Privacy Policy

Last updated 28 April 2023

1. General Information

This privacy policy relates to OnTime Enkel applications and web programs hereinafter called Services. In this Privacy Policy, we explain what information we collect, how we use it, and what rights you have in relation to it. The Company reserves the right to change this policy and our Terms of Service at any time.  We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. The contacts concerning the rights shall be submitted to the controller’s contact person:

Registrar:

Enkel Ab, Köpmansgatan 16, 68600 Jakobstad, Finland

The contact person responsible for the register:

Kaj Östman
        e-mail: kaj@enkel.fi 
        Mobile: +358 44 983 4866

2. User Rights

Your rights can be put into action only when you have been satisfactorily identified. You may also have a right to lodge a complaint to the supervisory authority if you think that the processing of your personal data infringes the data protection laws. You may have the right to use the below-listed data protection rights:

  1. Right to inspect

The data subject has a right to inspect what data the controller has stored of him/her.

  1. Right to rectify and erasure

The data subject has a right to request the controller to rectify or erase the personal data concerning the data subject on the grounds provided by law.

  1. Right to restriction of processing

The data subject can request the controller to restrict the processing of the personal data concerning the data subject on the grounds provided by law.

  1. Right to data portability

The data subject shall have a right to receive the personal data concerning him/her, which he/she has provided to the controller, in a structured, commonly used, and machine-readable format where the processing is performed automatically and based on consent or a contract.

  1. Right to object

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him/her for such marketing. Where personal data are processed on the basis of the legitimate interests of the controller, the data subject shall have the right to object to the processing of personal data concerning him/her for such purposes in accordance with the law.

3. Collection of Information

a. Personal information you disclose to us.  Contact and account     information, such as names, email addresses, and company names. Feedback or correspondence, such as information you provide when you contact us with questions, feedback, product reviews, or otherwise correspond with us online. Marketing information, such as your preferences for receiving communications about our activities and publications, and details about how you engage with our communications.

b. Information we collect automatically.   We automatically collect certain information when you use our Services. The information on Log and Usage we collect includes: Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include location data such as information about your device’s location (which can be either precise or imprecise, depending on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location. You can opt-out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note, however, if you choose to opt-out, you may not be able to use certain aspects of the Services.) your IP address (or proxy server), device information, Internet service provider and/or mobile carrier, operating system, and system configuration information, browser type, and settings, and information about your activity on the Services (such as the date/time stamps associated with your usage, pages, and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

4. Use of Information   We use the information we collect or receive based on our legitimate and complementary interests:

a. To provide and support the Services.  We use your personal information to operate, maintain, and provide you with the Services pursuant to our contract with you, including to: allow you to create and use an account; create and display your profile and personalized presentation fingerprint and archetype; allow you to browse the Services, view other presenters on the Service, and communicate with them; and respond to your requests, provide customer support, contact you in case of any issue with your account, and send you announcements, updates, security alerts, and support and administrative messages.

b. Improve, monitor, and protect our Services and communications.  It is in our legitimate interests to improve and keep our Services safe for our users, which includes: troubleshooting, testing and research and to keep the Services secure; data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Services and your experience; investigating and protecting against fraudulent, harmful, unauthorized or illegal activity; and providing customized Services and communications that may be relevant or of interest to you.

c.  Marketing and advertising.  Including for: Direct marketing (direct marketing communications as permitted by law, including, but not limited to, sending newsletters, and notifying you of special promotions, offers and events via postal mail, email, telephone, text message, and other means.) Interest-based advertising (engage our advertising partners, including third-party advertising companies and social media companies, to advertise our Services. For more information, or to understand your choices, please refer to our *Cookie Policy) Testimonials (post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update or delete your testimonial, please contact us at office@enkel.fi, and be sure to include your name, testimonial location, and contact information.) Where applicable, if you choose to subscribe to our marketing and advertising, we process your personal information based on your consent, which you may withdraw at any time.

d.  To enforce our agreements, to comply with legal obligations and to defend us against legal claims or disputes. We may use your personal information in our legitimate interests to enforce and comply with our terms and policies, to ensure the integrity of our Services and to defend ourselves against legal claims or disputes. Some processing may also be necessary to comply with a legal obligation, for example, to keep records of transactions, or as requested by any judicial process or governmental agency.

5. Store Information

At Enkel Ab, We have implemented technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information.

We generally retain your personal information for up to twenty-four (24) months past the termination of your user account (if you are a subscribed user), unless we are required to retain your information longer pursuant to our agreement with your organization, or otherwise to establish, protect, or defend legal rights.

6. *Cookie Policy

Our website and third-party services store cookies in your browser if you have chosen to accept this. You can access the information on the website even if you have refused to store cookies, but some functions may not work as intended. Most browsers accept cookies automatically. Look in the help option on your browser to learn more about how to turn off cookies.

Terms & Conditions of Service
Last updated 30 April 2023

This Agreement is entered into between Enkel AB. (“Product: OnTime Enkel”) and your organization (“Customer”) as of the Effective Date (as defined below). If the individual accepting this Agreement is accepting on behalf of a company, government agency, or other legal entity, such individual represents that they have the authority to bind such entity and its Affiliates to this Agreement, in which case the term “Customer” shall refer to such entity and its Affiliates. If the individual does not have such authority, or if the individual does not agree with the terms and conditions of this Agreement, such individual must not accept this Agreement and may not use the OnTime Enkel Product.

1. Definitions

  • Affiliates. An entity that directly or indirectly Controls, is Controlled by, or is under common Control with another entity, so long as such Control exists.
  • Control. For the purposes of this definition, this means beneficial ownership of 50% or more of the voting power or equity in an entity or legal rights to an agreement as the representative of the customer organization.
  • Confidential information. Any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure. However, “Confidential Information” will not include any information which:

(a) is in the public domain through no fault of receiving party;

(b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party;

(c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or

(d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

  • Documentation. The printed and digital instructions, on-line help files, technical documentation, and user manuals are made available by Enkel AB for the OnTime Enkel Product.
  • Effective Date. The last date this Agreement is executed, upon executing an Order Form, by accessing or using the Service in any manner or by clicking “Accept and Get Started” (or a similar button or checkbox) for use of a Free Trial Service.
  • Order Form. An order form, quote, or other similar document that sets forth the specific OnTime Enkel Product and pricing, therefore, and that references this Agreement and is mutually executed by the parties.

‍2. OnTime Enkel Product

2.1 Provision of OnTime Enkel Product. Subject to the terms and conditions of this Agreement, Enkel AB will make the OnTime Enkel Product available to Customer pursuant to this Agreement, the SLA (Service Level Agreement) attached in Exhibit A and the applicable Order Form, and hereby grants Customer a non-exclusive right to access and use the OnTime Enkel Product for the creation, upload, storage and sharing of its presentations.

2.2 Customer content

(a) All electronic content uploaded by customer or uploaded by Enkel AB on behalf of customer, is hereby referred to as "customer content".

(b) Customer will be the sole proprietor of all customer content stored on Enkel AB account(s). Enkel AB shall not claim ownership or endorse customer content stored on Enkel AB.

(c) Customer shall be responsible for:

(i) all customer content stored in Enkel AB account(s) and shared using OnTime Enkel Product.

(ii) holding all required permissions and copyrights for content uploaded to Enkel AB.

(iii) ensuring there are no violations of the Enkel AB Terms of Service and Privacy policy due to storage, consumption and sharing of customer content.

(d) Customer shall agree that sharing the content may allow other users to access and use the shared content at their own discretion.

(e) Customer agrees to provide Enkel AB (as well as agents or service providers acting on Enkel AB's behalf to provide the Services) the right to process customer content as part of the Services rendered but only: as necessary for Enkel AB to provide the Services, as otherwise permitted by these Terms, as otherwise required by law, and/or to respond to an emergency.

2.3 Data Security

(a) Enkel AB will maintain a security program materially in accordance with industry standards that are designed to

(i) ensure the security and integrity of Customer content uploaded by or on behalf of Customer to the OnTime Enkel Product (“Customer content” clause 2.2);

(ii) protect against threats or hazards to the security or integrity of Customer content; and

(iii) prevent unauthorized access to Customer content. Enkel AB’s security safeguards include measures for preventing access, use, modification, or disclosure of Customer content by Enkel AB personnel except (a) to provide the OnTime Enkel Product and prevent or address service or technical problems, (b) as required by applicable law, or (c) as Customer expressly permits in writing or under this Agreement. Enkel AB will not materially diminish the protections provided in this Section during the term of this Agreement.

(b) To the extent that Enkel AB processes any Personal Data (as defined in the DPA referenced below) contained in Customer content that is subject to the GDPR (as defined in the DPA), on Customer’s behalf, in the provision of the OnTime Enkel Product, the parties will execute a Data Processing Addendum (“DPA”).

(c) Some of Enkel AB services are designed to let customer upload, process, submit, store and share content. Customer is under no obligation to provide any data to OnTime Enkel Product and is free to choose the content that customer wishes to provide. Customer shall ensure all customer content uploaded to Enkel AB does not infringe copyrights.

(d) If Enkel AB reasonably believes that customer content or part of it breaches these terms or policies, violates applicable law, could harm Enkel AB users, third parties or Enkel AB itself, then Enkel AB shall reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content and content that infringes someone else’s intellectual property rights.

2.4 Customer Limitations. The rights granted herein are subject to the following restrictions (the “License Restrictions”). Customers will not directly or indirectly:

(a) reverse engineer, decompile, disassemble, modify, create derivative works of or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive, the source code underlying the OnTime Enkel Product;

(b) attempt to probe, scan or test the vulnerability of the OnTime Enkel Product, breach the security or authentication measures of the OnTime Enkel Product without proper authorization or wilfully render any part of the OnTime Enkel Product unusable;

(c) use or access the OnTime Enkel Product to develop a product or service that is competitive with OnTime Enkel’s products or Products or engage in competitive analysis or benchmarking;

(d) transfer, distribute, resell, lease, license, or assign OnTime Enkel Product or otherwise offer the OnTime Enkel Product on a standalone basis;

(e) use the OnTime Enkel Product or its assets in a manner, or in connection with a subject, that a reasonable person could consider unflattering, immoral, or controversial, taking into account the nature of the asset, examples of which could include, without limitation: ads for tobacco; adult entertainment clubs or similar venues or services; implied or stated endorsements of political parties or other opinion-based movements; or implying mental or physical impairment; or

(f) otherwise use the OnTime Enkel Product outside the scope expressly permitted hereunder and in the applicable Order Form.

3. Fees

‍3.1 Fees. Customers will pay OnTime Enkel the fees set forth in the Order Form. Except as otherwise specified herein or in any applicable Order Form, (a) fees are quoted and payable in Euros and (b) payment obligations are non-cancellable and non-pro-rateable for partial months, and fees paid are non-refundable.

3.2 Late Payment. Enkel AB may suspend access to the OnTime Enkel Product immediately upon notice if Customer fails to pay any amounts hereunder at least seven (7) days past the applicable due date.

3.3 Taxes. All amounts payable hereunder are exclusive of any sales, use, and other taxes or duties, however, designated (collectively “Taxes”). The customer will be solely responsible for payment of all Taxes, except for those taxes based on the income of Enkel AB. Customers will not withhold any taxes from any amounts due to Enkel AB.

‍4. Proprietary Rights and Confidentiality

‍4.1 Proprietary Rights. As between the parties, Enkel AB exclusively owns all right, title, and interest in and to the OnTime Enkel Product and Enkel AB’s Confidential Information, and Customer exclusively owns all right, title, and interest in and to the Customer content and Customers Confidential Information.

4.2 Feedback. Customers may from time to time provide Enkel AB suggestions or comments for enhancements or improvements, new features or functionality, or other feedback (“Feedback”) with respect to the OnTime Enkel Product. Enkel AB will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features, or functionality. Enkel AB will have the full, unencumbered right, without any obligation to compensate or reimburse Customer, to use, incorporate and otherwise fully exercise and exploit any such Feedback in connection with its products and services.

4.3 Confidentiality. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the other party’s prior written consent, except as otherwise permitted hereunder.

However, either party may disclose Confidential Information

(a) to its employees, officers, directors, attorneys, auditors, financial advisors, and other representatives who need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and

(b) as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof, will provide the disclosing party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

Neither party will disclose the terms of this Agreement to any third party, except that either party may confidentially disclose such terms to actual or potential lenders, investors or acquirers. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of an actual or threatened breach of the provisions of this Section or the License Restrictions, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Agreement.

4.4 Machine Learning. Customer acknowledges that a fundamental component of the OnTime Enkel Product is the use of machine learning for the purpose of improving and providing Enkel AB’s products and services. Notwithstanding anything to the contrary, Customer agrees that Enkel AB is hereby granted the right to use (during and after the term hereof) information related to presentations submitted hereunder to train its algorithms internally through machine learning techniques for such purpose.

4.5 Performance Metrics. Customer further agrees that Enkel AB has the right to aggregate, collect and analyze data and other information relating to the performance of the OnTime Enkel Product and shall be free (during and after the term hereof) to (i) use such data and other information to improve Enkel AB’s products and services, and (ii) disclose such data and other information solely in an aggregated and anonymized format that does not identify Customer or any individual.

4.6 Third-Party Services.  The OnTime Enkel Product may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services''). Customer’s access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and Customer may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. In any event, Customer agrees that its use of such Third-Party Services shall be at all times subject to the same restrictions upon use as the restrictions that apply to the OnTime Enkel Product contained in Section 2.3 of this Agreement.

5. Warranties and Disclaimers

‍5.1 OnTime Enkel. Enkel AB warrants that it will, consistent with prevailing industry standards, perform the OnTime Enkel Product in a professional and workmanlike manner and the OnTime Enkel Product will conform in all material respects with the Documentation. For material breach of the foregoing express warranty, Customer’s exclusive remedy shall be the re-performance of the deficient OnTime Enkel Product or, if Enkel AB cannot re-perform such deficient OnTime Enkel Product as warranted, Customer shall be entitled to terminate the applicable Order Form in accordance with Section 8.2(a) and recover a pro-rata portion of the fees paid to Enkel AB for the period agreed by both parties that the product OnTime Enkel Product has been deficient. The maximum applicable time period for this warranty is three (3) months.

5.2 Customer. Customer warrants that it has all rights necessary to provide any information, data, or other materials that it provides hereunder, and to permit Enkel AB to use the same as contemplated hereunder.

5.3 DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT THE ONTIME ENKEL PREZENT PRODUCT IS BASED ON PREDICTIVE STATISTICAL MODELS, AND IS INTENDED TO AUGMENT THE EFFICIENCY. THE ONTIME ENKEL PRODUCT MAY CONTAIN BUGS, MAKE ERRORS AND IN SUCH CASES ENKEL AB CAN DISENGAGE ANY FUNCTIONALITY OF THE ONTIME ENKEL PRODUCT AT CUSTOMER’S REQUEST.

5.4 BETA PRODUCTS. FROM TIME TO TIME, CUSTOMER MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH ENKEL AB WHERE CUSTOMER GETS TO USE ALPHA OR BETA PRODUCTS, FEATURES OR DOCUMENTATION (COLLECTIVELY, “BETA PRODUCTS”) OFFERED BY ENKEL AB. THE BETA PRODUCTS ARE NOT GENERALLY AVAILABLE AND ARE PROVIDED “AS IS”. ENKEL AB DOES NOT PROVIDE ANY INDEMNITIES, SERVICE LEVEL COMMITMENTS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION THERETO. CUSTOMER OR ENKEL AB MAY TERMINATE CUSTOMER’S ACCESS TO THE BETA PRODUCTS AT ANY TIME.

‍6. Indemnification

‍6.1 Indemnity by Enkel AB. Enkel AB will defend Customer against any claim, demand, suit, or proceeding (“Claim”) made or brought against Customer by a third party, by providing all existing data available for the Customer account as well as the history and description and proof of the time attendance calculations done by the OnTime Enkel software, alleging that the use of the OnTime Enkel Product as permitted hereunder infringes or misappropriates a Finnish patent, copyright, or trade secret and will indemnify Customer for any damages finally awarded against (or any settlement approved by Enkel AB) Customer in connection with any such Claim; provided that

(a) Customer will promptly notify Enkel AB of such Claim,

(b) Enkel AB will have the sole and exclusive authority to defend and/or settle any such Claim (provided that Enkel AB may not settle any Claim without Customer’s prior written consent, which will not be unreasonably withheld unless it unconditionally releases Customer of all related liability) and

(c) Customer reasonably cooperates with Enkel AB in connection therewith. If the use of the OnTime Enkel Product by Customer has become, or in Enkel AB’s opinion is likely to become, the subject of any claim of infringement, Enkel AB may at its option and expense

(i) procure for Customer the right to continue using and receiving the OnTime Enkel Product as set forth hereunder;

(ii) replace or modify the OnTime Enkel Product to make it non-infringing (with comparable functionality); or

(iii) if the options in clauses (i) or (ii) are not reasonably practicable, terminate this Agreement and provide a pro-rata refund of any prepaid fees corresponding to the terminated portion of the applicable subscription term.

Enkel AB will have no liability or obligation with respect to any Claim if such Claim is caused in whole or in part by (A) compliance with designs, guidelines, plans, or specifications provided by Customer; (B) use of the OnTime Enkel Product by Customer not in accordance with this Agreement; (C) modification of the OnTime Enkel Product by any party other than Enkel AB without Enkel AB’s express consent; (D) Customer Confidential Information or (E) the combination, operation or use of the OnTime Enkel Product with other applications, portions of applications, product(s) or services where the OnTime Enkel Product would not by itself be infringing (clauses (A) through (E), “Excluded Claims”). This Section states Enkel AB’s sole and exclusive liability and obligation, and Customer’s exclusive remedy, for any claim of any nature related to infringement or misappropriation of intellectual property.

6.2 Indemnification by Customer. Customer will defend Enkel AB against any Claim made or brought against Enkel AB by a third party arising out of the Excluded Claims, and Customer will indemnify Enkel AB for any damages finally awarded against (or any settlement approved by Customer) Enkel AB in connection with any such Claim; provided that

(a) Enkel AB will promptly notify Customer of such Claim,

(b) Customer will have the sole and exclusive authority to defend and/or settle any such Claim (provided that Customer may not settle any Claim without Enkel AB’s prior written consent, which will not be unreasonably withheld unless it unconditionally releases Enkel AB of all liability) and

(c) Enkel AB reasonably cooperates with Customer in connection therewith.

7. Limitation of Liability

‍EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS OR A BREACH OF CONFIDENTIALITY OR THE LICENSE RESTRICTIONS, UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, EVEN IF A REPRESENTATIVE OF SUCH PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) EXCLUDING CUSTOMER’S PAYMENT OBLIGATIONS, ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM.

‍8. Termination

‍8.1 Term. The term of this Agreement will commence on the Effective Date of the initial Order Form and continue until terminated as set forth below. The initial term of each Order Form will begin on the Order Form Effective Date of such Order Form and will continue for the subscription term set forth therein. Except as set forth in such Order Form, the term of such Order Form will automatically renew for successive renewal terms equal to the length of the initial term of such Order Form, unless either party provides the other party with written notice of non-renewal of at least thirty (30) days prior to the end of the then-current term. The list price may increase at renewal, and any discount applied during your initial term may no longer apply.

8.2 Termination. Each party may terminate this Agreement upon written notice to the other party if there are no Order Forms then in effect. Each party may also terminate this Agreement or the applicable Order Form upon written notice in the event (a) the other party commits any material breach of this Agreement or the applicable Order Form and fails to remedy such breach within thirty (30) days after written notice of such breach or (b) subject to applicable law, upon the other party’s liquidation, commencement of dissolution proceedings or assignment of substantially all its assets for the benefit of creditors, or if the other party become the subject of bankruptcy or similar proceeding that is not dismissed within sixty (60) days.

8.3 Survival. Upon termination of this Agreement, all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such termination will survive, including the License Restrictions and terms and conditions relating to proprietary rights and confidentiality, disclaimers, indemnification, limitations of liability and termination and the general provisions below.

‍9. General

9.1 Export Compliance. Each party will comply with the export laws and regulations of the European Union, and other applicable jurisdictions in providing and using the OnTime Enkel Product. The OnTime Enkel product is designed in accordance with Finnish law for time attendance tracking and in accordance with European Unions laws of use of personal information. The customer shall ensure that the software and use of OnTime Enkel application is in accordance with the Customer’s local and national laws and regulations.

9.2 Publicity. Customer agrees that Enkel AB may refer to Customer’s name and trademarks in Enkel AB’s marketing materials and website; however, Enkel AB will not use Customer’s name or trademarks in any other publicity (e.g., press releases, customer references, and case studies) without Customer’s prior written consent (which may be by email).

9.3 Assignment; Delegation. Neither party hereto may assign or otherwise transfer this Agreement, in whole or in part, without the other party’s prior written consent, except that either party may assign this Agreement without consent to a successor to all or substantially all of its assets or business related to this Agreement. Any attempted assignment, delegation, or transfer by either party in violation hereof will be null and void. Subject to the foregoing, this Agreement will be binding on the parties and their successors and assigns.

9.4 Amendment; Waiver. No amendment or modification to this Agreement, nor any waiver of any rights hereunder, will be effective unless assented to in writing by both parties. Any such waiver will be only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

9.5 Relationship. Nothing contained herein will in any way constitute any association, partnership, agency, employment, or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.

9.6 Unenforceability. If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms.

9.7 Governing Law. This Agreement will be governed by the laws of the Republic of Finland, exclusive of its rules governing choice of law and conflict of laws. This Agreement will not be governed by the EU Convention on Contracts for the International Trade and Common Commercial Policy of the EU.

9.8 Notices. Any notice required or permitted to be given hereunder will be given in writing by personal delivery, certified mail, return receipt requested, or by overnight delivery. Notices to the parties must be sent to the respective address set forth in the signature blocks below, or such other address designated pursuant to this Section.

9.9 Reseller agreement. In some instances, Enkel AB may act as a reseller of certain original equipment manufacturer services, such as presentation design and other advanced services ("OEM Services"). Enkel AB is not the provider of the OEM Services, and OEM Services are purchased pursuant to the terms and conditions offered by the provider of such services. Upon Buyer's request, Enkel AB will obtain a copy of such terms from the provider. The OEM Services providers are not agents of Enkel AB. The third party service provider is the only party responsible for providing OEM Services to Buyer. Buyer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of the OEM Services. Buyer hereby releases Enkel AB and affiliates from any and all claims arising from or relating to the purchase or provision of any OEM Services.

9.10 Entire Agreement. This Agreement comprises the entire agreement between Customer and Enkel AB with respect to its subject matter and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations, and agreements (oral and written). No oral or written information or advice given by Enkel AB, its agents, or employees will create a warranty or in any way increase the scope of the warranties in this Agreement.

9.11 Force Majeure. Neither Party will be deemed in breach hereunder for any cessation, interruption, or delay in the performance of its obligations due to causes beyond its reasonable control (“Force Majeure Event”), including earthquake, flood, or other natural disasters, an act of God, labor controversy, civil disturbance, terrorism, war (whether or not officially declared), cyber-attacks (e.g., denial of service attacks), or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree.

9.12 Government Terms. Enkel AB provides the OnTime Enkel Product, including related software and technology, for ultimate federal government end use solely in accordance with the terms of this Agreement. If Customer (or any of its customers) is an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the OnTime Enkel Product, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited and no rights than those provided in this Agreement are conferred. The OnTime Enkel Product was developed fully at private expense.

9.13 Service Capacity. One (1) user per employee account. Enkel AB reserves the right to implement overage fees and penalties for any additional users accessing an account in violation of this Service Capacity.

9.14 Interpretation. For purposes hereof, “including” means “including without limitation”.

‍10. Contact Us

For questions regarding this Terms & Conditions of Service, you may contact Enkel AB.

Registrar:

Enkel Ab, Köpmansgatan 16, 68600 Jakobstad, Finland

The contact person responsible for the register:

Kaj Östman
        e-mail: kaj@enkel.fi 
        Mobile: +358 44 983 4866