidential Information received from the other Party; and (ii) may not use the other Party’s Confidential Information for any purpose other than for fulfilling the purpose of the Agreement. A Party may disclose the other Party’s Confidential Information only to its employees, directors, owners, investors, subcontractors, officers, and representatives (jointly ”Representatives”), who need the Confidential Information for fulfilling the purpose of the Agreement or for the purpose of financing the receiving Party’s operations. Each Party shall be liable for ensuring that its Representatives comply with the obligations in this Section.
The following information is not however considered as Confidential Information: (i) information which is generally available or otherwise available to the public through no breach of this confidentiality obligation; (ii) information which the receiving Party receives separately from a third party; (iii) information which was in the possession of the receiving Party prior to receipt of the same from the other Party; (iv) information which the receiving Party has independently developed without using the other Party’s Confidential Information; or (v) information which must be disclosed based on mandatory law or a court order. In case of the circumstances defined in Section (v), the receiving Party must notify the disclosing Party of such circumstances promptly. The Party shall have the right to utilize in its ordinary business activities the general expertise and experience that it has learned when performing under this Agreement.
The receiving Party’s obligations in this Section with respect to the disclosing Party’s Confidential Information remain in force during the provision of Service, and five (5) years from the date the Confidential Information was disclosed to the receiving Party.
These services are provided by Exolyt on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service, Analytics Data, or the information, content, or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither We nor any person associated with Us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Exolyt nor anyone associated with Us represents or warrants that the Service, its content, Analytics Data, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the Service or any Analytics Data or items obtained through the Service will otherwise meet your needs or expectations.
You understand and agree that we assume no liability for any losses, damages, or inconveniences resulting from your inability to access or use the Service during periods of downtime or discontinuance.
Exolyt hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, Exolyt shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, however caused and under any theory of liability, whether or not Exolyt has been advised of the possibility of such damages.
Subject to the foregoing, a Party's aggregate maximum liability for all claims arising under or in connection with these Terms shall not exceed the total fees, excluding VAT, paid or payable by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim.
The limitations set out in this Section shall not apply to: (a) damages caused by gross negligence or wilful misconduct; (b) breach of Section 17 (Confidentiality); or (c) the Customer's indemnification obligations under these Terms.
Content published by End-Users on the social media account data viewed through the Service is the sole responsibility of the originator of that Content. Exolyt does not endorse, guarantee, or assume responsibility for the accuracy, completeness, reliability, or usefulness of any Analytics Data or Content, and the Customer uses such data at their own risk.
The Customer agrees to indemnify and hold Exolyt harmless from any claims, damages, or losses arising from the Customer's use of Analytics Data and Content.
These Terms of Use shall remain in full force and effect while you use the Service. The Agreement will remain in force for the Subscription term agreed between the Parties, after which it will continue to be in force for subsequent renewal Subscription terms in accordance with the Billing Cycle, which by default is a calendar month. The Agreement may be terminated by either Party upon prior written notice to the other Party, unless otherwise agreed in writing. Termination shall take effect at the end of the next Billing Cycle following the date of notice.
Early Termination Framework. Either Party may terminate this Agreement for convenience upon thirty (30) days' prior written notice to the other Party. In the event of early termination by the User, no refund shall be due for the remaining Subscription period unless otherwise required by applicable law. Exolyt may terminate or suspend access to the Service for cause, including: (a) material breach of these Terms that remains uncured for fifteen (15) days after written notice; (b) non-payment of fees exceeding thirty (30) days past due; (c) violation of applicable laws or regulations; or (d) conduct that poses a security risk or threatens the integrity of the Service. For grounds (b) through (d), Exolyt may act immediately without prior notice. Upon termination for any reason, User's right to use the Service ceases immediately, and Exolyt may delete User data, including any saved views, tracked item lists, custom reports, and account configurations, after a thirty (30) day grace period following termination. During this grace period, the Customer may export their data and configurations in the formats made available by the Service.
Graduated Remedies and Enforcement. If Exolyt reasonably determines that a User has violated these Terms, Exolyt may, at its sole discretion, take one or more of the following actions proportionate to the nature and severity of the violation: (a) issue a written warning specifying the violation and required corrective action; (b) temporarily restrict or suspend specific Service features or the User's entire account, in whole or in part, pending investigation or resolution; (c) permanently terminate access to the Service for serious or repeated violations; (d) charge additional fees reflecting actual unauthorized usage; (e) withhold or forfeit any prepaid fees for the remaining Subscription term where termination results from the User's breach; and (f) pursue recovery of damages, including lost revenue, costs of investigation, reasonable legal fees, and injunctive or equitable relief. The selection of a remedy shall consider whether it is a first or repeated offense, the User's cooperation in resolving the matter, and the impact on Exolyt's business, other Users, or third parties. For violations other than those involving unauthorized data extraction (Section 9), fraud, or illegality, Exolyt will provide the User with reasonable notice and an opportunity to cure before taking action under (c) or (e).
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, confidentiality, intellectual property, limitations of liability, governing law, and settlement of disputes.
These Terms shall be governed and construed in accordance with the laws of Finland, except for its conflict-of-laws principles.
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland, and the language of the arbitration shall be English.
Notwithstanding the preceding sentences, claims for non-payment of monetary charges may be resolved in the district court of the respondent’s place of domicile if the respondent does not contest its payment obligation.
If the parties so agree in writing, any dispute, controversy, or claim arising out of the agreement shall be resolved in the district court of Helsinki, Finland.
We reserve the right to make changes to the Service, withdraw or amend our Service, and restrict access to some parts or the entire Service, at our sole discretion and without notice. We will make our best effort to inform you in advance of such changes.
We may also make changes to the Service that relate to the production environment, are necessary for data security, or result from legal requirements.
If we make a change having a material effect on the content of the Service, we will inform you in writing at least 30 days before the effective date, and you will have the right to terminate the agreement by giving thirty (30) days' prior written notice. If not given, you shall be deemed to have accepted the change.
We reserve the right to make changes or modifications to these Terms. We will notify you via email of significant amendments and update the “Last updated” date on our website for minor amendments. It is your responsibility to review these Terms periodically.
We may also suspend the Service for a reasonable period if it's necessary for us to conduct installation, change, or maintenance work concerning the Service. We will do our best to inform you about the suspension and its expected duration in advance.
Information on the Service may include typographical errors, inaccuracies, or omissions, and we retain the right to rectify any such errors and to modify or update the information without advance notice.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new terms, you are no longer authorized to use the Service.
No waiver by Exolyt of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Exolyt to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
If the fulfilment of a Party’s obligation under the Agreement is prevented, becomes more difficult or is delayed due to an impediment beyond the Party’s reasonable control (”Force Majeure”), such as, but not limited to, strike, lockouts, boycotts, embargoes, outbreak of epidemic or pandemic, fire, storm, flood, explosion, power failure, war or war-like situations, riot, act of government, act of public or local authority, supply chain breakdowns, labor dispute, water damage, other accident, natural phenomenon, malfunction in telecommunication, lack of source of energy, change in legislation, or price volatility due to the events as defined above, the Party is not deemed to be in breach of the Agreement as long as necessary under the circumstances. A labor dispute is deemed as a Force Majeure event, also when the Party is the target or a party to such an action. Force Majeure events suffered by a subcontractor of a Party are also deemed as Force Majeure events. A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as reasonably possible following the occurrence of such event, and similarly give notice of the restoration of normal conditions. The Parties shall take all reasonable measures to minimize the consequences of Force Majeure. Each Party shall be entitled to terminate the Agreement in case of an event of Force Majeure in excess of three (3) months.
Either Party may not assign the Agreement to a third party without the prior written consent of the other Party. However, a Party may assign the Agreement without the consent of the other Party to a transferee, when assigning the ownership of the Party’s business assets or part thereof, or to the Party’s affiliated company, and, for the avoidance of doubt, in a merger or a demerger.
The Agreement constitutes the complete agreement between the Parties with respect to its subject matter. It supersedes all previous proposals, marketing materials, and other communications between the Parties with respect to the subject matter of the Agreement.
By using our service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.
These Terms of Service, together with possible written agreement and any applicable Privacy Policy and other referenced documents, constitute the entire agreement between Exolyt and Customer regarding the use of the Service.