Terms of Service
Terms of use and liability waiver
These Terms of Use apply to the use of Softpix Ltd's online Service (later Softpix). If you do not accept these terms of use, you must not use Softpix’s Digital Services. The terms and conditions apply to the transactions of both registered and unregistered users (later the User). The terms apply to the use of the Service by an unregistered user for as long as the user uses the Service. In the case of a registered user, these terms and conditions shall apply between the parties at least until the user’s username has been deleted. Softpix reserves the right to change these terms of use from time to time. The changes will take effect immediately.
This document and all contractual & non-contractual obligations arising out of or in connection with it shall be governed by the laws of Finland. The user further agrees that the courts of Finland have exclusive jurisdiction to settle any dispute arising out of or in connection with this document (including a dispute regarding the existence, validity, or termination of this document).
Waiver of Liability
This document waives the liability of Softpix and the Services provided by the company. I understand that Softpix is not responsible for any damage based on usage of Softpix’s product and/or provided service. The user of the Service accepts this when using the products/services. In addition, he agrees that the user uses the Service and its content in all respects at the user’s own risk. The service provider reserves the right to change and modify the product/service at any time.
The Service Provider is not responsible for the content of the service, nor for any other content delivered or received through or through the service or its reliability. The service provider is not responsible for the content of the information presented and published in the service or sent to the user, the suitability of the presented information and instructions for an individual user, the accuracy or possible errors, possible damage to the service or part thereof, deficiencies or delays. Softpix is not responsible for the content of any external site from or to which the service is linked.
Softpix shall not be liable for any direct, indirect, or consequential damages, including loss of income or earnings, business interruption, damage to hardware, software, data, or files resulting from the use or obstruction of the Service. The service provider is not liable for any damage caused by the user to him/herself or to others, misuse of the service, or any other similar action. The Service Provider shall not be liable for damage caused by force majeure or unreasonable difficulty in operations due to a similar reason. I hereby agree that I will indemnify and hold harmless Softpix and its affiliates, directors, agents, and employees from and against any and all actions, costs, claims, losses, expenses, and/or damages, including legal fees, that I might have now or in the future have, for any personal or my clients’ damages/losses in my manner resulting from my usage of the Service/product.
I understand that my access to the Service is at the sole discretion of Softpix. Compensation must be claimed within one month of the discovery or should have been discovered by the customer for the basis of the compensation.
Softpix digital content
This document is a legal and binding agreement between the customer and the digital content provided by Softpix (hereinafter the Service Provider) (hereinafter the Service). It regulates how the customer can use the Services of the Service Provider and what are the obligations of the Service Provider. These terms and conditions must be read carefully before using the Service.
These Terms of Use set out the terms of use of the Services and the published material, as well as the privacy policy. The Service Provider has the right to update these terms and conditions and change the content of the pages without prior notice. Finnish law and the EU Data Protection Regulation apply to these terms and conditions and the use of our website in accordance with the register description.
The Service Provider strives to develop the Service and ensure that it operates as smoothly as possible. The Service Provider has the right to change or delete the content, structure, Service hours, or other aspects of the Service or its parts. If the changes require changes to the user’s hardware or software or other actions by the user, the Service Provider will endeavor to notify you of the changes well in advance. The user is responsible for any necessary changes to his hardware and software at his own expense.
Content and delivery of the Service
The Service is a package that includes the Software, Services, and other materials provided by Softpix and any other Service Providers cooperating with Softpix (hereinafter: Other Service Providers) from time to time to the extent of the respective product range.
The Service is available 24 hours a day unless otherwise stated for a certain Service. Customer support and service can be provided for a shorter period of time. The Service Provider makes no warranties, express or implied, as to the operation or features of the Service and does not warrant that the Service will be uninterrupted or error-free. The Service Provider always has the right to terminate the provision of the Service in whole or in part, as well as the right to temporarily decommission the Service or part thereof due to maintenance or other reasons, if it so wishes without compensation.
The Service provider may, if it deems it necessary, prevent the user from accessing and/or receiving the Service without prior notice.
The user receives access to the Service and uses it at their own risk. The user is responsible for the acquisition, installation, maintenance, and costs of the hardware, software, telecommunications, and data transmission connections required for the use of the service. The user may not connect or use the service in such a way as to cause an unreasonable load or other inconvenience to the network, other networks connected to the network, service users, other third parties, or the service provider. The Service Provider may give you more detailed instructions on how to use the network and which is prohibited. The administration has the right to intervene in cases of obvious abuse.
The service provider may terminate, terminate or remove the material at its own discretion.
A Service Provider may offer, transmit, or market services and/or products, paid or complimentary, produced and/or provided by Other Service Provider. The services provided by Other Service Providers are provided, transmitted, and marketed as such and without liability. The Service Provider shall not be liable for any damage resulting from any error in the service provided by another Service Provider, such as incorrect information, delay in the Service, or availability of the Service. In addition to these terms and conditions, the User undertakes to comply with any special terms and conditions, limitations of liability, and instructions of the Other Service Provider.
Registration as a user of the Service
Products/services are available on registration. The Service Provider reserves the right to change, modify and access the elements, thus allowing the use of the service without registration. Such Service(s) may be used as a whole or part only for registered customers. Upon registration, the user must provide the requested personal information. The user is responsible for the accuracy of the personal data provided and updates personal information accordingly.
The Service Provider is not responsible for unauthorized, inappropriate, or illegal use of the user's name or account is revealed, guessed, broken, or subjected to a software error. If the user becomes aware of the unauthorized use of the account or if the confidentiality of the user has been compromised, the user must immediately notify the administrator (info@softpix.io). Softpix may then, in its sole discretion, close the user account to prevent its misuse. The registered user has the right to delete the user account. The user account will be deactivated by notifying info@softpix.io by e-mail.
Agreement and purchasing a service
The user is responsible for using the Product/Service in accordance with the Terms of Service of the ordered service. When the user pushes the “Buy” button, he or she confirms that he/she is over 18 years of age or power to make a purchase on behalf of the company or that he or she has parental or guardian permission to enter into the agreement. At the same time, he undertakes to comply with the terms of this agreement. All information provided by the customer during registration must be accurate and must not be missed by relevant information. The user has a duty to keep such information up to date at all times. When the user purchases the Product/Service, the user is responsible to pay the price of the Service. The agreement is valid until further notice or until terminated by the customer or service provider. The Service Provider reserves the right to terminate this Agreement and close the Customer’s account at any time if the Customer uses or is suspected of misusing the Service.
Cancellation
Purchased online Products/Services cannot be canceled.
Information provided in the service
While the service provider will use its best endeavors to ensure that the information published on the product/service is correct and up-to-date, the information may contain inaccuracies or errors. The product availability information or product price information presented in the service may be in some respects incorrect and Softpix is not obligated to reimburse the customer if a product has been sold out or if the service contains incorrect price information.
The service is provided “as it is” and “subject to availability”. To the extent permitted by law, the Service Provider does not provide an express or implied warranty for the Services or Products, their quality, content, or suitability for a particular purpose. In addition, Service Provider does not guarantee, ensure or endorse any product or service advertised or offered by a third-party service or to the linked Web page or which are advertised on banners or otherwise, or take responsibility for them. Nor is the service provider responsible in any way for transactions between the customer and third-party suppliers of products advertised on or through the service. The customer should use their own judgment and caution in this case as well. No information provided orally or in writing by the Service to the Customer constitutes a guarantee granted by the Service Provider.
Customer responsibility
The user must always consider the suitability of the information provided to the user within the product/service. You are responsible for your use of the Product/Service and for any material you submit to or distribute to others.
Rights to the service and materials
Copyrights
The Service Provider or its contractual partners have the copyright, intellectual property, and other protected rights of the Service and the material related to the Service. The Service Provider has the right to use and republish or redistribute the modified or original material sent or transmitted by the Customer to the public areas of the service (such as Facebook, Instagram, Twitter) to the public areas of the service (such as Facebook, Instagram, Twitter). -, or in other activities. Customer shall not, without the prior written consent of the Service Provider, make copies, transmit to the public, present to the public, distribute to the public, display in public, or use the Service or the content received through it other than as permitted by these Terms of Use and Copyright Act. The above also includes a ban on reprinting under copyright law. The Customer may not use the Service in violation of the copyright or other rights of the service provider or a third party.
Privacy Policy
This Privacy Statement describes the personal data we collect and/or process (which may include collecting, organizing, structuring, storing, using, or disclosing) to provide SPX Graphics products and services offered by Softpix Ltd.
GUIDING PRINCIPLES
We value your privacy and strive to provide a good and secure experience while storing a minimum amount of your personal data.
We do not sell your personal information, this is not our business.
We do not have advertising on our services, this is not our business either. That's why we do not set any advertising, or other interest-based, cookies in your browser.
HOW TO CONTACT US
If you have any privacy-related questions or comments related to this Privacy Statement, please send an email to info@softpix.io.
DEFINITIONS
SPX Graphics is an umbrella brand of Softpix Ltd. SPX Graphics refers to digital services and software of Softpix Ltd, such as SPX Graphics Desktop, it's webapp version or integrated application in a third party video platform.
Softpix A company developing and providing SPX Graphics
User A person or company using SPX Graphics for free or as a paid customer
Personal Information A collection of personal data about the User, specified in detail in this Privacy Policy section What Personal Data Do We Receive.
WHAT PERSONAL DATA DO WE RECEIVE?
Personal data is any information from or about an identified or identifiable person, including information that Softpix can associate with an individual person. We may collect the following categories of personal data when you use SPX Graphics:
User Profile Information: Information associated with the profile of a user who uses SPX Graphics, which may include name, email address, user ID, or other information provided by the user in their profile, registration or software settings.
User Generated Data: Information the user has entered into SPX Graphics or has generated by using it. This information may include content entered into projects, rundowns and templates as well as usage statistics of the features of the SPX Graphics.
Information from Integrated Services Information aggregated from external services and software which are integrated to work with SPX Graphics. The data received may include user name, contact information, account ID and other information. See Privacy Policies of the integrated services for more information about their use of personal data. Communication with Softpix: Information about your communications with SPX Graphics support or Softpix, including support questions, your account, and other inquiries.
HOW DO WE USE PERSONAL DATA?
Provide Products: To provide SPX Graphics features, and services to users and account owners. This may also include using personal data for customer support. We also use personal data to manage our relationship and contracts with users and account owners, including billing, compliance with contractual obligations, and related administration.
Product Research and Development: To develop, test, and improve SPX Graphics, and to troubleshoot products, services and their features. Authentication, Integrity, Security, and Safety: To authenticate users, accounts and activity, detect, investigate, and prevent malicious conduct or unsafe experiences, address security threats, protect public safety, and secure SPX Graphics.
Communication: We use personal data (including contact information) to communicate with Users about Softpix, SPX Graphics, features and services, including product updates, User's account, and changes to our policies and terms. We also use your information to respond to you when you contact us.
Legal Reasons: To comply with applicable law or respond to valid legal process, including from law enforcement or government agencies, to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our Terms of Service.
HOW DO WE SHARE PERSONAL DATA?
SPX Graphics does not provide personal data to third party, with following exemptions:
For Legal Reasons Softpix may share personal data as needed to: (1) comply with applicable law or respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies; (2) enforce or investigate potential violations of its Terms of Service; (3) detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; (4) meet our corporate and social responsibility commitments; (5) protect our and our customers’ rights and property; and (6) resolve disputes and enforce agreements.
Change of Control: We may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of Softpix’s business or assets, including in connection with bankruptcy or similar proceedings.
HOW DO WE RETAIN PERSONAL DATA?
We retain personal data for as long as required to engage in the uses described in this Privacy Statement, unless a longer retention period is required by applicable law.
The criteria used to determine our retention periods include the following:
The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using SPX Graphics); Whether account owners modify or their users delete information through their accounts; Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or Whether retention is advisable in light of our legal position (such as in regard to the enforcement of our agreements, the resolution of disputes, and applicable statutes of limitations, litigation, or regulatory investigation).
PRIVACY RIGHTS AND CHOICES
If you are in the European Economic Area (EEA), Switzerland, or the UK, or a resident of California, please refer to the respective dedicated sections below. Otherwise, at your request, and as required by applicable law, we will: Inform you of what personal data we have about you that is under our control; Amend or correct such personal data or any previous privacy preferences you selected, or direct you to applicable tools; and/or Delete such personal data or direct you to applicable tools.
In order to exercise any of your rights as to personal data controlled by Softpix, please send a request at the contact details specified in the How to Contact Us section of this Privacy Statement. Where legally permitted, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others.
EUROPEAN DATA PROTECTION SPECIFIC INFORMATION (GDPR)
Data Subjects Rights
If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller specifically include:
Right of access and/or portability: You have the right to access any personal data that we hold about you and, in some circumstances, have that data provided to you so that you can provide or “port” that data to another provider;,
Right of erasure: In certain circumstances, you have the right to the erasure of personal data that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected);
Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal data and/or stop sending you marketing communications;
Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal data;
Right to restrict processing: You have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).
To exercise your rights or if you have any other questions about our use of your personal data, please send a request at the contact details specified in the How to Contact Us section of this Privacy Statement. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data.
You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority.
Legal Basis for Processing Personal Data
We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when Softpix processes personal data as a controller for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction:
As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract (i.e., providing SPX Graphics features and services to users and account owners). If we do not process your personal data for these purposes, we may not be able to provide you with all features, and services;
As necessary to comply with our legal obligations: We process your personal data to comply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity (“fraud and abuse detection”) and compliance with privacy laws;
To protect your vital interests or those of others: We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and As necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account owner and/or reseller providing you with SPX Graphics (which includes billing, compliance with contractual obligations, and related administration and support); (ii) develop, test, and improve our services and troubleshoot products and features; (iii) ensure authentication, integrity, security, and safety of accounts, activity and products, including detect and prevent malicious conduct and violations of our terms and policies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to SPX Graphics; and (v) comply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our customers, resolve disputes, and enforce agreements.
International Data Transfers
SPX Graphics functions globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected. Therefore, by using SPX Graphics or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States as well as in other countries outside of the EEA, Switzerland, and the UK. Such countries may have data protection rules that are different and less protective than those of your country.
We protect your personal data in accordance with this Privacy Statement wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws. Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country outside the EEA, Switzerland, or the UK which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commission’s standard contractual clauses.
CALIFORNIA PRIVACY RIGHTS (CCPA)
California Consumer Privacy Act
Under the California Consumer Privacy Act of 2018 (CCPA), California residents may have a right to:
Access the categories and specific pieces of personal data Softpix has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom Softpix has shared personal data;
Delete personal data under certain circumstances; and
Opt out of the “sale” of personal data. However, we do not sell or share your personal data.
Softpix will not discriminate against you for exercising any of these rights, which is further in line with your rights under the CCPA.
To exercise your rights, please contact us at the contact details specified in the How to Contact Us section of this Privacy Statement.
We will acknowledge receipt of your request within 10 business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to 90 days) in writing.
Under the CCPA, only you or an authorized agent may make a request related to your personal data. Note that to respond to your requests to access or delete personal data under the CCPA, we must verify your identity. We may do so by requiring you to log into your SPX Graphics account (if applicable), provide information relating to your account (which will be compared to information we have, such as profile information), give a declaration as to your identity under penalty of perjury, and/or provide additional information. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.
California's Shine the Light Law
California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not share Personal Information with third parties for the third parties’ direct marketing purposes.
Changes to This Privacy Statement
We may update this Privacy Statement periodically to account for changes in our collection and/or processing of personal data, and will post the updated Privacy Statement on our website, with a “Last Updated” date at the top. If we make material changes to this Privacy Statement, we will notify you and provide you an opportunity to review before you choose to continue using SPX Graphics.