ਤੇ ਆਖਰੀ ਅੱਪਡੇਟ ਕੀਤਾ ਗਿਆ2024-05-20
The Extravagant Company Oy Ltd (“Exolyt”, “we”, “us”, “our”)
Lapinlahdenkatu 16 c/o Maria01, 00180 Helsinki, Finland
E-mail: support@exolyt.com
Company ID: 3136121-2
EU VAT ID: FI31361212
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our service Exolytlocated at www.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 meant to be used only on the latest versions of the following desktop browsers: Safari and 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 Services 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 overrules any potential overlapping articles in relation to these Terms.
OurPrivacy Policyalso 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 support@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.
"We" and "You" may each be referred to individually as a "Party" and collectively as the "Parties".
"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.
“Content” means End-User generated content that an End-User has downloaded to a third-party digital environment (“Platform”).
“Data” means any information, including but not limited to text, images, and other content, provided, or generated by Customers or End-Users. 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.
“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.
“User”means each person or entity which is granted access to the Service.
“User Information” means information you provide to the Service that are 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.
“Service”means the Exolyt online service at https://exolyt.com through which Users can utilize data available on the Platform.
“We,” “Our” or “Us” means Exolyt.
“You” or “Your” means the individual, company, or other legal entity that is Our User and for which you are accepting these Terms of Use.
Exolyt shall make the Service available to the Customer, accessible through 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 and 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.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@exolyt.com.
Reference: Exolyt may place the Customer’s trade name, logo and quotes on its social media, promotional literature, Webpages, catalogues, 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 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. The order process is facilitated by our online reseller (currently Paddle), acting as the merchant of record (“Merchant of Record”). Any conflicts between these Terms and terms of the Merchant of Record regarding payments and subscriptions the terms of the Merchant of Record shall prevail.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless cancelled by you or Exolyt. Cancellation can be done through your online account management page or by contactingsupport@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 Subscription fee changes come into effect will be deemed as acceptance of such change to pay the modified Subscription fee amount. Fees paid for the Subscriptions and Services are non-refundable.
If a Customer fails to pay any sum due, Exolyt shall have a right to charge interest according to the Interest Act (633/1982, as amended) of Finland.
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, error in your order or other reasons, or if fraud or an unauthorized or illegal transaction is suspected.
Any contests, or other promotions (collectively, “Promotions”) made available through 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.
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 Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by Exolyt until Free Trial has expired. Starting from UTC 00:00 on the day immediately following the end of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Exolyt reserves the right to (i) modify Terms of Service of 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 providing services to support their clients' marketing efforts or strategic consultancies offering visualizations or derived estimations for strategic advice, seek to utilize 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, social media data and analytical insights provided by Service are not always up-to-date. Reasons for this can include changes in third-party services or other changes that are out of our reach. If you experience problems with having up-to-date insights on your tracked items for over 48 hours, you have right to request extension to your current paid subscription plan for the time that the data update issues were affecting the use of 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, require you to have paid any outstanding invoices and expire upon termination of your paid subscription.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
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 Contributions 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 on 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 Service.
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 breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or 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 with prior written consent. 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.
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 following information in writing ():
You can contact Us via email at support@exolyt.com. We respond to notifications of claimed copyright infringement without undue delay.
Our Service may contain links to third party web sites 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 web sites 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 web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party web sites 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 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 promptly the disclosing Party of such circumstances. The Party shall have the right to utilize in its ordinary business activities the general expertise and experience that it has learnt 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 as 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 company on an “as is” and “as available” basis. We makes 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 company 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.
Company 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 particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
We shall not be liable for any losses or damages whatsoever, including but not limited to direct, indirect, special, incidental, punitive, or consequential damages, or damages based on lost profits, data, or use, however caused and, whether in contract, tort or under any other theory of liability, whether or not you have been advised of the possibility of such damages.
You agree to use the Service at your own risk and to comply with all applicable laws and regulations regarding the use of the Content. We are not liable for any harm, loss, or damage that may arise from the use of the Analytics Data, and/or Content provided within the Service. We disclaim any responsibility whatsoever for any Analytics Data, and/or Content within the Service regardless of who originated that content.
Content published by anyone other than Us in the Service is the sole responsibility of the originator of that Content. We are not responsible for any Content available in the Service.
A Party’s aggregate maximum liability for damages to the other Party shall not exceed twelve (12) months fees excluding VAT, paid or payable by You. The limitations of liability shall not apply to damages caused by gross negligence or wilful misconduct or to breach of section17(Confidentiality).
We make every effort to ensure the quality and appropriateness of Analytics Data, and Content, however We do not endorse, guarantee, or assume any responsibility for the accuracy, completeness, reliability, or usefulness of Analytics Data and/or Content..
We are not liable for any harm, loss, or damage that may arise from the use or reliance on any Analytics Data, and/or Content published in the Service.
We are not responsible for any infringement or violation of any third-party rights resulting from the Users’ use of Analytics Data, and/or Content in the Service.
The User agrees to indemnify and hold Us harmless from any claims, damages, or losses arising from the use of Analytics Data and/or 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 term in accordance with the Billing Cycle which by default is calendar month. The Agreement can be terminated by either Party by giving a prior written notice to the other Party unless agreed otherwise in writing. Termination shall take effect at the end of the next Billing Cycle following the date of notice.
A Party may terminate the Agreement also with an immediate effect by giving the other Party a written notice if the other Party commits a material breach of the Agreement and fails to remedy the same within thirty (30) days after the receipt of a written demand from the other Party to cure the breach.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, confidentiality, intellectual property, limitations of liability and governing law and settlement of disputes.
These Terms shall be governed and construed in accordance with the laws of Finland, except its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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 Platform that relate to the production environment, and are necessary for data security, or result from legal requirements.
If we make a change having a material effect on the content of the Platform, 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 on 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.
All amendments to the Agreement must be made in writing and signed by each Party.
No waiver by Company 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 Company 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 labour 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 minimise 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 the subject matter of the Agreement and supersedes all previous proposals, marketing materials and other communications between the Parties with respect to the subject matter of the Agreement.
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
This Terms of Service, together with possible written agreement and any applicable Privacy Policy and other referenced documents, constitutes the entire agreement between Exolyt and Customer regarding the use of the Service.
Please send your feedback, comments, requests for technical support by email: support@exolyt.com.