1. Effectiveness: These Terms of Use of the Service have been effective since 2023. 

2. The website: For the purposes of this document, our website means the set of web pages and applications forming our website and all sub-pages, including all subdomains. 

3. Sections with restricted access: For the purposes of this document, sections with restricted access mean any page or group of pages within the website which are subject to specific rules for access to them, such as charging or the need for registration on the website. Pages within the restricted section are indicated at the appropriate location. 

4. The service: For the purposes of this document, “service” refers to (i) your use of VDA, (ii) your use of free cloud services that may be accessed via the website or (iii) your use of VDA training platform. By using our website, you use an information society service provided by us and on the basis of that a legal relationship (hereinafter the "service") arises between you (this term will continue to be used to identify you as the recipient of the service) and us. 

5. The price for the service: The service is provided free of charge. You pay for the technical equipment, software, and connectivity needed to use this service. Use of sections with limited access within our website may be subject to charge. 

6. The subject of the service: This service consists of: 

    * Preliminary data analysis aimed at a brief evaluation of the data file being uploaded in order to determine the follow-up process (e.g., whether the file may be parsed at all, or which tools will be used, etc.), 

    * Data analytics and reporting of data files uploaded by you, 

    * Follow-up data analysis on samples not successfully read (i.e., inspections why the data could not be parsed) and feedback for you on these samples, and 

    * The delivery of web content at your request entered via a web browser. The web content means all data you receive from us at your request, in particular texts or images but also source codes of pages (hereinafter "web content"). 

7. The scope of the service: No minimum scope is guaranteed within the providing of the service. The service may be temporarily or permanently unavailable, wholly or in part. Its user interface, appearance, and functionality may change or may be removed at our discretion which is not subject to the need for prior notification. 

8. Reservation of changes in Terms & Conditions: These terms may be changed and updated. Before you start using the service, it is your responsibility to become familiar with the current version of the terms. In case you are registered with us, we will notify you about changes in advance by email or prior to your use of the service. If you do not agree with the modified terms, you may terminate the agreement with us with a notice up to 10 days following the notification of the modified terms. If you terminate the agreement due to your disagreement with the modified terms, you will not be affected by the change during the 10-day notice period. 

9. General restrictions: It is prohibited to use any means to undermine or circumvent security measures related to this service or other services of ours, and other Internet-related services and sites or computer networks via this service. 

10. Exclusion of liability: To the extent permitted by the applicable legislation, you agree that we will not be liable for any damage that you may incur in connection with this service, and you also agree with the agreed limitation of compensation for any such damage amounting to 0 CAD. 

11. Assignment: We reserve the right to assign the agreement governed by these terms to any of our group companies without prior approval. You shall be entitled to assign this agreement upon our written approval. 

  

1. Definition: User account means a record in our database and the data associated with it; it is determined by the login name and the password used to authenticate (hereinafter "login"). The user account can be associated with personal data; if the user account is made by a legal person, these personal data identify a natural person acting for the respective legal person. 

2. Using a user account: Some parts of the service may be linked to access to a user account. In such a case, it is necessary to make a registration of the user account that is linked to the registration terms stated below. 

3. Terms of user account registration: By registering, you agree to the following terms: 

    * Registration will be made on the basis of your request sent via a web form available on the website or through the VDA mobile registration app at events if the form contains all the required information and you agree to these terms of registration. 

    * Only one email address may be used for one user account. 

    * Provided email addresses will be verified by an activation link sent upon registration; unless the e-mail address is verified, the user account may not be entitled to all operations. If not activated within 30 days from the day when the registration has been initiated, the user account will be terminated and deleted without prior notice. 

    * We reserve the right to refuse registration. 

    * The user account is used, among others, for communication and dealing with us. It is your responsibility to ensure that your user account can only be accessed by you or a person authorized by you. The actions of such a person within the user account are considered to be actions on behalf of you. 

    * Within the system maintenance, we may delete inactive user accounts and delete or merge duplicate ones; the deletion or mergers are preceded by a warning sent to the email address associated with the user account at least 5 days in advance. 

    * In the event of a breach of your obligations under this document, we have the right to terminate or restrict our provision of the service, for instance by blocking or deleting your user account, or preventing you from accessing our website. 

  

1. Checking your content: Your activities within the service are not and cannot be subject to survey, approval or moderation on our part, and we do not verify their compliance with the law and do not accept responsibility for these activities. However, we reserve the right to delete any material and/or restrict posting rights for any reason whatsoever, if we acquire knowledge that your activities within the services violate (or potentially violate) these Terms of Use or the applicable legislation. 

2. File saving: As part of this service, we allow you to upload and save files in storage operated by us (hereinafter "uploaded content"). You acknowledge that within this service we do not guarantee that the uploaded content will remain unchanged or available. In particular, you acknowledge that we are not liable for any damage that you may incur in connection with the loss or damage of the uploaded content. 

3. Rights of third parties and legal obligations in connection with saving files: You hereby agree not to upload any data that may be protected by any rights that you have failed to completely clear before uploading to our service. By uploading content through this service of ours, you confirm that you have sufficient legal capacity to act in such a way, in particular that the uploaded content is not subject to legal protection, or that you are the author and executor of property rights to the uploaded content to an adequate extent. At the same time, you acknowledge that if we learn that certain content was improperly transmitted or uploaded through this service of ours, we have the right to delete or block it without notice, and we are obliged to cooperate with the authorities investigating possible illegal activities, which may include a disclosure of the saved traffic and location data concerning you. 

4. Indemnification: In case you fail to comply with your obligation according to previous paragraphs, you agree to indemnify us for any expenses, including legal and attorney fees, that we might endure due to our primary or secondary liability arising from processing and otherwise using protected data. Furthermore, you agree to hold us harmless and support us in any litigation and/or lawsuit against us that may arise from your misconduct. 

  

The processing of your personal data is governed by the [VDA Privacy Policy]. 

1. Uploaded data: In relation to the personal data uploaded by you for the sole purpose of having them analyzed by our service, we act as a data processor, as defined by the EU General Data Protection Regulation 2016/679 (hereinafter "GDPR"). Upon your request, we provide the technical means for data processing to get expected outputs. This section presumes that data files uploaded to our service will contain personal data, as defined by GDPR. To the extent uploaded files do not contain such personal data, this section does not apply. 

2. Processing: We ensure that we undertake all reasonable actions that are required to:    
1. process the data only according to your instruction
2. set sufficient technical and organizational measures in order to protect data we process against accidental or unlawful destruction or accidental loss

3. Technical and Organizational Measures: We implement adequate technical and organizational measures to ensure the security of your data during processing, including but not limited to data encryption, access control, and regular security audits. 

4. Retention Period: We retain your data only as long as necessary to fulfill the purposes for which it was collected or as required by applicable laws. 

5. Data Subject Rights: You have the right to access, rectify, erase, restrict, or object to the processing of your personal data, as well as the right to data portability. These rights can be exercised by contacting us at sales@whiteklay.com 

6. Third-Party Processors: We may engage third-party service providers to process your data. These processors are bound by data protection obligations similar to those outlined in this policy. 

1. Amendments: We may update these terms from time to time to reflect changes in our services or legal requirements. We will notify you of any significant changes via email or through our website. 

2. Acceptance of Changes: By continuing to use our services after changes are made to these terms, you agree to be bound by the updated terms.