SmartProfiles terms and conditions

Parties of the Agreement

This agreement (“Agreement”) is made between:
Leiki Ltd (“Leiki): owner and creator of SmartProfiles API and services (“SmartProfiles “), SmartProfiles.net and Leiki.com; and You (“You”, “Your”).

Scope

This Agreement covers only the responsibilities and liabilities associated with the SmartProfiles. This web page describes the terms and conditions governing Your use of the SmartProfiles and this website. By accessing this website or any SmartProfiles services, You signify that You have read, understood, and agree to be bound by these terms (“Terms of Use”). These Terms of Use represent a legal agreement between You and Leiki.

Intellectual Property Rights

Leiki owns or has a license to all right, title and interest including the Intellectual Property Rights in and to SmartProfiles and modifications of SmartProfiles done by Leiki except for possible rights of third parties, from which Leiki has obtained the rights. You agree not to use, copy or assign SmartProfiles in any other way except what has been agreed in this contract.

All title and intellectual property rights in and to the content available through SmartProfiles is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You understand that Leiki may retain a copy of the metadata generated by SmartProfiles. By generating metadata through SmartProfiles, You grant Leiki a non-exclusive perpetual, sub-licensable, royalty-free license to that metadata. Leiki’s use of this metadata is governed by the terms of the Leiki Privacy Policy.

Please note that Leiki does not claim copyright or license for any submitted content.

License

Leiki grants You a non-exclusive, non-transferable, non-sublicensable, non-assignable, limited world-wide license to access and use SmartProfiles for personal or business purposes. You may not access the Smartprofiles if You are a competitor, except with prior written consent from Leiki. For the purposes of these Terms of Use, a Competitor is any individual or business entity engaged in using semantic technology (Natural Language Processing, Medical Language Processing, or other) for the purposes of analyzing text passages to extract entities or text meanings automatically. In addition, You may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

API Key

Leiki will provide You with an API Access Key that will enable You to access SmartProfiles. Your use of this API Access Key is governed by the terms of this agreement. Your API Access Key should be considered private information and should not be provided to any person. Failure to abide by these terms may result in the termination of Your access to SmartProfiles.

Restrictions

You agree that You will not:

(i) Access or reverse engineer SmartProfiles in order to build a competitive product or service, build a product using similar ideas, features, or functions of the Service, or copy any ideas, features, or functions of SmartProfiles;
(ii) Utilize the information provided by SmartProfiles to create a service similar to SmartProfiles, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorization services;
(iii) Publish or perform any benchmark or performance tests or analysis relating to SmartProfiles or the use thereof without express authorization from Leiki;
(iv) Republish information provided by SmartProfiles in a bulk format;
(v) Use SmartProfiles to reproduce copyrighted materials;
(vi) Make SmartProfiles available over a network (other than SmartProfiles’s network) where it could be used by others;
(vii) Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on SmartProfiles, features or ideas from SmartProfiles, or any portion of them;
(viii) Create or use multiple SmartProfiles keys;
(ix) Circumvent any technology used by SmartProfiles or its licensors to protect information accessible via SmartProfiles;
(x) Utilize or enable a third party to utilize SmartProfiles via any means that bypasses this agreement or the SmartProfiles API Key registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
(xi) Sell, rent, lease, transfer, or sublicense any of SmartProfiles;
(xii) Distribute, facilitate, or enable access to SmartProfiles Services in any manner deemed by SmartProfiles in its sole discretion to be objectionable or harmful to the business or reputation of SmartProfiles;
(xiii) Use SmartProfiles in conjunction with deep packet inspection and/or any form of network surveillance technology;
(xiv) Use SmartProfiles to monitor Internet and/or other telecommunications traffic; or
(xv) Use SmartProfiles in any way that violates the terms of this Agreement

Attribution

When using SmartProfiles, or content generated via the SmartProfiles, for any purpose, You agree
to:

(i) Display the Leiki logo within the website or application that shows results generated using SmartProfiles;
(ii) Provide a clickable hyperlink to www.smartprofiles.net with the text “Text Analysis by Leiki SmartProfiles” within Your website or application; and
(iii) Provide attribution to Leiki SmartProfiles within any published works that are based on or mention SmartProfiles, or content generated by SmartProfiles, including but not limited to research papers and journal articles.
(iv) Provide attribution to SmartProfiles within all web pages or documents where SmartProfiles content and/or API results are used or displayed.

Warranties

This site, the materials, data, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all content or data distributed by, downloaded or accessed from or through this service, is at Your sole risk. Leiki disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content on the site. Leiki does not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free.

Termination

Leiki has the right (though not the obligation) to, in Leiki’s sole discretion:

(a) refuse to provide SmartProfiles to You, if it in Leiki’s reasonable opinion violates this agreement or is in any way harmful or objectionable, or;
(b) immediately terminate or deny access to and use of SmartProfiles to any individual or entity for any reason, at Leiki’s sole discretion.

Modifications

Leiki may from time to time modify these Terms of Use and will post a copy of the amended Agreement at https://www.leiki.com/smartprofiles-terms-and-conditions. If You do not agree to, or cannot comply with, the Agreement as amended, You must stop using SmartProfiles, or, if applicable, cancel Your SmartProfiles subscription. You will be deemed to have accepted the Agreement as amended if You continue to use any of the SmartProfiles API after any amendments are posted on the Site.

Indemnification

You agree to hold harmless and indemnify Leiki, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to Your or Your users’ use of SmartProfiles, violation of these Terms of Use or other actions connected with use of SmartProfiles services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Leiki will provide You with written notice of such claim, suit or action.

Limitation of Liability

In no event shall Leiki, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of SmartProfiles.

During and after the term of the Agreement, with respect to any of SmartProfiles that You elect to use, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against Leiki or any of Leiki’s customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of Leiki), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

Independent Contractors

You and Leiki are independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. You may publicly refer that You utilize SmartProfiles. However, You agree not make any other public statements that assert or imply any other relationship with Leiki, unless You have Leiki’s prior written approval.

Interpretation

The Agreement will be interpreted according to its purpose. No clause of the Agreement can be interpreted separated from the context of the whole Agreement and possible appendices.

Force Majeure

Leiki shall not be liable for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of Force Majeure.

Events of Force Majeure are events beyond Leiki’s control and which were not reasonably foreseeable at the time of signing of this Agreement and whose effects are not capable of being overcome without unreasonable expense and/or loss of time. Events of Force Majeure shall include (without being limited to) natural disasters, fire, explosions, significant failure of a portion of the power grid, significant failure of the Internet, war, acts of government, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Privacy Policy

Unless otherwise addressed in this Agreement, SmartProfiles are subject to Leiki’s Privacy Policy, that can be found at https://www.leiki.com/privacy and that by reference is made a part of this Agreement. It is important that You read and understand the terms of Leiki Privacy Policy. Leiki may cooperate with and disclose information (including Your Account Information) to any authority, government official or third-party, without giving any notice to You, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to Your use of SmartProfiles.

Governing Law

This Agreement is covered by Finnish law. By using the Services, You agree that the laws of Finland, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and Leiki.