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"EuDDN" Platform Terms of Use

  1. Definitions
    1. "Platform" - the English language video management environment provided by AS Postimees Grupp to the Client, which enables the upload, recording and storage of videos, including video metadata, the assignment of permissions, and the publication of videos and related content on third-party environments and platforms that allow automated content publishing via API.
    2. "Provider" – AS Postimees Grupp, registry code 10184643, address: Tartu mnt 80, Tallinn 10112, Estonia, tel. +372 666 2350, e-mail: legal@postimeesgrupp.ee.
    3. "Client" – a business customer who is a contractual user of the Platform.
    4. "Admin Users" – users designated by the Client who have full functional access to the Platform as provided in the environment, including configuring the access rights of the Client's users when using the Platform.
    5. "Users" – Platform users who use the Platform within the scope of the access level (permissions) assigned by the Primary User.
    6. "Content" – video content created by the Client for commercial or professional purposes, related to the Client's company, brand, organisation, or other economic activity.
    7. "Personal Data" – information enabling the identification of a natural person within the meaning of the General Data Protection Regulation (EU) 2016/679 and the Estonian Personal Data Protection Act.
    8. "Privacy Policy" – the detailed procedure for the processing of personal data as set out in the Portal's privacy policy.

    The terms used in these Terms may be applied in both the singular and the plural form without altering their meaning. The terms "Admin Users" and "Users" may also be used jointly under the definition "Users", unless the context requires otherwise.

    The term "Client" shall also be understood to include the Client's Users, unless the context requires otherwise.

  2. General Provisions
    1. These Terms of Use of the Platform apply between AS Postimees Grupp (the Provider) and the business customer who is the contractual user of the Platform (the Client). The Terms govern the legal relationship arising between the Client and the Provider in connection with the use of the Platform.
    2. The Provider has the right to unilaterally amend and supplement the Terms by publishing the new version at the internet address sm1.euddn.net. The Provider shall notify the Client of amendments to the Terms on the Platform's website or by another method chosen by the Provider (for example, by e-mail) at least fourteen (14) calendar days prior to the entry into force of the amendments, unless otherwise required by applicable law.
    3. The Provider has the right at any time to unilaterally change the range, content, parameters, limitations, procedures, menu structures, usage logic, conditions, instructions, and other aspects of the services provided through the Platform. The amendments shall be deemed communicated to the Client as of the moment the relevant change is implemented in the Platform.
    4. If the Client does not agree with the amendments, the Client has the right to terminate the agreement between the Parties by notifying the Provider in writing or in another manner accepted by the Provider within seven (7) calendar days, and by fulfilling all obligations arising from the agreement.
    5. The Provider has the right to discontinue providing access to the Platform and to close the Platform in full by giving the Client fourteen (14) calendar days' prior notice.
  3. Terms of Use of the Platform
    1. The Platform functions solely as a technical and automated intermediary for the uploaded Content, which stores and transmits Content created by the Client and enables the Client to:
      1. manage access rights to the Content;
      2. apply geographical access restrictions (geo-blocking);
      3. limit the availability of the Content by time;
      4. transmit Content to third-party environments, including social media platforms, via an API interface;
      5. embed Content via iframe on third-party websites or environments.
    2. To use the Platform, the Provider grants the Client access to the Platform, and the Client must create a username and password. The access rights of the Client's Users are assigned by the Admin User.
    3. The Client shall ensure that the Users comply with the requirements set out in these Terms of Use.
    4. The Client undertakes to ensure that Users keep their account credentials (including passwords) confidential.
    5. Sharing or selling account credentials to third parties is not permitted. If the Client or the Users grant third parties access to the Platform, the Client remains liable to the Provider for all actions taken by such third parties in connection with their use of the Platform.
    6. The Client acknowledges and agrees that all actions and transactions performed using the accounts granted to the Client and its Users shall be deemed to have been performed by the Client, and the Client is fully responsible for all such actions and transactions.
    7. The service can be integrated only with environments and platforms that allow automated Content publishing (e.g. Business, Creator or other API-enabled accounts). Personal accounts or accounts without API support are not supported.
    8. The Provider does not guarantee that all of the Client's Content posts will succeed 100% of the time, as posting may be affected by API changes, Platform errors, outages, decisions of environments or platforms, or changes in their rules.
    9. The use of automated tools (scripts, bots, etc.) for the systematisation or mass export of Platform data is prohibited. It is also prohibited to interfere with or endanger the functioning of the Platform through the use, distribution or creation of computer viruses, programs or other software (including spyware or malware), or to carry out any activities or attacks that may result in the alteration, deletion or corruption of the Platform or third-party users' content or data, or that create such a risk.
    10. If the Client breaches the Terms of Use or acts in a prohibited manner, the Provider has the right to restrict or terminate the Client's access to the Platform and to claim compensation for any damage caused by the breach.
  4. Requirements for Uploaded Content
    1. Only Content created for commercial or professional purposes and related to a business, brand, organisation, or other economic activity may be managed and published through the Platform.
    2. The Content uploaded and published must comply with applicable laws and must not be inaccurate, misleading, offensive or defamatory, nor may it infringe the rights of third parties (e.g., copyright, trademark rights, or personal data protection rights).
    3. The Platform is not intended for the management, storage, or publication of personal, private, or non-professional videos.
    4. The Client is fully responsible for the legality of any Content created on the Platform, uploaded to the Platform, or made available to third parties through a User account. The Client represents and warrants that it holds all necessary rights and authorisations to upload and publish the Content via the Platform, and that the Content it publishes complies with the terms and policies of any third-party environment or platform.
    5. The Provider does not monitor the Content and does not conduct any pre- or post-moderation thereof. The Platform is not responsible for the legality, accuracy, quality, or consequences of publishing the Content, nor for the accidental, erroneous or unauthorised upload or publication of personal or private videos.
    6. If the Provider becomes actually aware that Content stored on the Platform or made available through it is unlawful, the Provider has the right to remove such Content or restrict access to it without delay by applying an appropriate measure in accordance with applicable law.
  5. Authorisation Granted by the Client
    1. By using the Platform, the Client grants the Platform a limited, non-exclusive and revocable right to act on the Client's behalf within the third-party environments or platforms selected by the Client, to the extent necessary for uploading and publishing the Content.
    2. The Client's authorisation additionally includes:
      1. Acting in third-party environments and platforms on behalf of the Client to a limited extent and in accordance with their API terms (e.g., uploading Content, retrieving statistics);
      2. The Client may revoke access at any time (e.g., by removing the connection in their profile or through the Platform settings);
      3. The Client grants the Platform a separate authorisation for each social media account to be connected.
  6. Data Retention
    1. The Platform performs regular backups of the Client's Content if this has been agreed in the agreement between the Client and the Provider. Backed-up data is retained until the termination of the agreement. Restoring data from backups is free of charge for the Client, except where the data loss was caused by the Client. The restoration fee shall be specified in the agreement.
    2. The Platform may not alter, disclose, or otherwise use the backups in any manner that is not directly related to the provision of the service.
    3. Upon termination of the agreement for the use of the Platform between the Provider and the Client, all Content, accounts, and data of the Client and its Users stored on the Platform shall be deleted within thirty (30) calendar days from the date of termination.
  7. Intellectual Property
    1. The Platform and its contents (including trademarks, logos, software, design, texts, graphics, and databases) and all copyrights and other intellectual property rights related thereto belong to the Provider.
    2. Without the prior written consent of the Provider, it is prohibited to copy, reproduce, distribute, modify, process, systematically collect (including data scraping, crawling, or similar activities), or otherwise use the Platform's content in any manner that is contrary to these Terms of Use.
  8. Processing of Personal Data and Cookies
    1. The Provider processes the Users' personal data in accordance with the EU General Data Protection Regulation (GDPR), the Personal Data Protection Act, and other applicable legislation.
    2. The detailed procedure for the processing of personal data (including the personal data collected, purposes of processing, rights and contact details) is set out in a separate Privacy Policy, which forms an integral part of the Platform. By using the Platform, the User confirms that they have reviewed the Privacy Policy.
    3. The Platform may use technical session cookies that are necessary for the functioning of the Platform.
  9. Platform Availability and Maintenance
    1. The Provider monitors the functioning of the Platform 24 hours a day, seven days a week, and performs, where necessary, actions required to ensure or restore access to the Platform, including the services provided through it.
    2. The Provider ensures a cumulative monthly availability of the Platform of 99.5%.
    3. In the event of a failure or disruption that prevents the use of the core functionalities of the Platform (for example, a software error), the Provider shall remedy the failure or disruption within three (3) business days from the date the Provider becomes aware of it, unless otherwise agreed with the Client.
    4. In the event of a failure or disruption affecting additional functionalities of the Platform that does not hinder the functioning of the core functionalities, or if the malfunction is caused by the Client's actions, the Provider shall remedy the failure or disruption within a reasonable time after becoming aware of it. A reasonable time shall be deemed to be no later than five (5) business days.
    5. The Provider has the right to perform Platform maintenance as necessary, and such maintenance shall be carried out in a manner that causes the least possible disruption to the Client.
    6. During maintenance, interruptions or disturbances in the functioning of the Platform may occur, and such interruptions shall not be deemed failures.
    7. For maintenance activities that significantly affect the Platform environment, the Provider shall notify the Client at least seven (7) calendar days in advance.
  10. Governing Law and Dispute Resolution
    1. These Terms and the legal relationships arising from the use of the Platform shall be governed by the laws of the Republic of Estonia.
    2. The Provider and the Client shall seek to resolve any disputes through negotiations. If no agreement is reached, the dispute shall be resolved in Harju County Court.
  11. Contact Details and Complaints
    1. For any questions or complaints relating to these Terms, the Privacy Policy, or the use of the Platform, please contact:

      AS Postimees Grupp
      Registry code: 10184643
      Address: Tartu mnt 80, Tallinn
      Email: cdn@postimeesgrupp.ee
      Telephone: +372 666 2363
      Website: www.postimees.ee