Terms and Conditions for the Fidelix Cloud Services and Software Products
Updated: 12.5.2026
Terms and Conditions for the Fidelix Cloud Services and Software Products
1 Applicability
1.1 Unless otherwise agreed in writing, these terms and conditions apply to the Cloud Services and Software Products provided by Fidelix Holding Oy (Business ID: 2643583-8, a limited liability company incorporated under the laws of Finland) and its subsidiaries, affiliates and/or companies belonging to the same group (collectively “Fidelix Group” and each individually “Company”).
1.2 By downloading and installing or otherwise using the Service, Product or API you are binding yourself and the business entity you represent (hereinafter collectively “You” or “User”) to the terms and conditions of these Terms and Conditions for the Fidelix Cloud Services and Software Products (“GTCs”). If You do not agree to the terms and conditions of these GTCs, do not download, install, copy or otherwise use the Service or Product and destroy or delete all downloads and copies and accompanying documentation thereof. YOU AGREE THAT YOU HAVE READ THESE GTCS AND UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS.
2 Definitions
2.1 The “Cloud Service” or “Service” are services provided over the network, where data processing, storage, analytics and service functionality take place in a cloud environment managed by the Company or its affiliates including any related online, printed or electronic documentation, and any modifications, additions, updates or upgrades to the cloud service that do not materially change its overall utility, functional capability or intended use. The User uses the service via a browser or API interface without local installations. The User accepts the applicable User Terms before using the Cloud Service.
2.2 The “Software Product” or “Product” are software delivered to the User, which is installed and used in the User’s own systems or devices (e.g. electronics products with embedded software, servers or workstations) in object code form, or any part thereof, and any and all printed, online and/or electronic documentation related thereto, modifications, additions, updates and upgrades that do not change the overall utility, functional capability or application of the software. The User is primarily responsible for the use of the software and the environment. The User accepts the applicable User Terms before using the Software Product.
2.3 The ”API” is Fidelix Application Programming Interface which is a set of protocols, tools, and definitions that allows the Software or Services to communicate and interact with other software applications. The User accepts the applicable User Terms before using the API.
2.4 The sale of physical products, not including the software or the data processing part of the products, are subject to Terms and Conditions of Sale for Fidelix Products, which are available on the Fidelix website. If the Cloud Service, Software Product or API you have ordered also includes physical products you acknowledge and agree that these terms apply only to the Cloud Service, Software and/or API part of the order and you confirm that you have read the Terms and Conditions of Sale for Fidelix Products.
2.5 Fidelix Group has the right to decide which terms of sale and terms of use apply on a case-by-case basis.
3 Priority of Documents
3.1 The documents of the agreement are in principle complementary to each other. In the event of any conflict between the documents of the agreement, the order of precedence is as follows:
- Company specific terms & conditions available on the Company’s website, provided with the order confirmation or separate written agreement related to the Services, Software Product or API (if applicable)
- Terms and Conditions for the Fidelix Cloud and Software Services (“GTCs”)
- Applicable User Terms
- IT2022 YSE (Finnish General Terms for the Sale and Right to Use Information Technology Products and Services)
4 Fees & Payment
4.1 The fees and invoice schedule for the Services, Products and API shall be determined as agreed in the Agreement. Alternatively, fees and invoice terms shall be in accordance with 1) the Company’s price list and invoice terms in effect 1) at the time of order for one-time purchases or 2) at the time of invoicing for recurring services. The Company reserves the right to update its price list and invoice terms related to new one-time orders and for current recurring services at any time.
4.2 Unless otherwise agreed in the Agreement, payments must be made within fourteen (14) days from the date of the Company’s invoice. If the User fails to make payment within the due date, the Company may, at its discretion, consider these GTCs and Agreement breached, demand all unpaid amounts to be paid, charge late interest on overdue payments, suspend the User’s access to the Services, Products or API, and/or terminate any Agreements with the User. Unless otherwise agreed, the late interest rate will be in accordance with the applicable Interest Act (Finland).
5 Import Duties, Customs & Taxes
5.1 All prices are exclusive of taxes unless otherwise agreed in writing. The User is responsible for all applicable taxes, duties, levies, and governmental charges (including VAT, GST, and sales tax) related to the purchase and use of the Services or Software Products, except for taxes based on the Company’s net income. If the Company is legally required to collect such taxes, they will be invoiced to the User.
6 Disclaimer of Warranties
6.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE SERVICES, PRODUCTS AND API ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SUPPLIER AND ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER COMPANY NOR ITS LICENSORS WARRANT THAT THE SERVICE, PRODUCT OR API WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE, PRODUCT OR API WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL OF RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICE, PRODUCT OR API TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
7 Limitation of Liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND ITS LICENSORS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA (WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. IF COMPANY’S OR ITS LICENSORS’ LIABILITY MAY NOT BE EXCLUDED, IN SUCH CASES COMPANY’S OR ITS LICENSORS’ ENTIRE LIABILITY SHALL BE LIMITED TO EUR 50.
8 Intellectual Property Rights
8.1 i) The Product and all rights, title and interest, including without limitation intellectual property rights therein, ii) the Service and all rights, title, interest and data relating to providing the Service, including without limitation intellectual property rights therein and; iii) the API and all rights, title and interest, including without limitation intellectual property rights therein are owned by Company and/or its licensors.
8.2 The structure, organization, algorithms and code of the Product, Service or API are valuable trade secrets and confidential information of the Company and/or its licensors.
9 Force Majeure
9.1 The Company shall not be liable for any failure or delay in performing its obligations under these GTCs where such failure or delay results from any cause beyond the reasonable control of that Party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, power outages, telecommunications failures, cyberattacks, or failures of third-party service providers.
10 Indemnification
10.1 User shall indemnify, defend and hold harmless Company and its affiliates, officers, directors, employees, agents and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) User’s use of the Service, Product or API in violation of these GTCs; (ii) User’s violation of any applicable law or regulation; (iii) any third-party claims arising from User’s use of the Service, Product or API; (iv) any data or content submitted by User through the Service, Product or API; or (v) User’s breach of any representation or warranty set forth in these GTCs.
11 Term & Termination
11.1 These GTCs become effective by installing, registering or using the Product, Service or API and remain valid as long as you have the Product, Service or API in use or the Agreement related to these products with the Company is valid.
11.2 The Company may terminate in whole or partly these GTCs and the related Agreements immediately should the Product, Service or API become, or in Company’s opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright. The Company may also terminate agreement for convenience in whole or partly this agreement with a notice period of one month. In the event of termination by the Company, any prepaid fees for Services, Products or API not yet rendered shall be refunded to the User on a pro rata basis.
11.3 You may terminate these GTCs at any time by terminating all your Agreements relating to Products, Services or API with with Fidelix Group Companies and by permanently destroying the Product and/or deleting the Service or API, including all back-up copies and related documentation provided by Fidelix Group Companies. Termination of invoices for recurring services requires notification to the Company in accordance with instructions provided on the Company’s website and/or with the order or agreement. Such termination shall become effective at the end of the current invoice term, and You shall remain liable for all fees accrued through the end of such invoice term unless otherwise agreed in writing.
11.4 Your rights granted under these GTCs and related Agreements terminate automatically without further notice from Company if You fail to comply with any terms or conditions of these GTCs.
11.5 In the event of termination, You must immediately cease all use of the Product, Service and API and destroy at Your own cost the Product and/or delete the Service and API, including all copies, back-ups, related documentation and any materials derived therefrom provided by Company. Upon Company’s request, User shall provide written certification of such destruction or deletion within fourteen (14) days of termination. The provisions of these GTCs relating to intellectual property rights, confidentiality, limitation of liability, indemnification and any other provisions which by their nature should survive termination shall survive any termination or expiration of these GTCs.
12 Data Protection, Data Processing & Cyber Security
12.1The User retains ownership of all data generated by or through the User’s use of the Services, Products or API (“User Data”).
12.2 For Software Products all User Data generated by the Products shall be collected, stored and processed exclusively in the User’s own systems or third-party cloud services selected by the User unless otherwise agreed in the Agreement. User acts as the controller and processor of User Data and is responsible for sharing User Data at the request of its own customers in accordance with Regulation (EU) 2023/2854 (the “Data Act”, if applicable) and compliance with applicable data protection and cyber-security laws. In accordance with the “Data Act”, the Company shall make raw User Data generated by Products available to the User in a commonly used, machine-readable format.
12.3 With respect to User Data processed through the Cloud Services, the User acts as the data controller and the Company acts as the data processor. In accordance with the “Data Act”, the Company shall make raw User Data available to the User in a commonly used, machine-readable format. Notwithstanding the foregoing, the following services and functionalities are subject to separate fees unless otherwise agreed in the Agreement or the Company’s applicable price list: (i) data storage and data management services; (ii) reporting tools and data visualization; (iii) machine learning models and analytics; (iv) API access; (v) data export, transformation and enrichment services beyond raw data access; and (vi) any other value-added services. This list is non-exhaustive, and the Company reserves the right to charge fees for any services that fall outside the scope of the Data Act’s mandatory data access provisions. The Company’s provision of raw data access shall not include any obligation to provide such value-added services without compensation.
12.4 The Company may process personal data in connection with the provision of the Services, Products and API. The legal basis for such processing is (i) the performance of the contract between the and the User, and (ii) the legitimate interests of the Company, including the development, improvement and optimization of the Services, Products and API. The Company’s privacy policy, available on Fidelix’s website, describes in detail the categories of personal data processed, the purposes of processing, data retention periods, and the rights of data subjects.
12.5 The Company may also collect and use technical data, usage data, metadata and aggregated or anonymized data derived from the User’s use of the Services, Products and API for the purposes of (i) developing, improving and optimizing the Services, Products and API; (ii) creating new features and functionalities; (iii) conducting analytics and research; and (iv) benchmarking and statistical analysis. To the extent such data constitutes personal data, the legal basis for such processing is the legitimate interest of the Company. The User has the right to object to such processing on grounds relating to the User’s particular situation. Such data shall not include User Data that directly identifies the User or data subjects, unless such data has been anonymized or aggregated in a manner that prevents identification.
12.6 Fidelix Group has implemented and maintains appropriate protective measures to manage information and cybersecurity risks related to the Products and Services in accordance with applicable laws. The User agrees to comply with and inform its customer or reseller about any reasonable information security and cybersecurity guidelines, policies, or instructions provided by Fidelix Group, provided such guidelines are consistent with prevailing industry standards, such as ISO/IEC 27001, Cyber Resilience Act (EU 2024/2847), NIS2 directive (EU 2022/2555) or equivalent recognized frameworks. In any case, the User is responsible for ensuring that appropriate protective measures, such as use of secure network infrastructure, access controls, encryption and incident response protocols, are taken when installing, commissioning and using Products or Services.
13 Trade Sanctions
13.1 The User shall comply with all applicable international trade sanctions, export controls, and embargoes imposed by relevant authorities, including but not limited to those enacted by the United Nations, the European Union, the United States Office of Foreign Assets Control (OFAC), and any other applicable governmental or regulatory body (collectively, “Sanctions Laws”). The User represents and warrants that neither the User nor any of its affiliates, directors, officers, employees, or agents is subject to or targeted by any Sanctions Laws, and that the User will not use the Services or Software Products, or permit any third party to use the Services or Software Products, in any manner that would violate applicable Sanctions Laws. The Company reserves the right to immediately suspend or terminate the User’s access to the Services, Software Products or API, without liability, if the Company reasonably believes that the User’s use violates or may violate any applicable Sanctions Laws. The User shall indemnify and hold harmless the Company from any claims, losses, or expenses arising from the User’s breach of this provision or violation of applicable Sanctions Laws.
14 Governing Law & Jurisdiction
14.1 These GTCs will be governed by the laws of Finland. The United Nations Convention for the International Sale of Goods shall not apply.
14.2 Any dispute, controversy or claim arising out of or relating to these GTCs, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Arbitration of the Finland Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language. The verdict shall be final and binding on the parties.
15 Miscellaneous
15.1 Fidelix Group reserves the right to update its terms and conditions. Updated versions of the terms are available on Fidelix’s website.
15.2 User or Company may not transfer any of its rights or obligations under these GTCs without the prior written consent of the other party. However, the Company may transfer its rights and obligations without the User’s consent if the Company or the Company’s assets are sold or merged. The Company may also assign its receivables to a financial company.
15.3 If any clause in these GTCs is deemed invalid or unenforceable, it will not affect the validity of the other clauses. If Company does not exercise any of its rights under these GTCs or waives its right to invoke any right under these GTCs in any case, it does not limit Company’s right to later invoke its right in similar cases.
16 Contact Details & Feedback
16.1 If You have any questions about or notices relating to these GTCs or if you want to contact the Company for any reason, please direct all correspondence to: support@fidelix.com.
16.2 You may from time to time provide suggestions, comments or feedback (“Feedback”) with respect to the Service. All Feedback is voluntary and, even if marked as confidential (unless subject to a separate written agreement), will not create a confidentiality obligation for the Supplier. The Supplier will be free to use, disclose, reproduce, license or otherwise distribute such Feedback, without obligation or restriction of any kind with relation to a Your Intellectual Property Rights or otherwise. Please direct all correspondence to: support@fidelix.com.