Terms of service

Welcome to Valispace!

We’re glad to know you’re using our products and services («Services»). Our Services are provided by Valispace GmbH («Valispace»), registered in

Hermann-Köhl-Str. 7
28199 Bremen, Germany

By using our Services, you hereby agree to freely accept the following terms of use. Please read them carefully.

Using our Services

You should follow the policies made available for you in our Services. Do not misuse our Services. For instance, do not interfere with our Services, nor try to access them through other methods besides the interface and instructions that are provided by us. You may use our Services only as permitted by law, including applicable export control and re-export control laws and regulations. We may suspend or stop providing the Services to the user without prior notice in case our terms and policies are not respected or in case we investigate a potential inappropriate misuse of our Services.

Using our Services does not grant our user any IP rights related to our Services or accessed content. You may not use our Services content, except through explicit authorization from the rights holder or within legal circumstances. The present terms of use do not concede the right to use any of the trademarks or logos used in our Services. The user shall not remove, hide or alter any legal notification present in our Services.

Our Services include some contents which do not belong to Valispace. These contents are of fully and strictly responsibility of the entity that makes them available. We may analyse the content to determine if its legal or if it’s in direct violation of our policies. We may send you advertisements of our Services, administrative messages and other informations related to our Terms of Use. You may choose not to receive any of these messages.

Your Valispace Account

To use our Services, you will need to create a Valispace Account. The Valispace Account can be created by its own user or it can be assigned by an account administrator, such as your employer entity, public entity or other type of commercial or governmental establishment. In case you’re using the Valispace Account conferred to you by an administrator, distinct or additional Terms of Use may apply and your administrator can access your account and deactivate it.

To protect you Valispace Account, keep your Password as confidential. You are responsible for the activity performed in your Valispace Account or performed through it. Try not to reuse your Valispace Account Password in third party apps. In case you take notice of any unauthorized use of your Password or Valispace Account, please follow these instructions: 1. Login to your Valispace account. 2. Change your current password (click on your username in the upper right corner, then “Change password”). 3. Alert us by e-mail at security@valispace.com so we can take further measures.

Your Demo Account

If you are trying out Valispace with an account at demo.valispace.com, then the data you provide in your demo account may be modified, viewed, altered and/or deleted without prior notice. Valispace is not responsible nor liable for any loss of information as result of the modification, alteration or deletion of the user’s demo account. You should therefore never use production data or sensitive information in your demo account.

Privacy and IP Protection

Valispace’s Privacy Policy explains how we deal with your personal data and how we protect your privacy when you’re using our Services. By using our Services, the user accepts the use of those data with its respective privacy policies by Valispace.

Your Content on our Services

Our Services allow for the user to upload, submit, store, send or receive content. The user always maintains the property of all rights related to IP over those contents. You may request for access or removal of the content provided to our Services.

Our Software and Services

Our software may be automatically updated in the user’s device as soon as the new version or feature is available and ready to use. Some updates may require the user to adjust the definition settings.

The user may not copy, modify, distribute, sell or lease any part of our Services or of the software included in them, nor use reverse engineering or try to extract the source code of the software, except if these restrictions are forbidden by law or if the user obtains our written consent to do so. In the event of non-compliance, the competent legal authorities will be immediately notified. Any infringement may result in legal action.

Modification and Service Termination

We are constantly changing and improving our Services. We may add or remove features or characteristics, as well as suspend or completely stop our Services.

The user may stop using our Services at any time. Valispace may also stop providing its Services to the user or add or create new boundaries to our Services at any time. We believe that your data belong to you, the user, and that it is important to preserve the access to those data. In the eventuality of not further providing a Service, whenever possible, we will notify our users with reasonable notice and will give them the possibility to extract and have access to their information outside that Service.

Warranties and Exclusion of Liability

We provide our Services with a commercially reasonable level of competence and care and hope that the user is pleased while using them. However, there are certain aspects that we may not control or influence, hence we cannot compromise with their quality in relation with our Services. For this reason, we do not specifically commit to aspects of our Services, except when explicitly and expressly provided otherwise in other Terms of Use. For example, we do not compromise to aspects related to the content of our Services, to the specific function performed by our Services, to their reliability, availability or capacity to satisfy the user’s needs. We provide the Services «as they are».

Some jurisdictions oblige to provide for certain warranties, such as the implicit commercialization guarantee, the adequacy for a specific end and no infraction. To the extent permitted by law, we exclude all warranties.

Responsibility for our Services

Except when not permitted by law, Valispace does not take responsibility for eventual profit losses, revenues or data, financial losses or damages indirectly or derived from our Services and/or derived from any complaints under the present Terms of Use, including any implicit warranties. In case exclusion of liability is not permitted by law, Valispace’s liability is limited to the value that the user paid to use our Services. In any case, Valispace is not responsible for any loss or damage that is not reasonably predictable.

We recognize that in certain countries, the user may have legal rights as a consumer. In case the user is using our Services for personal purposes, any of the provisions of the present Terms of Use restricts any legal right as a consumer that cannot be waived by agreement or contract.

Usage of our Services by Companies

If our Services are being used by or in name of a company, Valispace assumes that the company is hereby accepting the present Terms of Use. The company undertakes to exempt and indemnify Valispace from any complaints, process or lawsuits resulting or related with the usage of our Services or the violation of the present Terms of Use, including any liabilities or costs resulting from complaints, losses, damages, processes or judicial actions.

Modification and Update of our Terms of Use

Valispace may modify the present Terms of Use or any other additional Term of Use applicable to a specific Service provided by us to comply with the law or our Services. The user should regularly consult the Terms of Use. Whenever there is a modification or update of the Terms of Use, we will inform our users on the present page and update the date accordingly. Modifications to the Terms of Use do not have a retroactive application and will come into force within a period of fourteen days after its time of publication. However, any modifications resulting from new features of a Service or modifications resulting from law enforcements will enter immediately into force. In case the user does not accept the new Terms of Use of a Service, the user will stop using it.

The present Terms of Use regulate the relationship between Valispace and the user and do not create any rights towards third parties. In case of non-compliance of the Terms of Use by the user, Valispace can take legal action to defend its rights. If a certain Term of Use is not viable, this circumstance will not affect the remaining Terms.

In case you have any questions, do not hesitate to contact us at contact-us@valispace.com.

Negotiations

The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Terms of Service through negotiations between a designated representative of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within fourteen 14 days from the date on which either Party has served written notice on the other of the dispute then the remaining provisions on dispute resolution apply.

Arbitration

In the event of a dispute between the user and Valispace concerning the interpretation of any provision of this agreement or the performance of any of the terms of this Agreement, such matter or matters in dispute shall be finally settled:

  • a. under German law;
  • b. the language of the arbitration shall be German; and
  • c. the place of the arbitration shall be Bremen, Germany.

Performance to Continue During Dispute

The performance of the present Terms of Service shall continue during arbitration proceedings or any other dispute resolution mechanism. No payment due or payable by the User or Valispace shall be withheld on account of a pending reference to arbitration or other dispute resolution mechanism except to the extent that such payment is the subject of such dispute.