The following Terms of Service are valid from and last updated on May 2, 2022.

This document, the Justikal Terms of Service (the “Terms”), outlines the terms regarding your use of our product i.e. Justikal e-Court System (the “Services”). These Terms are a legally binding contract between you and Justikal, company code 600617-1410, so please read them carefully.

Terms of Service​

1. Acceptance of Terms

By accessing, registering for and/or using our Services in any manner, you agree to be bound by these Terms of ServiceData Processing AgreementAcceptable Use PolicyPrivacy Policy and additional terms and conditions as may be provided to you in our Services and/or our website.

If any provisions of those documents cannot be read in any manner other than a one that produces an irreconcilable conflict between or among them, the following hierarchy of precedence will control for purposes of interpreting and applying the provisions of these Terms of Service: (1) first, Special Terms (if applicable); (2) second, Data Processing Agreement; (3) third, Privacy Policy; (4) fourth, Acceptable Use Policy; and (5) fifth, these Terms of Service. If you do not agree with these Terms, do not register or use any of the Services.

If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

As mentioned above, by using our Services, you agree to be bound and enter into a legal agreement thus if you do not agree with these Terms of Service, Data Processing Agreement, Acceptable Use Policy, Privacy Policy, you may not use the Services.

2. Definitions

The following capitalized terms used in these Terms of Service and other documents, which fall under the definition of Terms, shall be defined as follows.

Service Provider, we, Party

JUSTIKAL ehf., a private limited liability company organized and existing under the laws of Iceland, having its registered office at Akralind 3, 200 Kópavogi, Iceland, legal entity code 600617-1410, VAT code 131086.

The data about the Company is kept and collected by the Register of Enterprises in Iceland.

Customer, you, Party

Any natural person or legal entity that uses the Services.

Customer Data

Any data uploaded or provided by the Customer. In order to provide the Services, we store, process and transmit your uploaded documents and information related to them. This data is processed solely in accordance with the directions provided by you (Customer or User). We are acting as a data processor for this information. All this information is stored and processed within the European Union/European Economic Area (EU/EEA).

Confidential Information

All information which is disclosed to or obtained by one party (whether directly or indirectly) from the other, including any and all information relating to the other’s business, Intellectual Property, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies, current, former or prospective clients, customers, partners or suppliers (together with copies made of any of the above) whether or not such information is marked as being confidential, but excluding information which is: (i) available to the public other than because of any breach of these Terms of Service; (ii) when supplied, already known to whomever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; (iii) independently obtained by whomever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or (iv) is developed independently of and without reference to any Confidential Information provided.

Intellectual Property

All intellectual property objects such as copyright and other works of authorship (cloud products, technological solutions, updates, data, databases, architecture of the code, software programs, articles and publications, etc.) as well as industrial property (trademarks, patents, designs, trade secrets, etc.) and all moral rights related thereto.

Personal Data

Information relating to an identified or identifiable natural person.

Pricing Plan

Functionality and scope of available features of Services, usage limits and the price. Pricing plans can be found on the website and in self-service portal. You can choose and change Pricing Plan using the Services online. That will not require to resign these Terms.

User

A natural person granted the Authorisation to use the User Account on behalf of a Customer.

Special Terms

Any particulars, specifications, and conditions by which the Parties have agreed to deviate from these Terms and (or) agree on supplementary conditions as specified in Section 10 of these Terms of Service.

Services

Services for uploading, storing, managing, archiving documentation, e-signatures and seals (qualified and non-qualified) validation, authentication, processes implementation tools (documents sharing) and other. The Customer and the Service provider may agree on additional and (or) other Services provision. Services can be integrable through API (Application Programming Interface) solutions or provided through Services portal.

Particular functionalities, scope of the Services and (or) specific conditions on the provision of the Services may be defined in:

  • Standard Service Pricing Plans offered by us on our website and (or) provided to the Customer through other means of electronic communication and accepted (ordered, subscribed) by the Customer;

  • Specific Services for special pricing offered by us to the Customer on our website and (or) through other means of electronic communication and accepted (ordered, subscribed) by the Customer. For the avoidance of doubt, such specific Services may be provided upon your acceptance (order, subscription) in addition to (on top of) any Services and Pricing Plans already ordered and used by you;

  • Special Terms agreed upon the Customer and us.

The Services may be provided on a specific term subscription as well as one-time basis.

Terms

The latest version of these Terms of ServiceData Processing AgreementAcceptable Use Policy and Privacy Policy.

Transactions

Any uploading, storing, managing, archiving documentation, e-signatures and seals validation, authentication, use of processes implementation tools (documents sharing) and any other action performed in use of Services that might be subject to specific quotas and applicable fees.

eIDAS Regulation

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

3. Service provision

3.1  By using the Services and subject to your compliance with the Terms: (i) Justikal and our licensors grant to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of Justikal. Our trademarks, such as logos and brand name, may be used by third parties only if written approval from us has been acquired prior to any such usages in publications and websites. Neither the Terms nor your access to and/or use of the Services transfers to you and/or any third party any rights, title and/or interest in any intellectual property rights related to the Services.

3.2  Our Services and those of our licensors are protected by applicable intellectual property laws, including EU copyright law and international treaties. Subject to the limited rights expressly granted hereunder, Justikal and/or its third-party providers, licensors, and suppliers reserve all right, title and interest in and to the Services, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

3.3  By registering with Justikal or signing up for Services, you understand that we may send you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) promotional information and materials regarding Justikal’s products and services; and (d) information regarding cases you have access to in the Service. Notices emailed to you will be considered given and received when the email is sent.  If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Services.

3.4  We will make our best effort to make the Services available to the Users 24 hours a day, 7 days a week, except for planned downtimes (with advance notice to Users). By virtue of these Terms, however, we do not assume any responsibility nor obligation in guaranteeing any specific uptime, service levels or response time rates.

3.5 We will not be liable or responsible for any failure to perform or any delay in performance of any of our obligations under these Terms that is caused by any other act or event beyond our reasonable control, including non-availability of the Service caused by the unavailability of third party Services, network problems or outages.

3.6  We do not warrant or give any other assurance that the content or functionalities of the Services will meet your requirements or that your personnel will achieve any level of proficiency or skill through the use of our Services. To the extent that the operation of the Services depends on factors outside of our reasonable control, we do not warrant or give any other assurance that the operation of the Services will be uninterrupted or error-free.

3.7  Except as otherwise indicated, the Services are provided “as is” without warranty of any kind, whether expressed or implied, including any implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, currency, correctness, or validity of any information, material or content provided by User through the Services rests with the User.

3.8  We are constantly innovating, changing, and improving the Services. We retain the right to amend our Services anytime by expanding or narrowing their scope, adding new functionalities, updating user interfaces or altering the Services in any other way without your permission.

3.9  In case of a change having material adverse impact to Services, we will make commercially reasonable efforts to inform you through the Service and (or) other means of electronic communication.

3.10  For modifications to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance.

3.11  You retain the right to terminate the use of the Services anytime as specified in these Terms. Your continued use of our Services after such changes come into effect constitutes your binding acceptance of such changes.

3.12  We highly respect the confidentiality of Customer Data (uploaded by you). We have no obligation to monitor any content uploaded through the Services. Therefore, we will not access, check, or read any Customer Data. We may do that only in very exceptional and strictly limited cases as specified in Clause 6.5 of these Terms.

3.13  The Customer is also prohibited from uploading, posting, transmitting, or otherwise making available through the Services any content that (i) the Customer knows or reasonably should know is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or (ii) the Customer does not have a right to make available under any applicable law or contractual or fiduciary relationships, or that infringes any patent, trademark, trade secret, copyright or other proprietary rights.

3.14  Furthermore, the Customer shall not (i) upload, post, transmit, or otherwise make available any content or information designed to interrupt, interfere with, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) reverse engineer, modify, adapt, or hack the Services, or otherwise attempt to gain unauthorised access to the Services or its related systems or networks; (iii) use the Services in violation of applicable laws; or (iv) access the Services with the purpose to build a competitive product or platform.

3.15  In our sole discretion, we may revoke or deny access to any User violating or under our commercially reasonable belief may violate the terms of Clauses 2.12, 2.13. The Customer acknowledges and agrees that any breach of these terms and conditions by any of its Users will be deemed a breach by the Customer.

3.16  Concerning Clauses 2.12, 2.13, hereof, the Customer shall defend and indemnify the Service Provider against any “Indemnified Claim”, meaning any third party claim, suit, or proceeding arising out of, related to, or alleging:

(i) infringement or violation of a copyright, trademark, trade secret, privacy, or confidentiality right by written material, images, logos, or other content uploaded through the Services;

(ii) that use of the Services through Customer’s account harasses, defames, or defrauds a third party or violates applicable legal acts;

(iii) exposure or disclosure of personally identifiable information or other private information input through the Services from Customer’s account (whether such data belongs to the Customer, to one of Customer’s customers or Users, or to other third parties);

(iv) any loss of or damage to real or tangible personal property, caused by the act or omission of Customer or of any of its agents, subcontractors, or employees.

This indemnification obligation is subject to you receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defence or settlement of such claim and (iii) all reasonably necessary cooperation by us at your expense.

4. Pricing and Payment obligations

4.1  We offer both free and paid Services. If you choose to subscribe to paid Services, you agree to pay the fees as quoted to you when you purchase particular Services.

4.2  The prices, features, data storage capacity, limits and other functionalities of the Services depend on the service selected by you as well as any changes instigated by you. Pricing is explicitly published in our Services before subscribing to the Services.

4.3  By subscribing to the Service, Customer gives Justikal full permission to charge the on-file credit card, or other approved methods of payment for fees that the Customer duly authorised. Customer is responsible for providing Justikal with a valid means of payment for paid accounts. User’s free Service plans are not required to provide payment information.

4.4  Customer is responsible for all fees, including taxes, associated with its use of the Service. By using the Services, the Customer agrees to pay Justikal any applicable taxes with its use of the Services by the Customer.

4.5  We provide monthly subscriptions the billing period will be one month (net 30), starting from the first of each month, and will automatically renew unless the case is closed, or you have deleted your account at least 1 business day prior to the renewal date. The Customer shall make payment of each such invoice by the due date stated in that invoice, provided that the relevant invoice is an appropriate and properly issued invoice. All invoices issued by Justikal shall be accompanied by a sufficiently detailed breakdown of the matters being invoiced. Late payments for the Services shall accrue interest at a rate of 0,02% per day of delay calculated off the outstanding amount of debt. Interest hereof shall be calculated automatically from the first day of delay. We are not required to additionally notify and (or) warn you that the interest will be calculated for late payments.

4.6  If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, limit any fee-based Services until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue.

4.7  We do not represent or warrant that any pricing will be offered indefinitely and reserve the right to change the prices for or alter the features and options of our pricing without prior notice. Pricing changes will be notified within 30 days of their effect and will automatically apply to existing subscriptions.

4.8  Your subscription will stop once the case you have created in the Service has the status “Closed”. By accepting these Terms, you confirm your understanding that after you pay for the Services, they are deemed to have been provided to you in full without delay. Therefore, you are not entitled to any partial refunds or credits.

5. Security and Personal Data

5.1  Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the data you provide us. By entering into these Terms you confirm to have reviewed and agree to be bound by the terms of our Privacy Policy. You are responsible for any and all activities that occur in your User Account.

6. Limitation of Liability

6.1  Civil liability of the Service Provider shall arise only upon the existence of the fault.

6.2  We do not assume any liability arising out of or related to these Terms for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, costs of delay, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of the possibilities of such damages in advance.

6.3  Except if otherwise stated in these Terms, we are not liable for any loss or injury of the Customer or its Users arising out of or caused, in whole or in part, by (i) Customer’s or its Users’ use or application of the knowledge gained from the Services, (ii) any computer virus not originating from the Services, or (iii) any unauthorised use of the Services by Customer or by any of its Users as described in these Terms.

6.4  Our aggregate liability to the Customer arising out of or related to these Terms will not exceed the amount actually paid by you to us under these Terms in the 12 (twelve) months immediately preceding the claim. As we offer both free and paid Services, you acknowledge that our aggregate liability will be limited to zero if you use Services for free and therefore, we will not compensate any losses except for damages resulted from our wilful misconduct or gross negligence as specified in Clause 5.6 thereof.

6.5  You agree that the waivers and limitations specified in Section 5 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.

6.6  Nothing in these Terms should exclude or in any way limit our liability for damages resulted from wilful misconduct (intentional fault) or gross negligence. Also, our liability cannot be limited in other cases and to the extent where imperative norms of applicable law clearly forbid such limitation: death or personal injury caused by defects of the Services; non-pecuniary harm; other (if applicable)

7. Proprietary Rights

7.1  We and our licensors have and retain all rights, title and interest in our Intellectual Property used for the provision of Services. Our Services qualify as Software as a Service (SaaS) and are offered on limited access and non-exclusive basis; no ownership rights and (or) Intellectual Property licenses are conveyed to the Customer, irrespective of the use of terms such as “purchase” or “sale”. Our Intellectual Property may be used by third parties only if a written approval has been acquired from us prior to any such uses for any purpose.

7.2  We also own all aggregated statistical data derived from the operation of the Services, including, without limitation, the number and types of any Transactions and any other statistical data associated with the use of our Services as well as the performance results for the Services. Nothing herein shall be construed as prohibiting us from utilising such aggregated statistical information for the purposes of operating our business, provided that our use of aggregated statistical information will not reveal personal information and (or) information identifying a particular customer to any third party.

7.3  Only upon receiving your permission, we may identify you as a customer of ours on our websites and in other marketing materials. Upon such permission, we may also display your trademarks, service marks and (or) logos in our marketing materials to identify you as a customer.

7.4  All Customer Data is irrevocably deemed the exclusive property of the Customer. We irrevocably waive any and all claims to any and all Customer Data.

7.5  We shall take reasonable steps to ensure that Customer Data is not accessed nor checked by anyone, including us. We have no obligation to monitor any content uploaded through the Services. Only in exceptional cases (e. g. when a court order and (or) order of competent authority is issued) or if it is explicitly required by the Customer to provide necessary technical support, the authorised personnel that are under strict obligations of confidentiality on strictly “need to know” basis may access Customer Data. Such access, however, shall be extremely limited to solely serve the purpose thereof.

7.6  We may only disclose Customer Data to the extent required by law or court orders, but we will use commercially reasonable efforts to notify you where permitted to do so.

8. Modifications

8.1  The latest version of all the documents of the Terms are enclosed to these Terms of Service. Yet, we reserve a right to modify Terms at any time at our sole discretion.

8.2  We will notify you of any changes to the Terms by posting the updated Terms on Justikal´s website and/or the Services, and we will revise the “Updated” date above. It is your responsibility to review the Terms of Service frequently and to remain informed of any changes to them. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances including but not limited to sending you an email informing you of the changes and/or by prominently posting notice of the changes on Justikal´s website and/or Services.

8.3  Your continued use of our Services after such changes come into effect constitutes your binding acceptance of such changes. Please check these Terms online (through provided links in these Terms) periodically for changes.

9. Force Majeure

9.1  We shall not be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, pandemics, and governmental action.

10. Governing Law

10.1  These Terms of Service shall be made and interpreted according to the laws of Iceland. Any disagreements and disputes arising between the Customer and Service Provider regarding these Terms of Service shall be settled by means of amicable endeavours of the parties. If the agreement cannot be reached, all the unsettled disputes, disagreements and demands arising from these Terms of Service or related to them, their violation, cancellation or validity, shall be solved in the competent court of Iceland.

11. Severability

11.1  These Terms apply to the maximum extent permitted by relevant law.  If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect.

11. Termination

11.1.  We reserve the right to terminate the provisioning of Services or hand over provisioning of Services to any third-party by informing Customers with a minimum notice of 6 months. In such case, Customers who have purchased Services that extend the notice will receive a refund for the months of Services which were not delivered.

11.2.  We reserve the right to terminate Services immediately, without a notice, if a User commits any breach of these Terms of Service or violates our Acceptable Use Policy.

11.3.  With exception to the Customers with active subscriptions, we reserve the right to cancel and delete your User Account and Customer Data if you haven’t accessed the Service for more than 12 consecutive months.

11.4.  Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

11.5.  Following termination of subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control.

12. Contact us

If you have any questions, concerns or complaints about these Terms of Service, you may contact our Support Team via email at support@justikal.com. We will respond to your query no later than within 30 calendar days.

 

Data Processing Agreement

he following Data Processing Agreement is valid from and last updated on May 2, 2022.

This Data Processing Agreement is entered into between the Service Provider and the Customer and is incorporated into and governed by the Terms of Service

1. Definitions

1.1 Unless the context explicitly requires otherwise, the following capitalized terms in this Data Processing Agreement will have the following meanings:

GDPR     Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

Customer Data     personal data as defined in GDPR provided by the Customer (or third party where the Customer acts as a data processor) to Justikal when using the Services;

Services      as per definitions in the Terms of Service;

Data Breach     any accidental or unlawful breach of personal data security resulting in accidental or unlawful destruction, loss, alteration or unauthorized disclosure (without authorization) of or access to processed Customer Data;

Sub-Processor     any person engaged by Justikal for the processing of Customer Data on behalf of Justikal and in accordance with its instructions to the extent and for the purposes specified in Data Processing Agreement.

1.2 Capitalized terms not defined above will have the same meaning as defined in the Terms of Service, unless the context explicitly requires otherwise.

2. Purpose and scope

2.1  Justikal shall provide Services to the Customer in accordance with the Terms of Services. In providing the Services, Justikal shall process the Customer Data on behalf of the Customer. Customer Data may include personal data. Therefore, the Customer shall be:

2.1.1  Data controller with respect to the Customer Data; or

2.1.2  Data processor, where Justikal provides personal data processed as a data processor; Justikal is a data processor. The Data Processor will process and protect such Personal Data in accordance with the terms of this Data Processing Agreement.

2.2  This Data Processing Agreement shall apply only to the processing of the Customer Data, where Justikal processes such data on behalf of the Customer and under its instructions as well as in providing Services. In such cases, where Justikal processes the Customer Data as a data controller instead of on behalf of the Customer or under its instructions, this Data Processing Agreement shall not apply; instead, Privacy Policy and other Justikal documents shall apply.

3. Processing Conditions

3.1  Justikal shall process the Customer Data in order to provide Services.

3.2  Justikal shall process personal data of such categories of data subjects that the Customer uploads or submits when using the Services.

3.3  Justikal shall process the Customer Data from the moment the Customer uploads or submits them when using the Services until the removal thereof by the Customer but no longer than specified in Article 13.2 of this Data Processing Agreement.

3.4  Justikal shall ensure for the Customer Data to be processed in the European Economic Area.

4. Customer Data Confidentiality

4.1  Justikal shall use the Customer Data only for the provision of the Services and implementation of its rights under the Terms of Service. Unless otherwise required by the law, Justikal shall not disclose the Customer Data to third parties.

4.2  Justikal shall ensure that the access to the Customer Data would be granted only to those employees or suppliers of Justikal which require such data for performing work functions or providing services to Justikal.

4.3  Justikal shall ensure that the employees or suppliers of Justikal processing Customer Data would comply with this Data Processing Agreement and would undertake to observe the confidentiality clause or would be subject to relevant confidentiality obligation establish under the laws.

4.4  If in complying with the requirements of the laws Justikal is obliged to disclose the Customer Data to third parties (e.g. law enforcement authorities), Justikal shall immediately notify the Customer about the requirements to disclose the Customer Data, unless otherwise required by the laws.

4.5  Such confidentiality obligations shall remain in force indefinitely and following the expiry of this Data Processing Agreement.

5. Customer Instructions

5.1  Justikal shall process the Customer Data only according to documented instructions of the Customer.

5.2  The Parties agree to regard this Data Processing Agreement, Terms of Service and Service Settings, which may be set by the Customer when using Services, as documented Customer instructions. The Parties may agree on execution of additional Customer instructions and the price thereof.

6. Technical and Organizational Measures

6.1  In processing the Customer Data, Justikal shall implement appropriate technical and organizational measures to protect the Customer Data. Justikal shall select technical and organizational measures taking into consideration the level of development of technical possibilities, costs of implementation and the nature, scope, context and purpose of data processing, as well as risks of various probability and seriousness with respect to rights and freedoms of natural persons associated with data processing. Justikal shall not be obliged to take into consideration the Customer instructions regarding technical and organizational measures.

7. Cooperation

7.1  Taking into consideration the nature of Services provided and the processing of processed data and available information, Justikal shall cooperate with the Customer to ensure the performance of obligations specified in GDPR Articles 32–36. For this purpose and only to the extent specified in this Data Processing Agreement, Justikal shall provide requested information to the Customer which is necessary for proper performance of obligations of the Customer under GDPR.

8. Data Processing Audit

8.1  To verify whether Justikal properly processes the Customer Data, the Customer shall have the right to conduct inspections of such processing under the procedure provided for in Article 8.

8.2  Justikal shall inspect, at least once per calendar year, at its own initiative and expense, whether applicable technical and organization measures are in line with the nature, scope, context and purposes of data processing, as well as risks associated with data processing with respect to the rights and freedoms of natural persons. Justikal shall engage an independent inspector for the inspection with the instructions to prepare inspection report (hereinafter – Report).

8.3  At the request of the Customer and according to an additional agreement by the Parties regarding the protection of confidential information, Justikal shall submit a Report to the Customer. Upon performance of this obligation by Justikal, it shall be considered that the Customer has exercised its right provided for in Item 8.1 of this Data Processing Agreement and GDPR Article 28(3)(h).

8.4  If the Customer wishes to additionally and/or by means other than specified in Article 8 inspect how Justikal processes personal data and/or performs its obligations under this Data Processing Agreement, such inspection may be conducted upon consent of Justikal and the agreement of the Parties on the scope, method, time and price of the inspection. In any case, if the Parties agree on such additional inspection, it will have to comply with the following requirements: (i) the inspection must be related only to the processing of the Customer Data; (ii) the Customer must inform Justikal about the wish to conduct additional inspection within a reasonable time period which must be at least 4 weeks; (iii) additional inspection must be conducted in a way it would not interfere with daily activities of Justikal; (iv) additional inspection must be conducted at the expense of the Customer; (v) additional inspection must be conducted by an independent person whose candidacy must be approved in advance by Justikal and such person must undertake to protect confidential information of Justikal.

8.5  Justikal shall have the right to receive remuneration for assistance in conducting additional inspection. The size of such remuneration will be determined by Justikal taking into consideration costs incurred by Justikal with respect to additional inspection. Justikal shall provide information to the Customer about the size of remuneration before the inspection.

8.6  In the event the Customer is not satisfied with the information provided in the Report and/or the Parties fail to agree on additional inspection as provided for in Items 8.4–8.5 of this Data Processing Agreement, the Customer shall have the right to unilaterally, under out-of-court procedure, terminate this Data Processing Agreement and the Terms of Service. In this case, the termination of the agreements will be the only measure that can be applied by the Customer and Justikal will not be obliged to compensate damages to the Customer.

9. Sub-Processors

9.1  The Customer hereby gives general advance consent to Justikal to engage Sub-Processors which will process Customer Data on behalf of Justikal according to the scope and purposes specified in this Data Processing Agreement. Justikal shall engage only those Sub-Processors which will ensure the following:

9.1.1  implementation of appropriate technical and organizational measures;

9.1.2  data processing in compliance with GDPR requirements; and

9.1.3  protection of the rights of the data subject.

9.2  Justikal shall ensure that a written agreement has been concluded with Sub-Processors engaged under which Sub-Processors shall undertake to comply with responsibilities of the data processor established in this Data Processing Agreement at least to the extent applicable to Justikal. Justikal shall be liable against the Customer for the performance of obligations of Sub-Processors engaged.

9.3  Up-to-date list of engaged Sub-Processors will be published by Justikal on the Compliance Website. Justikal shall notify the Customer about its plans to replace or engage a new Sub-Processor by making such information available on the Compliance Website no later than 14 days prior to the planned event.

9.4  If the Customer continues using the Services following the replacement or involvement of a new Sub-Processor and notification of the Customer under the procedure provided for in Clause 9.3 of this Data Processing Agreement, it shall be considered that the Customer agreed to such actions of Justikal. If the Customer disagrees with such replacement or involvement of the Sub-Processor, the Customer shall have the right to unilaterally, under out-of-court procedure, terminate this Data Processing Agreement and the Terms of Service. In this case, the termination of the agreements will be the only measure that can be applied by the Customer and Justikal will not be obliged to compensate damages to the Customer.

9.5  If the Customer withdraws its general consent to engage Sub-Processor, Justikal shall have the right to unilaterally, under out-of-court procedure, terminate the Terms of Service, and such termination shall be considered to have been made for important reasons and the Customer shall be deemed not to have suffered any damage due to such termination.

10. Customer Obligations

10.1  The Customer, at its own discretion and responsibility, shall determine the categories of the data subjects whose personal data and the categories of personal data to be provided to Justikal and shall provide to Justikal only personal data necessary for proper provision of the Services by Justikal. The Customer shall assume all related risks, including risks in cases where Justikal receives more personal data than is necessary.

10.2  The Customer represents and warrants that it has obtained and shall retain during the entire validity period of the Terms of Service all necessary permissions and authorisations required for the provision of the Customer Data to Justikal and engage Justikal for the processing of personal data under the Terms of Service and this Data Processing Agreement.

11. Data Breach

11.1  Justikal shall notify the Customer, without undue delay, but no later than within 36 hours after becoming aware about the Data Breach, and taking into consideration the nature of provided Services and the processing of personal data and available information, shall provide the following information to the Customer:

11.1.1  the nature of the Data Breach, including, where possible, the categories of the data subjects and approximate number thereof;

11.1.2  possible consequences of the Data Breach;

11.1.3  measures implement by Justikal or proposed to be taken to address the Data Breach, including, where appropriate, measures for mitigating possible negative consequences of the Data Breach;

11.1.4  full name and contact information of data protection officer or any other contact person that could provide further information. Justikal may provide this information to the Customer by making it available on the Compliance Website.

11.2  Justikal shall document all Data Breaches, including facts pertaining to the Data Breach, its impact and corrective actions taken. In cases provided for in legislation, Justikal shall provide such documents to supervisory authority.

11.3  The Customer shall be responsible for the compliance with legislation regulating the delivery of notifications or information to the data subjects about the Data Breach.

12. Liability

12.1 Taking into consideration the nature, scope, context and purposes of data processing, Justikal liability under this Data Processing Agreement shall be limited to and in any case may not exceed the amount the Customer has paid to Justikal in 12 months.

12.2 Limitation of liability shall not apply if Justikal breaches this Data Processing Agreement due to gross negligence or intentional misconduct.

13. Validity and Termination

13.1  This Data Processing Agreement shall come into force upon the entry into force of the Terms of Service and shall be valid for as long as the latter remains in force.

13.2  Upon termination or expiry of the Data Processing Agreement, Justikal shall destroy the Customer Data no later than within 30 days, unless there are grounds to process or manage the Customer Data other than those arising out of this Data Processing Agreement.

14. Applicable Law and Dispute Resolution

14.1  This Data Processing Agreement shall be subject to the law of Iceland.

14.2  Each dispute, disagreement or claim arising out of or related to this Data Processing Agreement, its violation, termination and validity shall be settled by negotiating. If the Parties are unable to reach an agreement within 30 days from the occurrence of the dispute, disagreement or claim, such dispute, disagreement or claim shall be settled in the court of Iceland.

15. Final Provisions

15.1  All notifications of the Customer to Justikal related to this agreement shall be sent via e-mail support@justikal.com and shall be deemed to be received when Justikal confirms the receipt thereof by replying to the Customer’s e-mail.

15.2  Justikal notifications to the Customer related to this Data Processing Agreement shall be published by Justikal on the Compliance Website. Justikal shall notify the Customer about any changes to this Data Processing Agreement by making such information available on the Compliance Website.

15.3  The amendments to this Data Processing Agreement shall come into force following publication thereof on the Compliance Website. Justikal shall announce about intended amendment of the Data Processing Agreement at least 30 days prior to the planned amendment. If the Customer continues using the Services following the publication of amendments to the Data Processing Agreement, it shall be deemed that the Customer agrees with the amendments to the Data Processing Agreement. If the Customer disagrees with the amendments, the Customer will not be able to use Services and shall have the right to terminate the Terms of Service.

 

Acceptable use policy

The following Acceptable Use Policy is valid from and last updated on May 2, 2022.

This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access. Use of the Services is subject to this Acceptable Use Policy. You agree not to misuse the Services or help anyone else do so. Capitalized terms used in the Acceptable Use Policy but not defined in this policy have the meaning set forth in the Terms of Service.

1. Acceptable Use and User Content

1.1  You agree you will not, nor will you encourage others or assists others, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Justikal and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Justikal) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our acceptable use policy; (f) use the Services to violate any law of distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.

1.2  You represent and warrant that: (i) any information and/or User Content you provide in connection with your access to and/or use of the Services is true, accurate and complete and you will maintain and update such information regularly; and (ii) you will respect the intellectual property, other information and all rights of Justikal and others using the Services.

1.3  All content you upload, create, submit, distribute, and/or post to the Services, which is or may be provided to Justikal and/or placed on the user’s Justikal profile page or inputted and/or uploaded by you via the Services (“User Content”) whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Justikal has no responsibility and/or liability for the deletion and/or accuracy of any User Content; the failure to store, transmit and/or receive transmission of User Content; and/or the security, privacy, storage and/or transmission of other communications originating with and/or involving use of the Services. You alone are responsible for User Content, and once published, it cannot always be withdrawn. You represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in the Terms.

1.4  Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Services. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to Justikal a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. Justikal will treat any Feedback you provide to Justikal as non-confidential and non-proprietary. You represent and warrant that you have all rights necessary to submit the Feedback.

2. Services Misuse

2.1  You agree that you will not under any circumstances transmit any User Content (including documents, video files, text, images, or other information) that:

2.1.1  is altered, deceptive or false source-identifying information.

2.1.2  promotes or advertises products or services without appropriate authorization.

2.1.3  violates the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information.

2.2  You agree that you will not under any circumstances create a case and add random parties that have no connection to the relevant case. You are not allowed to create cases which do not represent any real interest and/or are created to spam other Users.

2.3  The Services may only be used to store Customer Data that the User have lawfully obtained or created. The Services may not be used directly or indirectly for any illegal activity.

3. Inappropriate content

3.1  Posting, uploading, sharing, submitting, or otherwise providing content that:

3.1.1  Infringes the Service Provider’s or a third-party’s Intellectual Property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other Intellectual Property right or proprietary or contractual right;

3.1.2. Contains viruses, bots, worms, scripting exploits, or other similar materials;

3.1.3. You don’t have the right to submit;

3.1.4  Could otherwise cause damage to the Service Provider or any third-party.

4. Violation of Acceptable Use Policy

4.1  Violations by you, your company, or any other party authorized to access and use the Services may result in blocked access to or partial or full suspension of Services or other reasonable actions appropriate to address the violation, as determined by us in our sole discretion.

4.2  We shall make reasonable efforts to contact you so that violations may be addressed voluntarily by you however we reserve the right to act without notice when necessary to preserve the stable, secure and uninterrupted operations of the Services, as determined by us in our sole discretion.

4.3  We may involve and will cooperate with law enforcement agencies and government agencies if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.

4.4  In case of violation of this Acceptable Use Policy, Customer shall not be entitled to any compensation.

 

Privacy policy

The following Privacy Policy is valid from and last updated on May 2, 2022.

This Privacy Policy constitutes an agreement between the Service Provider and the Customer and is incorporated into and governed by the Terms of Service. Privacy Policy describes what information we collect and use about you and what information is shared with the third parties. Protecting the privacy and integrity of your personal data is our top priority.

1. Information we may collect about you

We collect different types of information in order to provide you with the Services in a reliable and secure manner.

1.1  Personal Data. Information relating to an identified or identifiable natural person.

1.2 Your account information. When you use the Services and a reasonable period thereafter in case you decide to re-activate the Services. We collect and associate with your User Account the information you provide us like your first and last names, email address, mobile phone number, personal code, address, credit card and/or other billing information. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes and to enforce our agreements. We are acting as a Data Controller for this information. All this information is stored and processed within the European Union/European Economic Area (EU/EEA).

1.3  Your uploaded data (Customer Data). In order to provide the Services, we store, process and transmit your uploaded documents and information related to them. This data is processed solely in accordance with the directions provided by you. We are acting as a Data Processor for this information. All this information is stored and processed within the European Union/European Economic Area (EU/EEA).

1.4  Your usage information. We collect information related to how you use the Services. We may collect information like IP addresses, the type of browser, device, operating system you use, actions you take when using our Services. We use this information to improve our Services, develop new products, features, and functionality, and ensure the security of your account and your data. Should this purpose require us to process Customer Data, the data will only be used in anonymized or aggregated form. We are acting as a Data Controller for this information.

1.5  Other information. We may receive information about you, including your Personal Data, from third parties we are working closely with (like Qualified Trust Service Providers, other Service Providers integrated into our Services, business partners, subcontractors, payment service providers, credit rating agencies) on the basis of agreement or from cookies on the basis of consent. We will treat this information as Personal Data in accordance with this Privacy Policy. We are acting as a Data Controller for this information.

1.6  Contact information. Based on your consent and to answer your questions, we process personal data that you provide us when using contact forms on our website, such as name and surname, email address, phone number, organisation, message and other data that you provide. We are acting as a Data Controller for this information.

2. Disclosure of your information

We do not share any personal information with third parties unless one of the following circumstances applies:

2.1  With your consent. We will only share your personal information when we have your consent.

2.2  For internal processing. We shall ensure that the access to the Customer Data will be granted only to those employees or suppliers of Justikal which require such data for performing work functions or providing services to Customers.

2.3  For external processing. We may provide the Personal Data to our trusted business partners to process it for us, based on our instructions and in compliance with this Privacy Policy.

2.4  Lawful requests. We may disclose the Personal Data when we have a good belief that access, use, preservation or disclosure of such information is necessary to:

2.4.1   satisfy any applicable law, regulation, legal process or enforceable governmental request;

2.4.2  enforce our Terms of Service, including investigations of potential violations;

2.4.3  protect against imminent harm to our rights, property or safety, or that of our users or public as required or permitted by law.

2.5  Business transfers. We may share and/or transfer your Personal Data if we become involved in any merger, acquisition, reorganization, sale of assets, bankruptcy.

3. Retention Policy

3.1  Once you delete your User Account from the Services, your copy of the content (Customer Data) is deleted within 30 days of the date of closure. Your account information and billing information is retained for a period of 7 years in accordance with the Icelandic accounting and taxation laws.

3.2  We retain information about your activity and system logs (the actions you take when using our Services) to ensure our Services are provided in a reliable and secure manner. This information related to your activity may contain Customer Data and/or Personal Data. This information is not deleted.

4. Data Controller

4.1  You’re acting as a Data Controller for your uploaded data (Customer Data) that contains Personal Data. We are not responsible for any Personal Data stored at the discretion of our Customers, including but not limited to Access requests or Documents.

4.2  We are neither responsible for the manner in which our Customers collect, handle, disclose, distribute nor otherwise processes such data.

4.3  The terms for such data processing are defined in the Data Processing Agreement.

5. Analytics

5.1  ​We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behaviour and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile.

5.2  We use Google Analytics to analyse the use of our website and APP solution.

For further details, please see the ‘About Hotjar’ section on Hotjar’s support site.

For more information about Google Analytics, see Google’s Privacy Policy.

6. Use of Cookies

6.1  Cookies are a small piece of information saved in your browser storage. They are used to improve the customer experience in pages and help third-party services to work properly. We use cookies in all our Services. We only store anonymous identifiers and other preferences, so your personal data is not stored. We inform you about the use of cookies when you visit our website. We ask you to consent to the use of all, except strictly necessary, cookies on our website.

6.2  We use three types of cookies:

6.2.1  Essential cookies — essential in provision of Services. These cookies ensure that information and services are delivered securely and optimally.

6.2.2  Performance cookies — to monitor visitor behaviour and help us improve our information and services.

6.2.3  Functionality cookies — to help improve your experience by providing a more personalised service. Those cookies remember choices, for example, language, preferred login option etc.

7. Your rights

7.1  Under the GDPR regulation, data subjects have the following rights:

7.1.1  the right to access personal data held about them;

7.1.2  the right to object to processing (for example, direct marketing);

7.1.3  the right to data portability;

7.1.4  the right to complain about processing carried out by the data controller;

7.1.5  the right to object to automated decision making;

7.1.6  the right for the personal data being updated;

7.1.7  the right to be forgotten.

7.2  You may exercise any of your rights in relation to your personal data by contacting our Data Protection Officer by email at support@justikal.com

8. Changes and Updates

8.1  We may revise this Privacy Policy from time to time and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you.

9. Contact us

If you have any questions, concerns or complaints about this Privacy Policy, you may contact our Data Protection Officer by email at support@justikal.com.