Terms and Conditions of the Rubberduck Platform

Introduction

These Terms govern:

• the use of the Rubberduck Platform, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

The Rubberduck Platform is provided by:

Rubberduck AI Oy
c/o A Grid Otakaari 5
02150 Espoo
Finland
Business ID (Y-tunnus): 3505754-1

Owner contact email: [email protected]

“Rubberduck Platform” refers to:

• applications for mobile, tablet and other smart device systems;
• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

• The Service/Rubberduck Platform is only intended for Users that do not qualify as Consumers, such as Business Users.
• The right of withdrawal only applies to European Consumers.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using the Rubberduck Platform.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using the Rubberduck Platform, Users confirm to meet the following requirements:

• Users may not qualify as Consumers;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by the Rubberduck Platform.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform Rubberduck AI Oy via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on the Rubberduck Platform.
• By directly contacting Rubberduck AI Oy at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by the User has expired.

Account suspension and deletion

Rubberduck AI Oy reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on the Rubberduck Platform

Unless where otherwise specified or clearly recognizable, all content available on the Rubberduck Platform is owned or provided by Rubberduck AI Oy or its licensors.

Rubberduck AI Oy undertakes its utmost effort to ensure that the content provided on the Rubberduck Platform infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Rubberduck Platform - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Rubberduck Platform, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Rubberduck Platform, the User may download, copy and/or share some content available through Rubberduck Platform for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to Rubberduck Platform.

By providing content to Rubberduck Platform, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on Rubberduck Platform they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Rubberduck Platform as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Rubberduck Platform.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Rubberduck Platform. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to Rubberduck Platform:

• upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
• if a notice of infringement of intellectual property rights is received;
• if a notice of violation of a third party's privacy, including their intimate privacy, is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via Rubberduck Platform, may represent a risk for Users, third parties and/or the availability of the Service.

Access to external resources

Through Rubberduck Platform Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Rubberduck Platform and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Rubberduck Platform and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Rubberduck Platform or the Service, terminating contracts, reporting any misconduct performed through Rubberduck Platform or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner's legitimate interests;
• offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Rubberduck Platform are held by the Owner and/or its licensors.

Subject to Users' compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Rubberduck Platform and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner's or its licensors' sole property.

API usage terms

Users may access their data relating to Rubberduck Platform via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Rubberduck Platform, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User's use of the API or their use of any third-party products/services that access data through the API.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of the Rubberduck Platform.

Data Usage and AI Model Training

Rubberduck AI Oy is committed to maintaining the highest standards of data privacy and security. Users should be aware of the following important points regarding their data:

These guarantees form an integral part of our commitment to protecting your privacy and ensuring the confidentiality of your data.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Rubberduck Platform are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Rubberduck Platform are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Rubberduck Platform must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Rubberduck Platform or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document.

Definitions

Rubberduck Platform (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Owner (or We)

Indicates Rubberduck AI Oy, the legal entity that provides the Rubberduck Platform and/or the Service to Users.

Service

The service provided by Rubberduck Platform as described in these Terms and on Rubberduck Platform.

Terms

All provisions applicable to the use of Rubberduck Platform and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Rubberduck Platform.

Consumer

Consumer is any User qualifying as such under applicable law.