Terms of service
Supervisor is an online service giving you insights regarding your websites speed and performance. These Terms of Service (“Terms”) govern the relationship between you and Supervisor Cloud ("Supervisor"), the company behind Supervisor, regarding your use of Supervisor’s services, including the Supervisor website or any applications or application plug-ins, and any related services provided by Supervisor (together “Services”). In these Terms, the words "you" and "your" refer to each customer or user of the Services.
These Terms affect your legal rights and obligations, so if you do not agree to the Terms, please do not use the Services.
Supervisor’s Services are intended for people who are at least 18 years old. If you are under 18, or a minor according to laws applicable to you, you are not eligible to use the Services. Only competent natural and legal persons, such as corporate entities, may register to use the Services.
Subject to your acceptance of these Terms, you may access or use the Services.
1. Limitation of Liability if you perform the recommended actions
Supervisor gives you insights and measurements regarding your website speed and performance. The insights and the measurements are not guaranteed to be accurate and if you choose to use them for any purpose, you do so entirely at your own risk.
Supervisor shall not be liable for any direct, indirect, incidental, special or consequential damages, loss of data, lost profits or for business interruption arising out of the performing the recommended actions.
2. Security and Privacy
Supervisor takes good industry practice measures to prevent system security and unauthorized access to and improper use of the Services. Supervisor also uses various technologies and protocols to ensure high security standards, but, we still cannot guarantee absolute system security. Data that is stored in Supervisor’s Services is not generally available to the public or other non-authorized users of the system. However, the use of internet services always includes security risks. If you have reason to believe system security has been breached, contact us at [email protected]
If Supervisor’s technical staff finds that files or processes belonging to a user pose a threat to the proper operation of the Service or to the security of other users, Supervisor reserves the right to delete those files or to stop those processes. If Supervisor’s technical staff suspects that an account is being used by someone who is not authorized, Supervisor may temporarily disable the account and/or the user's access in order to preserve system security. In all such cases, Supervisor will contact the relevant user as soon as it’s reasonably feasible.
3. Use of Services
The Services are provided to you for your personal or internal business use only. Except as expressly agreed in writing by Supervisor, you may not resell, sell, transfer, rent or give away your right to use and access the Services. You may not use the Services if you have previously been removed from using any part of the Services by Supervisor.
You agree that when you open an account to use the Services that you will provide true, accurate, current and complete information about yourself as prompted by the Services registration process, including as well as to inform Supervisor of any changes to such information.
You will also be asked to create a user name and password. The user name and password are user specific. You are responsible for keeping your password secret. You agree to inform Supervisor immediately of any unauthorized use of your account, user name or password.
You are personally responsible for the use of your user account, and for all communication, content and activity resulting from the use of your user account in connection with the Services. You are responsible for the user management and granting of the user permissions to the account you have created. All users must have valid email addresses that are used as usernames for the Service. You also acknowledge that Supervisor has no obligation to use, store and maintain those, although Supervisor may do so in its sole discretion. Supervisor expressly disclaims any and all liability relating any unauthorized use of the Services.
Subject to your compliance with these Terms, Supervisor grants to you a limited, nonexclusive, non-sublicensable and non-transferable right to access and use the Services.
Without limiting any other remedies, Supervisor may limit, suspend, terminate, modify, or delete access to the Services or parts thereof if you fail to comply, or if Supervisor suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Services, without notice to you. You may lose, as a result of termination or limitation of your right to use the Services, material, content and privileges associated with your use of the Services, and Supervisor is under no obligation whatsoever to compensate you for any such losses or results.
By using the Services you specifically agree that you will not:
interfere with or disrupt the Services or servers or networks that provide the Services;
attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Supervisor;
disobey any requirements or regulations of any network connected to the Services; or
circumvent technological measures designed to control access to, or elements of, the Services.
Supervisor has the right to determine the period that the information provided by you are stored in the Services.
Supervisor reserves the right to change the content and structure of the Services at any time without limitation. You acknowledge that the Services may become temporarily unavailable due to maintenance breaks or similar technical or operational reasons.
4. Intellectual Property Rights
Through the Service, we offer dashboard and other templates (“Templates”) that you may adopt to fit your needs.
All rights, title and interest in and to the Templates, the Services, the design of the Services and associated content, including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Supervisor Property”) are owned by or licensed to Supervisor and are subject to copyright and other intellectual property rights under applicable laws and international conventions.
5. User Content
You may be able to submit messages, comments, templates, material and/or other content to the Services (“User Content”). Supervisor shall not have any duty to monitor any User Content. However, Supervisor shall have the right, at its sole discretion, but not the obligation, to remove any User Content [that fails to comply with these Terms]. Supervisor is not the publisher or author of User Content and assumes no liability for any User Content.
You are, legally and ethically, solely responsible for any User Content that you upload, post, transmit, store or otherwise make available through the Services using user account. You acknowledge that use of the Services, including submitting User Content, may be subject to certain laws, regulations, conditions and restrictions. You must ascertain and comply with such laws, regulations, conditions or restrictions and reasonably ascertain that any User Content submitted by you does not contain material that is or may reasonably considered to be, illegal, obscene, indecent, defamatory, threatening, harassing, impersonates another person, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of other, advertisement, spam; or contains viruses or other potentially malicious or harmful code.
Supervisor does not claim ownership to any User Content but, in posting any User Content, you grant Supervisor a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable right and license to use, modify, deliver, delete, adapt for technical purposes, sell, distribute, create derivative works from and otherwise exploit any and all User Content that you have submitted to the Services, including to deliver and communicate the User Content to third parties, as well as to display advertising in connection with it. You have the right to remove User Content at any time.
Should Supervisor choose to share User Content with third parties, the User Content must always be anonymised, so that no users, companies or other legal entities can be identified.
You also grant each recipient, to whom you have addressed any User Content submitted by you in the Services, a non-exclusive license to access such User Content through the Services.
Supervisor respects the intellectual property rights of others. In accordance with applicable laws, we strive to expeditiously remove any infringing material from our site. If Supervisor becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement to support email at [email protected]
The notification shall include: 1) the name and contact information of the notifying party; 2) an itemization of the material, for which prevention of access is requested, and details of the location of the material; 3) confirmation by the notifying party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network; 4) information concerning the fact that the notifying party has in vain submitted its request to the content provider or that the content provider could not be identified; 5) confirmation by the notifying party that he/she is the holder of copyright or neighbouring right or entitled to act on behalf of the holder of the right; 6) signature of the notifying party.
6. Third-Party Services and Terms
Supervisor works with a number of partners and the Services may contain links to websites operated by third parties or feature content which is made available by third-party service providers and enable you to access and use certain third-party services. Use of any websites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available.
Supervisor assumes no responsibility for the availability, contents, products or services provided by third parties.
The fees for the Services are set out in connection with the respective Service. Supervisor reserves the right to change the fees and pricing principles at any time. The most recent standard price list is found at www.supervisor.com.
You may pay the fees for using the Services by credit card or invoice. By providing a payment method, you expressly authorize Supervisor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto.
If you have selected credit card as the payment method your credit card will be charged for the fees on the date that we process your order. If you have ordered a subscription based Service, we will charge your credit card with the relevant subscription fee at regular intervals until you cancel your subscription in accordance with these Terms. All fees are charged in advance at the agreed interval.
If the credit card information you have provided is incorrect or incomplete or if Supervisor is unable to complete the transaction due to your error or omission, we may attempt to contact you and inform you of the problem; however, failure to provide accurate and complete billing information may result in the delay or cancellation of your order. If you do not pay the subscription fee, your subscription will be cancelled and you will not receive the benefits of the Services.
In case you have been provided a promotional code entitling to a free of charge use of the Services for a limited period of time and limited to a defined number of websites, your first payment will be due only after the end of such promotional period or when exceeding the defined number of websites that you are entitled to based on your promotional code.
You agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees. In case of delayed payment, we interest for late payment according to the Finnish Interest Act for the delay period on the balance starting from the due date. In case of a payment delayed with more than 30 days, we may suspend or revoke your account.
You also acknowledge that you will not receive money or other compensation for unused credits or Services or other payments when an account is closed, whether such closure was voluntary or involuntary.
You are solely responsible for any costs that you incur when you access the Services through any Internet, mobile or other communication services, such as any fees for downloading, installing, messaging and other data usage charged by your network or roaming provider.
8. Customer Support
You understand that the Services are evolving. Supervisor shall have no obligation to provide support to the Services under these Terms. Supervisor may, at its sole discretion, provide limited customer support to the Services. You may contact the Supervisor customer support by email to [email protected]
9. No Warranty, Limitation of Liability
It is your responsibility to ensure that you are duly authorized to connect the analytics accounts you choose to connect to the Service. You accept that Supervisor is not able to verify the identity of the users and that Supervisor assumes no liability for false or inadequate user information, and that Supervisor will not be responsible for indirect or direct damages caused by false or misleading information provided by any user.
Supervisor makes no warranty that the Services will meet your requirements, that the Services will be available uninterrupted, timely, secure or error-free, that the results of the Services are accurate or reliable, or that the quality of the Services purchased or otherwise obtained by you will meet your expectations. To the maximum extent permitted by applicable law, Supervisor makes no warranty or representation, either expressed or implied with respect to the Services, their merchantability, title, non-infringement, correctness, quality or fitness for a particular purpose. Thus, the Services, and all actions, insights, predictions, graphs and other features of the Services are provided “as is” and “as available” and you are assuming the entire risk as to their quality and performance.
You hereby acknowledge and agree that Supervisor shall have no liability whatsoever in connection with or arising from your use of the Services, as set forth herein, including any damage to your devices, computer systems or software. Your only right or remedy regarding any problems or dissatisfaction with the Services is to discontinue the use of any webpages and other content included in the Services.
Supervisor shall not be liable for any direct, indirect, incidental, special or consequential damages, loss of data, lost profits or for business interruption arising out of the use of or inability to use the Services, even if Supervisor has been advised of the possibility of such damages. If there is liability found on the part of Supervisor, it will be limited the amount paid for the Services during the six (6) months immediately preceding the date of the initial written notice of the applicable breach or event, act or omission on which such liability is based. Some jurisdictions may not allow (some) limitations of liability. In such case, some limitations or exclusions may not apply to you.
You understand and acknowledge that Supervisor will not be liable for any technical or other errors, network-related problems attributable to the operation of the Services, or for any malware, harmful links, viruses or interruption in the use of the Services that have been caused by third parties. You are liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Supervisor and/or third parties.
Except as prohibited by law, you agree to defend, indemnify and hold harmless Supervisor, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or portion hereof, breach of applicable laws or any act or omission by you relating to the Services. Supervisor reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
11. Right to Refuse and Termination
You acknowledge that Supervisor reserves the right to refuse service to anyone and to cancel user access at any time, including in the case that you have submitted information that is not accurate or is misleading or Supervisor has reasonable grounds to suspect that you are not or will not adhere to the Terms. In case Supervisor terminates your user account due to your breach of the Terms, no pay-back or refund of credits will be available.
You may terminate the Services at any time by submitting a notice of termination at the My Account -section at www.supervisor.com at least thirty (30) days prior to the end of the applicable contract period. The termination is effective from the following contract period. You acknowledge that Supervisor will not pay back or compensate you for any unused credits. In case you have unused credits, they must be consumed during the notice period. No pay backs or re-funds will be made after the Service has been closed. Your termination will not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
12. Force Majeure
Supervisor shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Supervisor, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Supervisor’s control.
Supervisor may assign or delegate its rights and obligations under the Terms, in whole or in part, to any person or entity at any time without your consent. For example, in the situation of a transfer of business this would mean that the Services would, fully or partially, be provided by another entity than Supervisor.
These Terms contain the entire understanding of you and Supervisor, and supersede all prior understanding between you and Supervisor.
These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of your country. These Terms do not change your rights under the mandatory provisions under the laws of your country.
If any portion of the Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
Supervisor reserves the right to change, modify, add or remove portions of the Terms at any given time. Supervisor will, however, notify you thirty (30 days) in advance by posting a note in the Services of any substantial changes to the Terms. You will be deemed to have accepted such changes by continuing to use the Services. Further, if at any point, you do not agree to any portions of then-current version of our Terms or any other Supervisor policy, rules or codes of conduct relating to your use of the Services, your right to use the Services shall immediately terminate, and you must immediately stop using the Services. Please check the Services on a regular basis so that you remain informed of the then-current Terms. The Terms in force are made available at www.supervisor.com.
15. Disputes and Applicable Law
All disputes relating to the Services and the Terms shall be settled at the District Court of Helsinki, Finland having the sole jurisdiction.
These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.
In addition to formal court proceedings, you may have the right to bring disputes regarding the Services to a third-party dispute resolution body, such as to the Finnish Consumer Disputes Board. More information on the Finnish Consumer Disputes Board can be found here (http://www.kuluttajariita.fi/en/index/kuluttajariitalautakunta.html), and more information on other dispute resolution bodies in the EU here (https://ec.europa.eu/consumers/odr/).
Supervisor Cloud Oy
Address: Hakolahdentie 9 C, 00200, Helsinki, Finland
Email: [email protected]