Terms of Service

These Terms of Service cover all GigaSuperHyper products:

Terms of Service

This GSH Terms of Service (“Agreement”) is entered into by and between GigaSuperHyper Oy (“GSH”) and the entity or person placing an order for or accessing the Service (“Customer” or “you”). This Agreement consists of the terms and conditions set forth below and any Orders. If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” reference your company.

The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Service through any online provisioning, registration or order process or (b) the effective date of the first Order. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. GSH may modify this Agreement from time to time as permitted in Section 19 (Modifications to Agreement). Purchase from Reseller: If Customer purchases the Service from an authorized reseller of GSH (“Reseller”), Customer’s use of the Service will be governed by this Agreement, subject to Section 19.14 (Reseller Orders) below. By indicating your acceptance of this Agreement or accessing or using the Service, you are agreeing to be bound by the terms and conditions of this Agreement. Each party expressly agrees that this Agreement is legally binding upon it.


GSH offers unique services that allow Users to create, collaborate and centralize communication through online software. Customer maintains sole control over the types and content of all Customer Content it submits to the Service.

The Service

Permitted Use

During the Subscription Term, Customer may access and use the Service only for its business or personal purposes in accordance with this Agreement.


Only Users may access or use the Service. Each User must keep its login credentials confidential and not share them with anyone else. Customer is responsible for its Users’ compliance with this Agreement and actions taken through their accounts (excluding misuse of accounts caused by GSH’s breach of this Agreement). Customer will promptly notify GSH if it becomes aware of any compromise of its User login credentials. GSH uses User account information as described in its Privacy Policy.


Customer may designate a User as an administrator with control over Customer’s Service account, including management of Users and Customer Content. Customer is fully responsible for its choice of administrators and any actions they take.

Customer Affiliates

Customer’s Affiliates may use the Service as Users of Customer. Alternatively, an Affiliate of Customer may enter its own Order(s) as mutually agreed with GSH, and this creates a separate agreement between the Affiliate and GSH that incorporates this Agreement with the Affiliate treated as “Customer.” Neither Customer nor any Customer Affiliate has any rights under each other’s agreement with GSH, and breach or termination of any such agreement is not breach nor termination under any other.

Registration Using Corporate Email

If you created an account using an email address belonging to your employer or other entity, you represent and warrant that you have authority to create an account on behalf of such entity and further acknowledge that GSH may share your email address with and control of your account may be taken over by such entity (as the “Customer”). Upon such takeover, the administrator controlling the account may be able to (i) access, disclose, restrict or remove information from the account, (ii) restrict or terminate your access to the Service and (iii) prevent you from later disassociating such account from the Customer.

Age Requirement for Users

The Service is not intended for, and may not be used by, anyone under the age of 18. Customer is responsible for ensuring that all Users are at least 18 years old.


Customer will not (and will not permit anyone else to) do any of the following: (a) provide access to, distribute, sell or sublicense the Service to a third party, (b) use the Service on behalf of, or to provide any product or service to, third parties, (c) use the Service to develop a similar or competing product or service, (d) scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to or unauthorized data from the Service, except to the extent expressly permitted by Law (and then only with prior notice to GSH), (e) modify or create derivative works of the Service or copy any element of the Service (other than authorized copies of the Software), (f) remove or obscure any proprietary notices in the Service or otherwise misrepresent the source of ownership of the Service, (g) publish benchmarks or performance information about the Service, (h) interfere with the Service’s operation, circumvent its access restrictions or conduct any security or vulnerability test of the Service, (i) transmit any viruses or other harmful materials to the Service, (j) allow Users to share User seats, (k) engage in any fraudulent, misleading, illegal or unethical activities related to the Service or (l) use the Service to store or transmit material which contains illegal content.

Customer Content

Data Use

Customer grants GSH the non-exclusive, worldwide right to use, copy, store, transmit and display Customer Content and to modify and create derivative works of Customer Content (for reformatting or other technical purposes), but only as necessary to provide the Service, Support and any Technical Services to Customer under this Agreement.


GSH uses reasonable technical and organizational measures designed to protect the Service and Customer Content..

Customer Obligations


Customer is responsible for its Customer Content, including its content and accuracy, and agrees to comply with Laws in using the Service. Customer represents and warrants that it has made all disclosures and has all rights, consents and permissions necessary to use its Customer Content with the Service and grant GSH the rights in Section Data Use, all without violating or infringing Laws, third-party rights (including intellectual property, publicity or privacy rights) or any terms or privacy policies that apply to the Customer Content.

Prohibited Uses

Customer must not use the Service with Prohibited Data or for High Risk Activities. Customer acknowledges that the Service is not intended to meet any legal obligations for these uses, including HIPAA requirements, and that GSH is not a Business Associate as defined under HIPAA. Notwithstanding anything else in this Agreement, GSH has no liability for Prohibited Data or use of the Service for High Risk Activities.

Individual User Account Takeover

The Service may contain functionality allowing Customer to convert accounts previously registered by individuals using email addresses from Customer’s domain into User accounts under Customer’s control. Customer represents and warrants that it has all necessary rights and consents to the extent it converts any existing accounts registered using email addresses from Customer’s domain into accounts under Customer’s control.


Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except for GSH’s use rights in this Agreement, between the parties Customer retains all intellectual property and other rights in Customer Content and Customer Materials provided to GSH. Except for Customer’s use rights in this Agreement, GSH and its licensors retain all intellectual property and other rights in the Service, any Technical Services deliverables and related GSH technology, templates, formats and dashboards, including any modifications or improvements to these items made by GSH. GSH may generate and use Usage Data to operate, improve, analyze and support the Service and for other lawful business purposes. If Customer provides GSH with feedback or suggestions regarding the Service or other GSH offerings, GSH may use the feedback or suggestions without restriction or obligation.

Limitations of Liability

Consequential Damages Waiver

The disclaimer in this Section (Consequential Damages Waiver) will not apply to the extent prohibited by Laws. Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, revenues, goodwill, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance.

Liability Cap

Except for Excluded Claims, each party’s (and its suppliers’) entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to GSH during the prior 12 months under this Agreement.


Indemnification by GSH

GSH will defend Customer from and against any third-party claim to the extent alleging that the Service, when used by Customer as authorized in this Agreement, infringes a third party’s patent, copyright, trademark or trade secret, and will indemnify and hold harmless Customer against any damages or costs awarded against Customer (including reasonable attorneys’ fees) or agreed in settlement by GSH resulting from the claim.

Indemnification by Customer

Customer will defend GSH from and against any third-party claim to the extent resulting from Customer Content, Customer Materials or Customer’s breach or alleged breach of Section “Customer Obligations”, and will indemnify and hold harmless GSH against any damages or costs awarded against GSH (including reasonable attorneys’ fees) or agreed in settlement by Customer resulting from the claim.


The indemnifying party’s obligations in this Section are subject to receiving (a) prompt notice of the claim, (b) the exclusive right to control and direct the investigation, defense and settlement of the claim and (c) all reasonably necessary cooperation of the indemnified party, at the indemnifying party’s expense for reasonable out-of-pocket costs. The indemnifying party may not settle any claim without the indemnified party’s prior consent if settlement would require the indemnified party to admit fault or take or refrain from taking any action (other than relating to use of the Service, when GSH is the indemnifying party). The indemnified party may participate in a claim with its own counsel at its own expense.

Mitigation and Exceptions

In response to an actual or potential infringement claim, if required by settlement or injunction or as GSH determines necessary to avoid material liability, GSH may at its option: (a) procure rights for Customer’s continued use of the Service, (b) replace or modify the allegedly infringing portion of the Service to avoid infringement without reducing the Service’s overall functionality or (c) terminate the affected Order and refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term. GSH’s obligations in this Section do not apply (1) to the extent infringement results from Customer’s modification of the Service or use of the Service in combination with items not specified in the documentation or provided by GSH (including Third-Party Platforms), (2) to infringement resulting from Software other than the most recent release provided by GSH, (3) to unauthorized use of the Service, (4) if Customer settles or makes any admissions about a claim without GSH’s prior consent, (5) if Customer continues to use the Service (or any element thereof) after being notified of allegedly infringing activity or informed of modifications that would have avoided the alleged infringement or (6) to Trials and Betas or other free or evaluation use. This Section sets out Customer’s exclusive remedy and GSH’s entire liability regarding infringement of third-party intellectual property rights.

Trials and Betas

If Customer receives access to the Service or Service features on a free or trial basis or as an alpha, beta or early access offering (“Trials and Betas”), use is permitted only for Customer’s internal evaluation during the period designated by GSH (or if not designated, 30 days). Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete or include features that GSH may never release, and their features and performance information are GSH’s Confidential Information. Notwithstanding anything else in this Agreement, GSH provides Trials and Betas “AS IS” with no warranty, indemnity or support and its liability for Trials and Betas will not exceed US$50.


Neither party may publicly announce this Agreement except with the other party’s prior consent or as required by Laws. However, GSH may include Customer and its trademarks in GSH’s customer lists and promotional materials but will cease this use at Customer’s written request.

Modifications to Agreement

GSH may modify this Agreement (which may include changes to Service pricing and plans) from time to time by giving notice to Customer by email or through the Service. Modifications become effective immediately.

General Terms


Neither party may assign this Agreement without the prior consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all its assets or voting securities. Any non-permitted assignment is void. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

Governing Law, Jurisdiction and Venue

This Agreement is governed by the laws of the Finland without regard to conflicts of laws provisions and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts located in Turku, Finland and both parties submit to the personal jurisdiction of those courts.

Attorneys’ Fees and Costs

The prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys’ fees and costs in connection with such action.


Except as set out in this Agreement, any notice or consent under this Agreement must be in writing and will be deemed given: (a) upon receipt if by personal delivery, (b) upon receipt if by certified or registered U.S. mail (return receipt requested) or (c) one day after dispatch if by a commercial overnight delivery service. If to GSH, notice must be provided to Saarnitie 7, 20700 Turku, Finland. All notices to GSH must include a copy emailed to legal@gigasuperhyper.com. If to Customer, GSH may provide notice to the address Customer provided at registration. Either party may update its address with notice to the other party. GSH may also send operational notices to Customer by email or through the Service.

Entire Agreement

This Agreement is the parties’ entire agreement regarding its subject matter and supersedes any prior or contemporaneous agreements regarding its subject matter. In this Agreement, headings are for convenience only and “including” and similar terms are to be construed without limitation. This Agreement may be executed in counterparts (including electronic copies and PDFs), each of which is deemed an original and which together form one and the same agreement.


Except as otherwise provided herein, any amendments, modifications or supplements to this Agreement must be in writing and signed by each party’s authorized representatives or, as appropriate, agreed through electronic means provided by GSH. Nonetheless, with notice to Customer, GSH may modify the Policies to reflect new features or changing practices, but the modifications will not materially decrease GSH’s overall obligations during a Subscription Term. The terms in any past, contemporaneous or future Customer purchase order, business form or vendor management portal will not amend or modify this Agreement and are expressly rejected by GSH; any of these documents are for administrative purposes only and have no legal effect.

Waivers and Severability

Waivers must be signed by the waiving party’s authorized representative and cannot be implied from conduct. If any provision of this Agreement is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect.

Force Majeure

Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, Internet or utility failures, refusal of government license or natural disaster.


GSH may use subcontractors and permit them to exercise GSH’s rights, but GSH remains responsible for their compliance with this Agreement and for its overall performance under this Agreement.

Independent Contractors

The parties are independent contractors, not agents, partners or joint venturers.


Customer agrees to comply with all relevant U.S. and foreign export and import Laws in using the Service. Customer (a) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, (b) agrees not to access or use the Service in violation of any U.S. export embargo, prohibition or restriction and (c) will not submit to the Service any information controlled under the U.S. International Traffic in Arms Regulations.

Open Source

The Software may incorporate third-party open source software (“OSS”). To the extent required by the OSS license, that license will apply to the OSS on a stand-alone basis instead of this Agreement.