Effective starting: 20 October 2026
These Terms of Use for XMLdation Service (these “Terms”) form part of the Agreement between Customer and the Service Provider and govern Customer's access to and use of the XMLdation Service provided by the Service Provider.
If you (the person accepting these Terms) are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms, and (ii) you accept these Terms on behalf of your employer or such entity.
Definitions
In these Terms, the following definitions apply. Capitalised terms not defined herein have the meanings given to them in the Agreement.
“Agreement” means (a) the master services agreement or other written agreement between Customer and the Service Provider governing the provision of the XMLdation Service, to which these Terms are attached, referenced, or incorporated by reference; or (b) where no such separate agreement has been entered into between Customer and the Service Provider, these Terms as accepted by Customer, including where the XMLdation Service is acquired through a third-party marketplace (such as Google Cloud Marketplace) or downloaded via the Service Provider's Trust Centre.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means the ownership of more than fifty percent (50%) of the voting securities or equivalent ownership interest of such entity.
“Customer” means the entity on behalf of which these Terms are accepted or, if that does not apply, the individual accepting these Terms.
“Customer Data” means data, content or materials provided to XMLdation Service by or at the direction of Customer or its Users via the XMLdation Service.
“Documentation” means any user guides, help content, technical documentation and other instructional materials made available by the Service Provider in connection with the XMLdation Service.
“Service Provider” means the XMLdation Oy entity that provides the XMLdation Service.
“User” means any individual that Customer authorizes to use the XMLdation Service. Users may include: (i) Customer’s and its Affiliates’ employees, consultants, contractors and agents, (ii) third parties with which Customer or its Affiliates transact business, (iii) individuals invited by Customer’s Users, (iv) individuals under managed accounts, or (v) individuals interacting with the XMLdation Service as Customer’s customer.
“XMLdation Service” means the cloud-based validation and testing service, including any updates and modifications thereto, made available by the Service Provider to Customer under these Terms.
1. Access and delivery of XMLdation Service
The Customer shall obtain and maintain, and shall ensure that its authorized Users obtain and maintain, all hardware, software, internet connectivity, and other systems necessary to access and use the XMLdation Service.
Subject to compliance with these Terms and any applicable laws in force in the jurisdiction where the applicable XMLdation Service is used, the Service Provider hereby grants to Customer solely for the term of the Agreement, a limited access and right to use the XMLdation Service. The scope of Customer's right to use the XMLdation Service, including any applicable usage limits, is as set out in the Agreement.
The XMLdation Service is offered to Customer over the internet and the user name and password for any XMLdation Service may be delivered to Users via email address Customer or User provided to the Service Provider when requesting the user rights.
2. Use of the XMLdation Service
The copyrights, trademarks, patents and other intellectual property rights in and to the XMLdation Service and any Service Provider’s content are and shall remain the property of the Service Provider or its licensors. Customer Data shall remain the property of Customer.
Any XMLdation Service is intended to be used by authorized Users. Customer and its Users have the right to use any XMLdation Service only for the limited purpose set forth in these Terms and according to the applicable user rights. Customer and its Users may not without the Service Provider’s consent copy, save, transfer, distribute or otherwise make available to the public any part of the XMLdation Service except as maybe expressly stated below.
Within the limits of the granted license Users have the right to browse and use the XMLdation Service and any material contained in it and download the content onto User equipment with User valid user rights and during the term of and for the purpose agreed in these Terms.
Users agree not to save, download or any other ways use or insert into the XMLdation Service material, which a) is in breach of any laws, regulations, or other provisions, b) violates good manners, privacy, publicity or any other rights of others, c) would be obscene, indecent, discriminatory, abusive or defamatory, or d) infringes intellectual property rights of any third parties.
Users may not use inappropriate language or offensive expressions while using the XMLdation Service. Users shall also use the XMLdation Service in a manner that does not cause harm to the Service Provider, other users or third parties. If the Service Provider receives a notice claiming that Users have submitted afore described material, the Service Provider is entitled to remove such material and/or prevent User’s use of the XMLdation Service without notice.
XMLdation Service may include access to AI offerings. XMLdation provides AI offerings under the AI Terms
Customer is responsible for its Users’ compliance with these Terms and all activities of its Users, including how Users access and use Customer Data.
3. User login credentials
Customer shall use reasonable efforts to ensure that its authorized Users keep their login credentials confidential and secure. Customer must promptly notify Service Provider if it becomes aware of any unauthorized access to any User login credentials or other unauthorized access to or use of the Service. Customer is responsible for any actions taken by using User login credentials until Customer has informed the Service Provider and the Service Provider has had a reasonable time to prevent the use of the XMLdation Service with User login credentials.
The Service Provider shall have the right to suspend a User login, if there are sufficient misuse and security related concerns.
The Service Provider reserves the right to suspend or terminate Customer access to the XMLdation Service without prior notice if Customer violates these Terms. The Service Provider is entitled to prevent access to the XMLdation Service if it has reason to believe that Customer is engaged in illegal activity or compromise other users' or the Service Provider's data security or privacy or if the Service Provider receives a notice that User login credentials have gotten into the hands of a third party.
4. Customer support
Customer may contact Service Provider customer support via the contact details assigned to Customer separately or via the Support tab in the XMLdation Service.
5. Personal data and privacy
XMLdation acts as processor solely to the extent required to provide the Service and processes personal data in the form of user names, email addresses and correlated IP addresses only.
The Customer acknowledges that the Services are not intended for the submission, processing, or storage of any personal data beyond the categories described in the Data Processing Addendum for XMLdation Service. The Customer is solely responsible for ensuring that no other personal data is submitted to the Service.
To the extent that XMLdation processes Personal Data on behalf of the Customer, the XMLdation Data Processing Addendum, or any other Data Processing Agreement executed by both parties, shall apply.
In addition, in order to use the XMLdation Service, the User must permit the Service Provider to store and retrieve information on the User's end device through the use of cookies and similar technologies. These are used to enable essential functionality, including user authentication, session management, and secure login/logout procedures, ensuring that only authorized users can access the XMLdation Service. They are also used to support user experience and convenience features, such as remembering the User's language and other service preferences across sessions. These cookies do not permit unauthorized access to the XMLdation Service and are used solely to provide, secure, and improve the operation of the Service.
Customer shall ensure that authorized Users receive any required privacy notices.
6. Changes to the XMLdation Service and to these Terms
The Service Provider reserves the right to make any changes and modifications to the design, operational method, technical specifications, systems, and other functions of the XMLdation Service, at any time without prior notice to Customer provided that the overall performance of any XMLdation Service is not materially decreased. The Service Provider may also amend these Terms from time to time and shall make those modified Terms available on the XMLdation Service. However, in case the Service Provider makes any material changes or modifications to any XMLdation Service or to these Terms, which might have an effect to Customer use of the XMLdation Service such changes or modifications shall be notified to Customer in advance on the XMLdation Service.
The Service Provider shall notify Customer of any material changes at least 30 days in advance. If Customer does not accept the modified terms, Customer may terminate these Terms by written notice prior to the effective date of the change.
7. Interrupting the use of the XMLdation Service
The Service Provider has the right without any prior notice to interrupt or prevent Customer access or use of the XMLdation Service in case Customer misuses or is expected to misuse the XMLdation Service or violate good practice or any applicable law or otherwise act against these Terms.
The Service Provider has also the right without any prior notice to temporarily suspend or discontinue the provisioning of any XMLdation Service, if this is required by any laws, orders, regulations, statements of the authorities or other material reasons. The Service Provider might also temporarily suspend the provisioning of the XMLdation Service, if this is necessary for the XMLdation Service, technical modifications, general installation, modifications or maintenance work of the technical environment. The Service Provider aims to ensure that the suspension continues only for a necessary time and that any effects to You resulting from it remain to a minimum.
The Service Provider may schedule maintenance windows from time to time. Where practicable, the Service Provider shall notify Customer of planned maintenance in advance via the XMLdation Service or by email.
8. Liability
The Service Provider is responsible for the production environment of the XMLdation Service and shall have no liability for any usability and compatibility of any equipment or software Customer or its authorized Users uses with the XMLdation Service. Customer shall be responsible for obtaining, maintaining, and ensuring the proper functioning of all equipment, connections, hardware, software, internet connectivity, and other systems required by the Customer and its authorized Users to access and use the Service. Customer shall also be responsible for the safeguarding of any environment of use as well as for any communication or similar costs related to the use of the XMLdation Service. Customer acknowledges that Internet as an operational environment may cause interruptions and data protection risks to the operability of the XMLdation Service.
The Service Provider shall implement and maintain appropriate technical and organisational measures to protect the security and confidentiality of the XMLdation Service where applicable, in accordance with the XMLdation Data Processing Addendum or any other Data Processing Agreement executed by both parties. Customer is responsible for any personal data contained in any of Customer Data.
The XMLdation Service may contain links to websites and material owned, administrated or maintained by third parties. The Service Provider is not liable for any content, services, products or materials offered or made available on such websites.
9. Limitation of the Service Provider's liability
The XMLdation Service is provided on “as-is” basis without warranties of any kind. The Service Provider does not warrant that the service will function without interruptions or error-free. The Service Provider shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented on the XMLdation Service nor for the content or other features of the XMLdation Service. The Service Provider hereby disclaims any and all express, implied, and statutory warranties, including, without limitation, any implied warranties of merchantability, non-infringement, satisfactory quality or fitness for a particular purpose, to the full extent such warranties may be disclaimed by law. The Service Provider disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to Customer's or its authorized Users' of the XMLdation Service.
The Service Provider shall not be liable for any indirect damages caused by any possible delay, a change or a loss of a service, product or material transferred through the XMLdation Service, any interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, the Service Provider disclaims any liability for indirect damages caused to Customer by harmful programs (virus, worms etc.) or incorrect content in the XMLdation Service. The Service Provider shall not be liable for any damages resulting from the Customer's or an authorized User's use of the Service, or from the acts or omissions of any third party.
The Service Provider’s maximum total liability for direct damages, losses, and causes of action caused to Customer or Customer property or arising out of or relating to these Terms, whether such liability arises from any claim based upon contract, warranty, tort, negligence or otherwise, shall not exceed the fees paid by Customer to Service Provider during the three (3) months preceding the event giving rise to the claim. Service Provider is never liable for any indirect, consequential, punitive, unforeseeable damages caused to Customer at any given circumstances.
The foregoing limitations of liability shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, so some of the above limitations and exclusions may not apply to Customer.
Customer shall be liable and agree to indemnify and hold the Service Provider and its subsidiaries, affiliates, officers, agents, and employees harmless from and against all damages, costs, expenses and liabilities which are caused by Customer's breach of these Terms, Customer's unlawful use of the Service or the acts or omissions of the Customer's authorized Users to the extent such acts or omissions are attributable to the Customer or arise from the Customer's failure to comply with these Terms.
Any limitations of liability shall not apply to damages caused with intentional misconduct or gross negligence.
10. Term and Termination
These Terms shall continue to be valid and their applicable provisions shall cover Customer access to and use of any XMLdation Service as long as Customer has the right to use any XMLdation Service and Customer Users have valid user rights, except for provisions that by their nature should survive any termination or expiration of User rights and these Terms.
The Service Provider shall retain Customer Data only for the duration of the Customer's valid subscription or licence to use the Service, unless a longer retention period is required by applicable law. Upon termination or expiry of these Terms or the Customer's licence, the Service Provider may delete all Customer Data from the Service, unless otherwise agreed in writing or required by applicable law. The Customer is responsible for exporting or retrieving any Customer Data prior to the termination or expiry of these Terms.
Upon termination or expiry of these Terms, the Service Provider shall provide Customer with at least [30] days to export Customer Personal Data before permanent deletion, unless otherwise required by applicable law.
11. Applicable Law and Disputes
These Terms and any contractual relation related thereto shall be governed by the laws of Finland. Any disputes arising out of these Terms or the contractual relation related thereto shall be settled primarily through amicable negotiations between the parties. If no such settlement can be reached, the dispute shall be settled in the District Court of the City of Tampere, Finland as the first instance (Pirkanmaan käräjäoikeus).
12. Communication and Notices
The communication and notices related to these Terms between the Service Provider and Customer is handled in writing. Any notice shall be sent to the Service Provider’s email address xmldation@xmldation.com and the Service Provider may send to Customer a notice by posting it on the XMLdation Service or by email using the contact information provided by Customer. Customer must always inform the Service Provider of any changes regarding Customer contact information.
XMLdation Service-Specific Terms
The following Service-Specific Terms apply to the offerings specified below and supplement the Terms of Use for XMLdation Service or another agreement entered between Customer and XMLdation (the “Agreement”).
Definitions
In these XMLdation Service-Specific Terms, the following definitions apply. Capitalised terms not defined herein have the meanings given to them in the Agreement.
“Rail Test Environment” means a test environment managed by the operator of a market infrastructure typically used when onboarding participants to a market infrastructure or to a new version of the market infrastructure.
Buddy Bank
Customer shall be responsible for ensuring that Customer Data used, processed, or submitted through the Buddy Bank to the Rail Test Environment complies with the agreement that Customer has in place with the operator of the Rail Test Environment allowing them access the Rail Test Environment.