Updated: January 2nd, 2025
Welcome to the Ottia Resource-as-a-Service platform (hereinafter "Ottia RaaS Platform") provided by NerdCloud Oy. NerdCloud Oy (business ID FI-32648178) is a limited liability company formed under Finnish law, which has its principal office at PL 178, 00101 Helsinki, Finland. Hereinafter NerdCloud Oy may be referred to as "we", "us" or "Company".
Through the Ottia RaaS Platform, the Company carries out the business of providing scalable information technology services for its customers (hereinafter "Customer"), which includes the provision of the cloud-based Ottia RaaS Platform for information technology project management as well as on-demand technology and human resources for actual information technology projects managed on the Ottia RaaS Platform.
The Company has agreed to permit the Customer to use its services upon the Terms of Service hereinafter contained, which apply to the legal relationship between Customer and Company when the Customer uses the services provided by the Company.
The Customer accepts these Terms of Service hereinafter contained as legally binding by using the services of the Company. In addition, a separate Subscription Agreement relating to these Terms of Service may be signed, and which becomes legally binding and annexed to these Terms of Service when the Customer has approved it as specified in the Subscription Agreement. These Terms of Service, and all possible subsequent Subscription Agreements as well as all orders submitted through the Ottia RaaS Platform form together a contract, which creates legally binding terms between the Customer and the Company when the Customer uses the services of the Company (hereinafter "Agreement").
Subject to the terms and conditions of these Terms of Service, the Company grants to the Customer a worldwide, term based (time limited), royalty-free, non-exclusive, non-transferable, non-assignable and non-sub-licensable license to use the Service for the Customer's internal business purposes.
The Service gives its users access to a subscription-based software development service. The Service, unless otherwise separately agreed in writing between the Company and the Customer, is delivered to the Customer as Resource-as-a-Service, or RaaS.
The Company charges a payment from the Customer for the Service in accordance with the applicable price list of the Company. The payment model is primarily based on subscription-based recurring services.
The Customer is responsible for all activity occurring under the Customer's user accounts and shall abide by all applicable laws, regulations or generally accepted policies or guidelines in connection with the Customer's use of the Service.
By this License, the Company does not attain ownership in any data, information or material that the Customer submits to the Service in the course of using the Service (hereinafter "Client Data"). The Customer, not the Company, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property rights or right to use of all Client Data.
For the Company to be able to provide the Service to the Customer, the Company has to process the personal data the Customer discloses to the Service. The Company processes such personal data on behalf of the Customer, and the Customer is ultimately in charge of such personal data.
The Company alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights to the Service. All works that have been developed for the Customer in connection with the Agreement belong exclusively to the Customer and are works made for hire.
The Service is provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Company and its affiliates and licensors disclaim all warranties.
Each Party represents and warrants that it has the legal power and authority to enter into this Agreement. The Company represents and warrants that it will provide the Service in a manner consistent with general industry standards.
This Agreement is valid until further notice. Either Party can terminate the Agreement by providing the other Party with a written notice.
The Agreement and the relationship between the Customer and the Company shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.
The Company reserves the right to change these Terms of Service. The Company shall notify the Customer through email or the Service of such changes. The changes shall take effect 14 days after the notification.