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Terms of Service for Varjo Teleport

Last Updated: March 16, 2022

1. Introduction to Teleport Services

These terms apply to Teleport program services offered by Varjo Technologies Oy and its affiliates (“Varjo”). The Teleport Services may contain one or more services, features or functionality (“Teleport Service” or “Service”) as determined by Varjo in its sole discretion and made available to you.

Your use of Teleport Services is governed by these Teleport Terms. Please read these Teleport Terms (“Terms”) carefully before taking the Service in to use, which provides you with access to Services and content that you may use with your Varjo device or with other compatible devices. If you disagree with any part of these Terms, you may not access and must discontinue using the Teleport Service.

By accessing or otherwise using the Teleport Service, you are entering into a binding contract with Varjo (“Varjo”, “us”, “we”, or “our”).

Any use of Varjo websites, including varjo.com and its subdomains, is subject to our Terms of Use.

In addition to these Terms, Varjo’s Privacy Policy applies to the use of the Service. Our Privacy Policy helps you understand what personal data we collect, and how such personal data is used.

Any purchase of Varjo’s hardware products that may be required for use of the Teleport Services is subject to separate terms and conditions of sale made available to you at the time of the purchase.

If you agree to these Terms on behalf of your employer or other legal entity You represent and warrant that you have the authority to bind the Customer to these Terms. If you do not have the requisite authority, you may not accept the Terms or use the Teleport Service. Terms you and Customer are used interchangeably in these Teleport Terms. You and the employer or legal entity hereinafter collectively referred as “You”, “Your”, or “Customer”.

 

2. Account Registration

Use of the Teleport Service requires account registration unless You have already an existing account with Varjo. When you register, you will create a user account with a username and a password, which shall meet any requirements set forth by Varjo during the account creation process, including strength of the password.

You must provide us with correct information as required during the registration process and keep the information up to date. You must protect your username and password against misuse and keep them personal. You must promptly notify us about any unauthorized use. You agree that you are personally responsible for the security and integrity of your password, any use of or access to your user account, and for all communication and activity in connection with the Teleport Service.

You shall not create a user account (i) by using a false identity or false information, (ii) on behalf of someone other than yourself or the entity you represent or (iii) that is not authorized by the entity you represent.

 

3. Content

The Teleport Service enables You to upload, use, run and render software, demos or other content or material provided by you (“Content”).

Any rights including intellectual property rights in and to such Content is retained by you and Your licensors. You hereby grant to Varjo and its affiliates a perpetual, royalty-free, worldwide, personal license and permission to use, run, copy and reproduce the Content in connection with the Teleport Service for the purposes of these Terms.

In connection with your use of the Teleport Services, You are responsible for maintaining licenses and adhering to the license terms of any Content You run. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of these Teleport Terms (“Prohibited Content”), we will notify You of the Prohibited Content and may request that such content be removed from the Teleport Services or access to it be disabled. If You do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Teleport Services to the extent we are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Teleport Services or in accordance with applicable law or any judicial, regulatory or other governmental order or request. In the event that we remove the Content without prior notice, we will provide prompt notice to You unless prohibited by law.

Varjo reserves the right to cease use or block of any Content at any time. If You believe any Content, used in connection with the Teleport Service infringes any person’s or entity’s intellectual property rights, please contact legal@varjo.com.

 

4. Licenses by Varjo, Use and Restrictions.

Subject to Your compliance with these Teleport Terms and payment Teleport Service for the term of Your Subscription Period to use the Service and run and render the Content with the Teleport Service. This license does not grant You the right to use the Teleport Service for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the Teleport Service.  This license will automatically terminate when Your Subscription Period terminates or expires for whatever reason.

The Customer will be fully responsible and liable to Varjo for any third parties that are given access to the Service by You.

You may not use any technological or other means (such as bugs or glitches in the Teleport Service, or third party tools or software) to use the Teleport Service in a way that interferes with or disrupts the Teleport Service. You may not use the Teleport Service for fraudulent or abusive purposes or attempt to decompile, reverse engineer, disassemble, modify or hack any Content or any part of the Service or its application programming interfaces, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by the Service or circumvent technological measures designed to control access to, or elements of, the Teleport Service.

 

5. Subscription

While some parts of the Service may be accessed free-of-charge, some parts of the Service require payment before You can access them (“Subscription Fee(s)”). To access said functionalities You must have an active subscription (“Subscription”).

The Subscription entitles You to use the Service for the number concurrent users as specified for each subscription type. If the Customer needs additional concurrent users, then You may purchase additional concurrent users at the then-current rates offered by Varjo for such users, after which the Subscription will be upgraded.

A Subscription is purchased for a subscription period offered by Varjo through a quotation or otherwise and chosen by You at the time of purchase (“Subscription Period”). Your Subscription Period begins at the date of purchase, except where there is a specified start date for the Subscription communicated to You by Varjo. Unless otherwise agreed, Your Subscription will automatically renew at the end of the Subscription Period or other agreed renewal date unless You cancel your Subscription. You may cancel the Subscription any time prior expiration an active Subscription Period by providing Varjo written notice of Your cancellation at least seven (7) days prior to the end of the Subscription Period. The cancellation will take effect the day after the last day of the then current Subscription Period.

 

6. Payments

Unless otherwise agreed, we or our resellers (as applicable) will automatically charge you the then-current rate for your Supscription, plus applicable taxes (such as VAT or GST if the rate does not include it), upon renewal until you cancel. Varjo reserves the right to modify, terminate or otherwise amend the Service plans and prices at any time and will communicate any price changes to you in advance and, if applicable, the means how to accept those changes. Price changes will take effect at the start of the next Subscription Period following the date of the price change. To the extent permitted by applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling the Subscription prior to the price change coming into effect.

You authorize us to store your payment method(s) and to automatically charge your payment method(s) every renewal date until you cancel. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your access to the Service. You can edit your payment information anytime in your account page.

For European Economic Area customers, your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, biometric recognition, or other authorized means. When you authenticate, you also authorize us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring Subscription Period or when you add or change services within the Service.

Varjo does not provide refunds or credits for any partial Subscription Period(s). Varjo retains the right to appoint payment service providers to receive payment of fees on behalf of Varjo.

 

7. Term and Termination

Teleport Services are available until expiration of Your Subscription and Your right to use the Teleport Service will automatically terminate upon expiration of the Subscription.

Varjo may terminate or suspend access to the Teleport Service immediately, without prior notice or liability, if You breach these Teleport Terms or fail to make any payments hereunder. In case of termination, You must immediately delete, destroy, or return at Your own cost, remove any Content used in connection with the Teleport Service, and all related material.

Any provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights provisions, warranty disclaimers, indemnity, confidentiality, limitations of liability, and governing law and dispute resolution.

 

8. Intellectual Property Rights

All rights, title and interest in and to the Teleport Service and the trademarks, service marks and logos contained therein are owned by or licensed to Varjo. The structure, organization, and code of any Teleport Service are valuable trade secrets and confidential information of Varjo and/or its licensors. Varjo and its licensors reserve any and all rights not expressly granted to You under these Terms.

 

9. Feedback; Contact from Varjo.

As part of the Teleport Service, Varjo may provide You with the opportunity to submit bug reports, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Varjo.  By agreeing to these Teleport Terms, You agree that Varjo may contact You from time to time about the Teleport Service, and You hereby consent to receive such communications.  You also agree that Varjo will be free to use any Feedback You provide for any purpose.

 

10. Updates and Operation of the Service

Varjo may, at our discretion, provide updates, upgrades, bug fixes, modifications, enhancements and new releases and versions to the Service and Content (“Updates”) but we have no obligation to do so, unless separately agreed in writing between you and us. If we make an Update available, these Terms will govern the Updates, unless the Update is accompanied by a separate license in which case the terms of such license will govern.

Varjo reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law. Varjo may also create new operating guidelines, limitations or terms applicable to the Service at any time.

Varjo will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. You understand, agree, and accept that Varjo will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide any specific Content through the Service. Varjo and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

For customer care visit: Support Requests – Varjo.com

 

11. Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by Varjo and enable You to access and use certain third-party services.

Varjo has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Use of any such content, goods or services operated by third parties shall be subject to the relevant third-party’s terms and conditions applicable to such use. You further acknowledge and agree that Varjo 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.

 

12. Confidentiality

You may have access to confidential, proprietary or trade secret information owned or provided by Varjo including but limited to technology, object code, source code, specifications, and other data (“Confidential Information”). You will hold in confidence all Confidential Information disclosed by Varjo to You. You may only use the Confidential Information according to these Terms and solely for the purpose mentioned in these Terms.

You will have noany obligation with respect to Confidential Information which: (i) is generally available or otherwise made public, by any means other than a breach of obligations by You; (ii) You have received from a third party without any obligation of confidentiality; or (iii) was in Your possession prior to receipt of the same; or (iv) You have independently developed without using materials or information received from Varjo.

You may disclose Confidential Information if it is required to do so by applicable law but only if (i) You give Varjo notice to allow us a reasonable opportunity to either seek a protective order or other appropriate remedy or waive Your compliance with the confidentiality obligations, (ii) You disclose only that portion of the Confidential Information that it is legally required to disclose, and (iii) You use reasonable efforts to obtain reliable written assurance from the third party that the Confidential Information will be kept confidential.

The obligations of confidentiality and restricted use as set forth in this section shall survive the expiration or termination.

 

13. Warranty and Disclaimers

Varjo warrants for a period of thirty (30) days from the activation of the Subscription (the ““Warranty Period””), that the Service is free from major defects under normal use.

Varjo has used commercially reasonable efforts to check for the most commonly known viruses prior to providing the Service to you.

EXCEPT AS EXPRESSLY STATED HEREIN; THE TELEPORT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, VARJO AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VARJO AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE TELEPORT SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; OR (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE TELEPORT SERVICE WILL BE ACCURATE OR RELIABLE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND FOR USE, AND RESULTS OBTAINED FROM IT.

 

14. High Risk Use

The Teleport Service is not designed, engineered, intended nor certified for control of any equipment or system in hazardous environments requiring fail-safe performance including nuclear facilities, aviation, industrial, commercial, military or medical equipment or systems in such a way where such use or a malfunction of the software or other content could with a meaningful probability lead to death or serious bodily injury of any person or animal, or to severe physical or environmental damage (“High Risk Use”).

VARJO STRONGLY ADVISES AGAINST USING THE TELEPORT SERVICE FOR ANY HIGH RISK USE.

In case You still decide to use the Teleport Service or Content for High Risk Use, You do so at Your own risk and liability and agree to take all reasonable precautions to minimize any risk and damage resulting of such High Risk Use and/or failure of the Content in such High Risk Use. Varjo expressly disclaims any express or implied warranty of fitness for High Risk Use.

 

15. Indemnity

You agree to defend, indemnify and hold harmless Varjo and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors from and against any and all third party claims and all liabilities, assessments, losses, costs or damages, including reasonable attorneys’ fees, resulting from or arising out of (a) any Content, data or information You submit, post, transmit or otherwise make available through or use in the Teleport Service and (b) any violation by You of these Terms. This obligation shall survive the termination or expiration of these Terms and/or Your use of the Service. Varjo reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.

 

16. Limitation of Liability

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY CONTENT AND TO STOP USING THE TELEPORT SERVICE. YOU AGREE THAT VARJO HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO VARJO, FOR ANY DEFECTS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VARJO OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER CAUSED ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF VARJO OR ITS LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARJO’S LIABILITY IS LIMITED TO TEN THOUSAND (10 000) EUROS.

 

17. Force Majeure

Varjo shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Varjo, including without limitation any failure to perform hereunder due to unforeseen circumstances such as war, terrorism, pandemic, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

18. Changes to these Terms

Varjo may revise and/or update these Terms from time to time. Such changes will be effective with or, as applicable, without prior notice to You. If You do not accept a change to these Terms, You may terminate the Service by contacting Varjo at support@varjo.com. Your continued use of the Service after a change constitutes Your complete and irrevocable acceptance of any and all such changes.

 

19. Entire Agreement

Except as explicitly agreed upon in writing between You and Varjo, these Teleport Terms and all documents referenced within these Terms constitute the entire agreement between You and Varjo with respect to the subject matter hereof and supersedes all prior negotiations and agreements (written and oral) relating to the covered subject matters.

Please note, however, that certain aspects of Your use of the Service may be governed by additional terms, which we will present to You separately for Your agreement. To the extent that there is any conflict between any additional terms and these Terms, the additional terms shall prevail.

 

20. Miscellaneous

You are responsible for any costs and fees You may incur in using the Service including costs necessary for establishing necessary connections to use the Service.

You may not assign or transfer these Terms or any of Your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any of our rights or obligations hereunder at any time. Any prohibited assignment is void.

If any part of these Terms is held unenforceable, the rest remains in full force and effect.

Failure to enforce any provision of these Terms will not constitute a waiver.

You and Varjo remain independent contractors. These Terms do not create an agency, partnership, or joint venture.

 

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of Finland, excluding CISG and choice of law provisions.

Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, will be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitral tribunal will consist of one (1) arbitrator. The seat of arbitration is Helsinki, Finland. The language of the proceedings is English.

These Terms do not affect any of Your statutory rights that under applicable law cannot be limited or excluded.

 

 

 

 

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Organizations

As a business customer, you have access to our full product range.

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Individuals

Private customers can order Aero through our webstore.