These terms govern use of the Tracemark platform, operated by Vespera Digital. A customer’s signed order and any agreement it refers to take precedence over these terms where they differ.
Who may use Tracemark
Tracemark is provided to organisations, not to individuals in a personal capacity. Each user acts on behalf of a customer organisation, which is responsible for the users it invites, the access it grants them and what they do in the platform.
Accounts and access
Users must keep their sign in details private and tell us promptly at support@vespera-org.com if they suspect an account has been compromised. We may suspend an account to protect the platform or other customers, and will tell the customer why.
Acceptable use
Users may not attempt to reach another customer’s data, test or bypass the platform’s security, copy or reverse engineer the software, resell access, or upload material they have no right to share.
Customer data
The customer owns the data it puts into Tracemark. We use it only to provide the service to that customer, as described in the privacy policy. The customer is responsible for the accuracy of the activity data it enters and the evidence it attaches.
What Tracemark does and does not do
Tracemark structures disclosure requirements, calculates from the data and factors supplied, and preserves the evidence behind each figure. It does not certify compliance with any standard, and it does not replace the judgement of the customer, its directors or its auditors. Responsibility for published disclosures remains with the customer.
Confidentiality
Each party keeps the other’s confidential information confidential and uses it only for the purposes of the relationship, except where the law requires disclosure.
Intellectual property
Vespera Digital owns the Tracemark software, its calculation engine, its design and its documentation. The customer receives the right to use the platform for its own reporting during its subscription. Nothing in these terms transfers ownership of either party’s material to the other.
Availability and changes
We work to keep the platform available and will give notice of planned maintenance where we can. We improve the product over time; we will not remove a capability a customer relies on during a paid term without notice and a fair alternative.
Limitation of liability
To the extent the law allows, neither party is liable for indirect or consequential loss or for loss of profit, and each party’s total liability is limited to the fees paid or payable for the platform in the 12 months before the claim arose. Nothing limits liability that cannot be limited by law.
Governing law
These terms are governed by the laws of Kenya. Disputes are resolved by arbitration seated in Nairobi, unless a customer’s order provides otherwise.
Contact
Questions about these terms reach us at support@vespera-org.com.