1. General Provisions
1.1. The following Innerly Terms of Service (hereinafter referred to as the Innerly Terms of Service) govern the legal relationship arising from the use of Innerly between users (hereinafter referred to as the User), which are individuals and legal entities that are registered on the Innerly platform (hereinafter Innerly), located at https://innerly.me, and SoftPotential OÜ1 (hereinafter referred to as Service Provider). The service offered to the User by the Service Provider covers the use of Innerly and the data processing necessary for this, as well as additional services in accordance with the User’s possible orders (hereinafter referred to as the Service).
1.2. As part of the provision of the Service, the Service Provider processes the User’s personal data, i.e., any User information entered into Innerly, in the following ways:
1.2.1. in order to provide the Service for the purposes set by the Service Provider and on legal grounds, the Service Provider processes the User’s personal data as an authorized processor;
1.2.2. on behalf of and under the authority of the legal entity (hereinafter Legal Entity) that has granted the User certain rights to use Innerly (hereinafter Role), the Service Provider processes the User’s personal data as an authorized processor for the purposes established by the Legal Entity as the processor in charge, and on legal grounds.
1.3. By registering as a Innerly User:
1.3.1. the User confirms that he has read the Innerly terms of Service, understood them, and agrees to comply with them, and thus a contract is concluded between the User and the Service Provider on the use of the Service on these terms of use of Innerly;
1.3.2. a User who is the legal representative of another User (including a minor) approves the registration of the respective disabled User as a User of Innerly and thereby enters into a Service agreement under the Innerly terms of Service or consents to this for the future. If the User does not want to give the aforementioned approval or consent, then he undertakes to inform the Service Provider before registering with Innerly, at least in a form that can be reproduced in writing;
1.3.3. the User confirms that he has read the Innerly Privacy Policy and the principles of processing client data, fully understands their content, understands how and for what purposes the Service Provider and Legal Entity will process his personal data, and knows what rights he has in connection with the processing of his personal data.
SoftPotential OÜ is registered in the Commercial Register of the Republic of Estonia, under registration code 14565562.
2. Service Provision Terms
2.1. The Service Provider allows Users to use Innerly in accordance with the intended purpose, primarily:
2.1.1. to use the platform in accordance with the possibilities of using Innerly. The game belongs to the serious games category and is a Game-Based Assessment (GBA);
2.1.2. to receive a detailed report on the results of the game in accordance with the possibilities of using Innerly;
2.1.3. to assign Roles to Users, manage a database of Roles assigned Users, receive a detailed report on the results of the game of all Users assigned to Roles, generate and receive a group (team) report on the results of the game of all Users assigned to Roles in accordance with the possibilities of using Innerly.
2.2. The Service Provider has the right to unilaterally change and supplement the content of the Service, including changing or adding the possibilities of using Innerly.
2.3. When providing a Service, the Service Provider adheres to the following standard:
2.3.1. the Service is provided 24 hours a day, 7 days a week, except for the times specified in advance by the Service Provider (hereinafter referred to as “scheduled maintenance”);
2.3.2. the Service Provider is not responsible for the Serviceability of the data transmission between the data transmission Service Provider and the User;
2.3.3. planned maintenance that interferes with the use of Innerly is reported by the Service Provider by publishing relevant information on the website innerly.me website at least 24 hours in advance, indicating the start time and estimated end time of scheduled maintenance;
2.3.4. critical error preventing daily use of Innerly will be fixed within 5 working days at the latest. Non-critical errors are resolved by the Service Provider during scheduled maintenance;
2.3.5. the Service Provider makes reasonable efforts to ensure that the content of the Service is accessible, secure, and technically correct;
2.3.6. reasonable and appropriate technical (including information technology) and organizational measures are applied to the processing of personal data of Users, which exclude unreasonable and/or illegal processing of personal data, including unauthorized access to them, their destruction and modification, and also ensuring the processing of personal data solely for the legitimate purposes of the Service Provider and to the extent necessary for this.
2.4. Notwithstanding the foregoing, the Service Provider is not liable for damages caused to the User as a result of a violation of the obligations set out in paragraph 2.3., unless the liability arises from the mandatory provisions of the applicable legal acts.
2.5. The use of the Service is paid for by the User. The price list for using the Service is published on the https://innerly.me website. The Service Provider has the right to display advertising and marketing messages to the User in Innerly.
2.6. The User is aware and accepts that, despite the measures taken, the exchange of information in electronic form may entail the risk that the User’s data will become known to third parties, the transmitted information will be forged, used in one’s own interests, etc. In any case, the Service Provider does not guarantee the security of the User’s data and is not responsible for it if the data is not protected due to the insecurity of the devices used by the User or if a third party, for any other reason – regardless of the use of the Service and the Service Provider – becomes aware of the User’s personal data related to the Service.
3. Innerly Terms of Service
3.1. The User is only entitled to those Innerly use possibilities that correspond to the Role(s) assigned to him/her by the Legal Entity or, where appropriate, by Innerly. If an entity assigns an incorrect Role to a User, the User agrees to immediately notify the entity and stop using Innerly until the correct Role is assigned. The User undertakes to indemnify the Service Provider for all damages caused by the implementation of procedures in the wrong Role.
3.2. The User undertakes to store on his behalf the data and means necessary to log into the Innerly, in particular the relevant passwords, logins, and authentication devices in such a way that they do not fall into the hands of third parties. For security reasons, it is recommended that you log in to Innerly with advanced authentication using secure channels. In the event that a Innerly, all the provisions arising from the terms of use of Innerly.
3.3. The User undertakes to immediately inform the Service Provider about the transfer of data and means that allow you to log into Innerly and use Innerly on behalf of the User, to a third party or fall into the hands of third parties, as well as the risk of unreasonable use of Innerly that may accompany this.
3.4. When registering as a User of Innerly and while using Innerly, the User undertakes to provide only true data and information, and if data changes, each time they update their data using the appropriate functionality of Innerly as soon as possible.
3.5. If errors are found in the software necessary for the provision of the Service, the User undertakes to notify the Service Provider of this via info@innerly.me e-mail. If errors, inaccuracies, or shortcomings are found in the data or information contained in Innerly, the User undertakes to immediately notify the Service Provider, and if the relevant data and information are entered by a Legal Entity or is associated with a Legal Entity, then also the Legal Entity.
3.6. The User is prohibited from using Innerly to carry out illegal transactions or procedures or other procedures that do not correspond to the intended use of Innerly or that interfere or interfere with the intended use of Innerly by the Service Provider, Legal Entity or other Users, in particular, the User must refrain from overloading the Innerly system.
3.7. The Service Provider has the right to unilaterally and without prior notice, temporarily or permanently, suspend or terminate the User’s right to use Innerly and/or provide the Service if the User does or attempts to do the following:
3.7.1. violate the terms of use of Innerly or other obligations of the User;
3.7.2. damage the data contained in Innerly or the Innerly system;
3.7.3. use Innerly in a way that interferes or interferes with the intended use of Innerly by a Service Provider, Legal Entity, or other Users;
3.7.4. violate enforceable legal acts while using Innerly;
3.7.5. violate accepted norms of communication in the online environment, for example, by sending out spam or a virus, or while using Innerly, acts dishonestly, dishonorably, illegally, or violates societally accepted morality norms;
3.7.6. publish false data to Innerly, or data or other information that he does not have the right to publish;
3.7.7. put an unusual strain on the Innerly system;
3.7.8. otherwise causes damage to the Service Provider, Legal Entity, or other Users.
The Service Provider also has the right referred to in the previous sentence if the Service Provider becomes aware of the fact that the data and means enabling the User to enter and use the Innerly system have fallen into the hands of third parties and Innerly can be used by a person, who is not authorized to do so, or if the Service Provider has reasonable suspicion.
3.8. The expiration or termination of the right to use Innerly by the User himself does not entail the automatic deletion of the User’s personal data within Innerly. Personal data contained in Innerly is stored in accordance with the information published in the Privacy Policy and the principles of processing customer data of Innerly. While the Service Provider has the right to store, in accordance with the relevant legal acts and contracts concluded with legal entities, User personal data relating to the use of Innerly.
3.9. The Service Provider has the right to anonymize User data (personal data is anonymized in such a way that it becomes impossible to identify the data subject). The Service Provider has the right to process anonymized data at its own discretion, including for the purpose of compiling statistics or for research purposes.
4. Responsibility
4.1. The Service Provider is only liable for direct material damage caused to the User as a result of a fundamental culpable breach of his obligation. Notwithstanding the foregoing, the Service Provider is not responsible:
4.1.1. for publishing incorrect or misleading information contained within Innerly or for a continued violation carried out through Innerly and its repercussions, of which he is not aware, has taken measures to rectify information, cease the violation and rectify the consequences, or for which the Legal Entity is responsible for;
4.1.2. for the validity and completeness of data processed under the responsibility of a Legal Entity, if they are transmitted or published by Innerly in the same form as they were entered into Innerly or otherwise made available;
4.1.3. for information, opinions, or any other content published on websites owned by third parties, to which Innerly refers directly or indirectly to or links to which are published in Innerly;
4.1.4. if another User or a third party violates the obligations set out in the terms of use of Innerly, another agreement concluded with the Service Provider or applicable laws;
4.1.5. for damages caused to the User or third parties due to the fact that the Service Provider used its legal remedies (for example, removed information from Innerly or blocked access to it, restricted the User’s rights, or blocked his access to Innerly), if this was necessary as a result of a User complaining about a violation, suspected violation or unreasonable use of Innerly, or directly because the User’s information or behavior is contrary to the Innerly terms of Service or legal acts. In such a case, the Service Provider shall not be liable for the resulting damage even if the complaint or suspicion was unfounded or if it later turns out that this was not a violation;
4.1.6. for resolving disputes that have arisen between Users, as well as between a User and a Legal Entity, in connection with the use of Innerly, however, takes the right to intervene in such disputes at its own discretion, if necessary, and in case of violation of the terms of use of Innerly, apply, in particular, set out in paragraph 3.7;
4.1.7. for the activities of other Users who have access to User data, when processing User data, and is not responsible for ensuring that other Users with access to User data ensure data confidentiality (for entering and processing User data, as well as for granting access rights to them and the right to transfer them, legal entities are responsible; changes to personal data can be made by both Users and their legal representatives).
4.2. If the User causes damage to the Service Provider as a result of a violation of any obligation, the User must compensate the Service Provider for the corresponding damage (in particular indirect damage) in full.
5. Intellectual Property
5.1. All intellectual property rights to Innerly, including its structure, web design elements, texts, and other components, as well as related intellectual property rights (in particular, intellectual property rights to trademarks, logos, brands, software, databases, novelties, messages, texts, graphic, musical and other design) belong to the Service Provider, except in cases when such a component reference is made to the rights of some other person or it refers to information entered by Users or a Legal Entity. Without the prior written consent of the Service Provider, the User may not process data from Innerly and any content or components of Innerly or use them in a way that is outside the intended use of Innerly.
5.2. The User may publish in Innerly only material for which he has rights arising from intellectual property to the extent necessary for the publication of the relevant material in Innerly and for giving the consent specified in clause 5.3. The User is liable in full for material published by him in Innerly and undertakes to reimburse the Service Provider for all the expenses and resulting damages (indirect damage in particular) pertaining to the use of material that has been published in Innerly unwarrantably or with other violation of rights arising from the intellectual property.
5.3. By publishing any material within Innerly, the User thereby provides unconditional and gratuitous consent for storage, distribution, publishing, or any other form of processing of appropriate material by the Service Provider with the aim to make changes to the level required for the intended use of Innerly.
6. Governing Law and Dispute Resolution
6.1. The Innerly terms of Service, as well as the agreement concluded between the Service Provider and the User pertaining to the use of the Innerly Service, are governed by the laws of the Republic of Estonia.
6.2. Any disputes between the Service Provider and the User arising from or relating to the terms of use of Innerly or the agreement between the Service Provider and the User on the use of the Innerly will be resolved through negotiations. A dispute that the Service Provider and the User cannot resolve within a reasonable time through negotiations shall be resolved as a court of the first instance in the Harju County Court of the Republic of Estonia.
7. Modification and Application of Innerly Terms of Service
7.1. The Service Provider has the right to unilaterally change and supplement the Innerly terms of Service or to establish additional terms at any time unilaterally. The Service Provider notifies the User of a change in the terms of use of Innerly on the https://innerly.me website at least one month prior to the changes coming into effect. If the User does not agree to the changes in the Innerly terms of Service, then he undertakes to stop using Innerly.
7.2. The Innerly terms of Service apply from the moment they are posted on the https://innerly.me website with respect to all Users and the processing of their data, including both existing and new Users.