These Terms of Service (“Terms”, “Terms of Service”, “Agreement”, or “Service Agreement”) govern your relationship with the Markbook browser extension Service (the “Service”) operated by SYGN, a Finnish private company, having its registered address in Kankaanpaa, Finland (Markbook browser extension, “us”, “we”, or “our”). It is important that you read this carefully because you will be legally bound to these terms.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Service.
YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A Markbook browser extension ACCOUNT, OR ACCESSING OR USING THE Markbook browser extension SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN WHOLE OR IN PART, YOU HAVE NO RIGHT TO ACCESS OR USE THE Markbook browser extension SERVICES.
SYGN reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify these Terms, we will post the modification on our site or send you an email with a link to the updated Terms. By continuing to access or use the Markbook browser extension Services after the effective date of the modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, you lose the right to continue using the Markbook browser extension Services.
As of the Effective Date, SYGN offers certain Markbook browser extension Services to Customer. SYGN may add, remove, suspend, discontinue, modify, or update the Markbook browser extension Services at any time, at its discretion. After the effective date of such update, SYGN shall bear no obligation to run, provide or support legacy versions of the Markbook browser extension Services.
SYGN offers free and fee-based Markbook browser extension Services that provide additional features and functionality. Pricing and services for paid accounts are described on Markbook browser extension’s pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay SYGN all applicable fees required for the selected tier of Markbook browser extension Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
If your account is set to auto-renew and you have already provided a method of payment to SYGN for the Services, SYGN will charge your payment account automatically at the beginning of each renewal term for the renewal term, unless you notify us that you want to cancel or disable auto-renewal before the expiration of the then-current term. You may terminate the Agreement by contacting a Markbook browser extension account representative. We will notify you within 30 days before your account renews, including any changes in the Fees for the plan.
Customer will pay SYGN invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes SYGN to charge Customer for all applicable Fees using Customer’s selected payment method through SYGN’s online payments platform. Customer will provide complete and accurate billing and contact information to SYGN. Markbook browser extension may downgrade, suspend or terminate the Services if Fees are past due.
Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and Customer is responsible for all Taxes resulting from this Agreement or Customer’s use of the Markbook browser extension Services.
SYGN reserves the right to downgrade, suspend or terminate Customer’s access to any or all Markbook browser extension paid Services if Fees are past due.
Except for any Customer Content or Customer Services, Customer acknowledges and agrees that SYGN is the sole and exclusive owner of all right, title, and interest in and to the Markbook browser extension Services and all related texts, documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications, and improvements thereof (“SYGN Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the SYGN Materials. Except for the limited license rights expressly granted herein, no rights to SYGN Materials are granted hereunder, and all rights in such SYGN Materials are reserved.
Customer is not required to provide any suggestions, enhancement requests, recommendations, or other feedback regarding the Markbook browser extension Services (“Feedback”). However, if Customer does so, all right, title, and interest in and to such Feedback shall be assigned to, and shall become the sole and exclusive property of, SYGN upon its creation.
Customer shall not exceed the number and/or frequency of API calls. If SYGN believes that Customer has attempted to exceed or circumvent these limitations, SYGN may suspend or block Customer’s access to the Markbook browser extension Services. SYGN may monitor Customer’s use of the Markbook browser extension Services, including ensuring Customer’s compliance with this Agreement.
Markbook browser extension Services may incorporate software that is subject to terms that, as a condition of use, copying, modification, or redistribution, require such software and derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge (“Open Source Software”). To the extent any Open Source Software license terms are inconsistent with this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights granted in this Agreement, but solely with respect to such Open Source Software. Any applicable Open Source Software license is solely between Customer and the applicable licensor of the Open Source Software, and Customer shall comply with the applicable Open Source Software license.
Markbook browser extension Services may utilize third-party software or source code, including without limitation Open Source Software (“Third Party Materials”). SYGN has no control over Third Party Materials. Accordingly, SYGN is not responsible or liable for any Third Party Materials. While SYGN has no obligation to monitor Third Party Materials, SYGN may remove or modify such Third Party Materials in its discretion, including without limitation to comply with Law. Customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.
Customer will defend, indemnify, and hold harmless SYGN, its parents, subsidiaries, affiliates, and their employees, officers, directors, representatives, contractors, customers, business partners, successors, and assigns (“SYGN Indemnitees”) from and against any third-party claims and actions, and resulting damages, liabilities, and costs (including reasonable attorneys’ fees and expenses) incurred by SYGN Indemnitees arising out of or directly or indirectly related to (a) the Customer Content, Customer Services, or any other Customer products and services; (b) Customer’s acts and omissions hereunder, breach of this Agreement, or violation of Laws; and/or (c) any allegation of intellectual property, privacy, or publicity infringement concerning Customer Content or Customer Services. SYGN shall promptly notify Customer of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate Customer’s indemnification obligations unless Customer is materially prejudiced thereby. Customer shall have sole control over the defense of any claim under this Section, except that SYGN may approve any counsel used by Customer and that SYGN may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of SYGN.
IN NO EVENT SHALL SYGN BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE Markbook browser extension SERVICES OR OTHERWISE HEREUNDER FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE Markbook browser extension SERVICES; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CUSTOMER CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH CUSTOMER’S USE OF THE Markbook browser extension SERVICES; (V) CUSTOMER’S FAILURE TO PROVIDE Markbook browser extension WITH ACCURATE ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM CUSTOMER’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) CUSTOMER’S FAILURE TO ACCESS THE Markbook browser extension SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER; OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF $100.00.
This Agreement shall commence on the date the Customer accepts this Agreement by creating an account or purchasing a paid service tier (“Effective Date”) and remain in effect for the duration of the term selected by Customer, unless otherwise terminated as permitted herein (“Initial Term”). If your paid account is set to automatically renew, please see section "PAID ACCOUNTS" above for the auto-renewal terms.
SYGN may terminate this Agreement immediately in its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate, and Customer shall cease any further use of the Markbook browser extension Services and return, or, if directed by SYGN, destroy, all Confidential Information of Markbook browser extension. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.
The Agreement shall be governed by and construed in accordance with the substantive laws of Finland, excluding its choice of law provisions. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. SYGN shall have the right to claim unpaid Fees in a public court.
Except for any Fees due hereunder, neither party shall not be liable for any delay in performing or failure to perform its obligations hereunder where such delay or failure results from any cause beyond its reasonable control, including, without limitation, cyber-attacks, mechanical, electronic or communications failures, acts of God, terrorism, war, natural disasters, failure of any telecommunications or transportation or of any third party provider or supplier (e.g., host or app store providers) or labor disputes.
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including,” “for example,” or “such as” in this Agreement shall be read as being followed by “without limitation.”
If you have any questions about these Terms, please contact our support.
Our Privacy Policy explains what information we collect, why, and how we use it. You can find our Privacy Policy at https://www.markbook.io/privacy.html.