Terms of Service

Effective Date: December 12, 2019.

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.

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 Service, Data Processing Agreement, Acceptable Use Policy, Privacy 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, additional terms and conditions as may be provided to you on our website and/or in our Services; (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.

2. Modifications

We may make changes to the Terms and/or our other operating rules, policies and/or procedures from time to time, in our sole and absolute discretion. 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. Any changes to our operating rules, policies and/or procedures shall be incorporated herein. It is your responsibility to review the Terms 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. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. The updated version of the Terms will supersede all earlier versions. You agree that your continued use of the Services after such changes have been published will constitute your acceptance of such revised Terms and operating rules, policies and/or procedures (as applicable).

3. License to use our services

3.1. Ownership and Rights to Access and/or Use the Services.

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. Reservation of Rights.

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. Service Provision.

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). We shall be responsible for the compliance of document signing and electronic identification procedures and used standards with Regulation (EU) No 910/2014 (eIDAS). We shall support qualified and advanced trust service providers in our Services, which meet the requirements set forth for qualified services providers under the Regulation (EU) No 910/2014 and are properly listed in the EU trusted lists.

4. Security and Personal Data

Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the data you provide us. You agree to review the terms of our Privacy Policy. You are responsible for any and all activities that occur in your User Account. A User Account can also be provided by the Account Administrator who is responsible for the control of User Accounts.

Account Administrator can add additional User Accounts, cancel or suspend access to the Services, manage document permissions and access User Data and Personal Data. Actions performed by the Account Administrator may result in changes to the access, use, disclosure, modification or deletion of certain User Data and/or Personal Data.

All actions performed by User or Administrator are logged and visible in an audit trail.

5. Limitation of Liability

We are not liable for any Service failures or software bugs and do not cover any of the cost associated with such events, direct or indirect losses or loss of profits and do not compensate for any possible inconvenience that Users might incur.

 

6. Force Majeure

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, and governmental action.

7. Governing Law

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.

8. Special Terms and Severability

The Customer and Service Provider may agree upon Special Terms which deviate from these Terms. Any such agreement must be signed by authorized representatives of both parties and will have precedence over these Terms.

 

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.

9. Termination

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. We reserve the right to cancel and delete your User Account and Data if you haven't accessed the Service for more than 12 consecutive months.

10. 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.