SUNSTONE TERMS OF SERVICE

1. SUNSTONE and Service Features

User ExperienceSUNSTONE is a cloud based online (mobile) educational game platform and simulation tool for leadership development and project management. It is designed for employees and students to develop and evaluate their leadership skills as well as simulate daily leadership challenges. Users are typically executives, directors and managers of corporations, companies, and public administration and students of universities and colleges (User(s)).FeaturesSUNSTONE enables the User to play given challenges (Challenges) or create simulations of the user’s own projects and other daily leadership situations (Projects). The Challenges are pre given exercises and user plays them as a mobile game in order to reach the best possible results. In the Projects a user can create his/her real life leadership and management projects, define a time frame and add his/her team members in the simulation. SUNSTONE automatically collects information about the activity of a User (the User Data). The User Data is used (a) to provide the Customer with information and analytics about the Users’ behavior (the Analytics Features) and also (b) to generate anonymized reference group information and analytics of the Users’ behavior (Reference Group Analytics). Customer LicenseIn exchange for Subscription Fee and constituting the Service under this Agreement, Viking Theories hereby grants to the Customer a limited, non-exclusive, non-transferable and revocable license to access the Service. The Customer determines the Users of the granted license (the Member User(s)) and informs the Member Users to Viking Theories. User rights can only be granted to each Member User personally and cannot be shared.The Analytics Features as they are featured in SUNSTONE from time to time can be accessed, seen, and used on behalf of the Customer by SUNSTONE registered users assigned with administrator user rights (Administrator(s)).

2. Pricing of the Service

Subscription Fees and User QuotaUnless otherwise agreed, Viking Theories charges for the Service a subscription fee (Subscription Fee(s)) per each Member User connected by the Customer to SUNSTONE. The total number of subscribed Subscription Fees constituting the Customer’s user quota (the User Quota).Adjustment of User Quota; Renewal and Cancellation of SubscriptionThe User Quota of a Customer can be increased or decreased (the Adjusted User Quota) by informing Viking Theories by email at info@vikingtheories.com. After the Initial Subscription Period (one (1) to twelve (12) months) the Initial or Adjusted User Quota subscribed for by the Customer is subject to automatic renewal for subsequent payment periods of one (1) to twelve (12) months (a Payment Period) until a notice of cancellation by the Customer. Any cancellation of subscription or decrease of the User Quota by the Customer shall, however, take place no later than 30 days prior to the end of the Payment Period under way.Terms of Payment

  • Credit Card Payments

Subscription Fees are charged up-front upon subscription by the Customer and the commencement of a new (one (1) month to twelve (12) months) Payment Period.  

  • Payment by Invoice

Subscription Fees are payable up-front within 14 days of either (a) the delivery of User Quota, (b) the delivery of additional User Quota upon subscription by the Customer, or (c) the commencement of a new Payment Period in case of an automatically renewable subscription of User Quota.The quoted Subscription Fee is in force until further notice by Viking Theories. Any Subscription Fees subscribed for or paid by the Customer are non-refundable.

3. Use of SUNSTONE; Privacy and Analytics 

The Service is subject to Viking Theories’ Terms of Use regarding SUNSTONE, available at www.viking theories.com as in force and as applicable, as if the Customer itself were a registered user with SUNSTONE. The Customer undertakes to use SUNSTONE, the Service and the Analytic Features (together the SUNSTONE Services) solely for the purpose of this Agreement and in accordance with applicable laws and regulations of Finland and other applicable jurisdictions.The Service is further subject to Viking Theories’ Privacy Policy available at www.vikingtheories.com as in force from time to time. The Customer undertakes to adhere to the Privacy Policy on its part and ensures that registered users of SUNSTONE within Customer that are assigned with extended user rights:

  • only use the Analytics for the Permitted Use as defined in the Privacy Policy; and
  • Upon request by Viking Theories execute separate undertakings regarding the adherence to the Privacy Policy.

4. Customer Support/Technical Assistance

Standard customer support is available over e-mail. No Service Level Agreement is provided as of now. 

5. Availability and Modifications

Despite of Viking Theories reasonable commercial efforts to ensure a continuous availability, the SUNSTONE Services are available on an “AS IS” and “AS AVAILABLE” basis and are subject to change from time to time due to ongoing development process. Viking Theories further reserves the right to modify, suspend and/or discontinue the SUNSTONE Services temporarily or permanently, in whole or in part, at its sole discretion.

6. Intellectual Property Rights (IPR)

For the purposes of this Agreement, IPR shall mean all patents (including utility models), design patents, and designs (whether or not capable of registration), chip topography rights and other like protection, copyrights, trademarks and any other form of statutory protection of any kind and applications for any of the foregoing respectively as well as any trade and business secrets.The Customer acknowledges that Viking Theories owns all right, title and interest, to all IPR in and to the SUNSTONE Services. The Customer is not allowed, unless this is expressly permitted or required by law, copy, modify, distribute (including by framing any of the SUNSTONE Services on any web site), enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the SUNSTONE Services; decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; make derivative works of the SUNSTONE Services; or modify another website so as to falsely imply that it is associated with the SUNSTONE Services, Viking Theories or any other Viking Theories products or services.
Subject to the restrictions specified in the Privacy Policy, the Customer, however, grants Viking Theories a worldwide perpetual, non-exclusive, irrevocable royalty-free right to (i) use and commercialize User Content and/or User Data, including the right to modify and create derivative works of such User Content, and (ii) make (and have made), sell, offer for sale, lease and otherwise distribute any Viking Theories products or services using or containing such User Content, and (iii) sublicense the rights to use such User Content to enable the use of Viking Theories’ products and services. To the extent User Content and/or the User Data contain personal information, the use is however at all times subject to the Privacy Policy.No Third Party IPR InfringementsThe Customer warrants not to infringe any IPRs of any third parties whenever using the Services or in connection with User Content.

7. Limitation of Liability; Indemnity

Except for any indemnification obligation hereunder or the Customer’s breach of any, (a) in no event shall either party be liable under this Agreement for any loss of revenue, profit, business or goodwill or any indirect, incidental, special, punitive or consequential damages or expense of any kind caused by or arising out of or in connections with this Agreement, including but not limited to loss of Analytics, and (b) Viking Theories’ aggregate liability shall at all times be limited to the Subscription Fees paid by the Customer to Viking Theories for the Subscription period immediately preceding the date of claim. The Customer undertakes to indemnify and hold Viking Theories and its affiliated companies and contractors harmless from and against any and all loss and damage suffered as a result of a third party claim, suit or action relating to (i) the breach of these Service Terms, (ii) the use of the SUNSTONE Services, or (iii) the User Content by the Customer or its employees.

8. Notices

ll notices and communications under the Agreement shall be sent in the English language by either mail or email by using the contact details on the Cover Page. 

9. Term and Validity; Suspension

This Agreement is in force until this Agreement is terminated by either party with 30 days´ notice or with immediate effect in case of a material breach of the other party. “Termination”). Sections 3., 6., 7. 10. and 12. of this Agreement shall, however, survive Termination.Viking Theories reserves the right, at its own absolute discretion, to suspend the Service in the events of a failure of more than 14 days in payment by the Customer or the Customer’s breach of this Agreement.

10. Changes to the Service Terms

Viking Theories may change the terms of the Service Terms from time to time in which case the revised terms will be communicated to the Customer either by using the contacts on the Cover Page. 

11. Publicity

Viking Theories may use general Information (such as the name and/or logo) of the Customer in its marketing of the SUNSTONE Services pursuant to good business practices and reasonable guidelines submitted by the relevant party from time to time.

12. Miscellaneous

The Customer undertakes not to disclose to any third parties this Agreement or any confidential information it may receive from Viking Theories.Viking Theories may assign this Agreement in whole or in part to its parent or subsidiary companies or in connection with a merger or a business acquisition.This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all other communications between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and without affecting the remaining provisions of this Agreement.The Agreement is governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising out of or relating to the Agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators will be one (1). The seat of arbitration will be Helsinki, Finland. The language of the arbitration will be English. Nothing in this Agreement, however, shall be deemed to limit Viking Theories’ rights to seek interim injunctive relief or to enforce a possible court award in any court of law.If you have any questions or comments regarding this Agreement, please contact us at info@vikingtheories.com.

info (a) vikingtheories.com
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