End-customer access and use agreement

Last updated: 2026-09-07

END-CUSTOMER ACCESS AND USE AGREEMENT

This End-Customer Access and Use Agreement (the “Agreement”) governs the end-customer’s access to and use of Vicosight’s Services. By accessing or using the Services, the end-customer identified in the applicable order, subscription records or other applicable registration process (the “Customer”) accepts this Agreement. If an individual accepts this Agreement on behalf of an entity, that individual represents that it has authority to bind that entity. The Vicosight entity with which the Customer enters into this Agreement, as identified in the applicable order, subscription records or other applicable registration process (“Vicosight”), and the Customer are each a “Party” and together the “Parties”. Where the Services are ordered, subscribed to or otherwise made available to the Customer through an authorised reseller, distributor, agency or other third-party channel partner, such partner is referred to in this Agreement as the “Reseller”.

I. The Services and the licence

1. Service description

Vicosight provides a collaboration tool for the creation of financial reports and other corporate material in an efficient, transparent and secure way using Adobe InCopy and InDesign. More information on the Services offered by Vicosight can be found at https://vicosight.com/platform-overview/.

In order to use the Services, the Customer may be required to hold licences for Adobe InCopy and/or InDesign. For the avoidance of doubt, the Services do not include licences for Adobe InDesign, Adobe InCopy or any other third-party software unless explicitly stated otherwise by Vicosight in writing.

2. Right to use the Services

Subject to the Customer’s compliance with this Agreement and the Customer’s continuing right to use the Services, including any applicable entitlement made available directly by Vicosight or through a Reseller, Vicosight grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right during the term of this Agreement to access and use the Services for the Customer’s own internal business purposes, including through employees, consultants and external service providers acting solely on the Customer’s behalf.

The Customer may permit its employees, consultants, Reseller personnel and other individual users authorised by the Customer (“Users”) to use the Services on the Customer’s behalf, provided that the Customer remains responsible for all acts and omissions of its Users in relation to the Services and this Agreement.

3. Reseller relationship and commercial terms

This Agreement governs the legal relationship between Vicosight and the Customer in respect of the Customer’s access to and use of the Services. If the Services are ordered, subscribed to or otherwise made available to the Customer through a Reseller, the Customer acknowledges that ordering, activation, subscription scope, invoicing, payment and other commercial matters relating to the Customer’s procurement of the Services are handled between the Customer and the Reseller, unless Vicosight expressly agrees otherwise in writing. If the Customer procures the Services directly from Vicosight, the applicable order, subscription records and Vicosight’s then-current terms and conditions shall govern such commercial matters.

The Customer’s right to access and use the Services is conditional upon Vicosight having activated a valid entitlement for the Customer, whether directly or through an authorised Reseller channel. If the Services are made available through a Reseller, access to the Services may be suspended or discontinued if the applicable Reseller arrangement no longer supports the Customer’s entitlement to use the Services.

Where the Services are made available through a Reseller, nothing in this Agreement obliges Vicosight to invoice the Customer directly or to provide service credits, refunds or other monetary remedies directly to the Customer. Any such commercial adjustments shall, where applicable, be handled in accordance with the arrangements between Vicosight and the Reseller and, as between the Customer and the Reseller, under their separate agreement.

If the Services are made available through a Reseller, the Reseller acts as an independent intermediary and is not authorised to amend this Agreement, make representations or warranties on behalf of Vicosight, or bind Vicosight in any way, except to the extent Vicosight has expressly agreed otherwise in writing. The Customer acknowledges that any statements, commitments or assurances made by the Reseller that are not expressly confirmed by Vicosight in writing are solely between the Customer and the Reseller.

II. Support, operation and security

4. Support

Vicosight is the main point of contact for support in relation to the Services. The Customer and its Users shall submit support requests, error reports and service requests through the support channels made available by Vicosight from time to time.

Where the Services are made available through a Reseller, the Reseller may assist the Customer in coordinating support matters, but this does not limit the Customer’s or its Users’ ability to contact Vicosight support directly.

5. Availability, maintenance and changes

Vicosight will use commercially reasonable efforts to make the Services available to the Customer 24 hours a day, 7 days a week, with a service availability target of 99.5% per month. Service availability means that users are able to work without significant delay or unstable delivery of the Services. Service availability is measured at the connection point to Vicosight’s system.

Vicosight may perform maintenance on, and make changes, updates and improvements to, the Services from time to time. Vicosight will use reasonable efforts to provide prior notice of scheduled maintenance where reasonably practicable and will not materially reduce the core functionality of the Services used by the Customer without a valid operational, legal or security-related reason.

6. Security

Vicosight is committed to the protection of all data processed under this Agreement. This commitment entails upholding the availability, authenticity, integrity and confidentiality of data. Vicosight’s detailed security measures are set out at https://vicosight.com/security. Vicosight reserves the right to update or revise the security measures as necessary, provided that the updated or revised security measures are reasonably equivalent or superior to the previous measures.

III. Use of the Services

7. Access and permitted use

The Customer may only use the Services for the Customer’s own internal business purposes and shall not resell, sublicense, lease, time-share, distribute or otherwise make the Services available to any third party, except for authorised Users acting solely on the Customer’s behalf, including employees, consultants and service providers engaged by the Customer in relation to the Customer’s own business operations.

The Customer shall designate at least one administrator for the Customer’s account (“Admin”). The Admin may invite Users, manage access rights and administer the Customer’s use of the Services.

The Customer shall ensure that only authorised Users access the Services. The Customer shall immediately inform Vicosight and the Reseller if it becomes aware that an unauthorised person has gained access to the Services or that credentials have been compromised.

8. Acceptable use

The Customer and its Users shall not: (i) use the Services in violation of applicable law; (ii) share credentials except as expressly permitted by the Services; (iii) attempt to gain unauthorised access to the Services or related systems; (iv) interfere with or disrupt the integrity, performance or security of the Services; (v) circumvent any security features or usage restrictions of the Services; (vi) use the Services in excess of applicable subscription scope or user entitlements; or (vii) use the Services to develop, train or improve a competing product or service.

9. Customer responsibilities

The Customer shall provide and maintain all equipment, software, systems, internet connectivity and other resources required for its use of the Services (“Customer Tools”). The Customer is responsible for ensuring that the Customer Tools are compatible with the Services and for obtaining any necessary licences and rights in relation to the Customer Tools, including any required Adobe licences.

The Customer is responsible for ensuring that the Customer Tools: (a) are free of viruses, Trojan horses, worms and other harmful software or code; (b) are in the agreed or required format; and (c) cannot, in any way, harm or adversely affect the Services.

The Customer shall comply, and ensure that its Users comply, with this Agreement and all reasonable instructions issued by Vicosight regarding the use of the Services.

IV. Intellectual property, data and confidentiality

10. Customer Content

The Services include functions for uploading, retrieving, creating, modifying and storing files, text and other material and information provided by the Customer and its Users (“Customer Content”). The Customer may only upload Customer Content that the Customer owns or is otherwise entitled to use, manage and upload to the Services.

The Customer shall not upload Customer Content that is illegal, infringing, violent, offensive, or otherwise improper. The Customer warrants that the Customer Content, and the Customer’s use of the Customer Content through the Services, does not violate applicable law or any third party’s rights. The Customer is responsible for all Customer Content and for the results derived from it.

Any intellectual property rights in and to the Customer Content shall remain the property of the Customer or its licensors, as applicable. The Customer grants Vicosight a non-exclusive right to host, copy, process, transmit, display and otherwise use the Customer Content during the term of this Agreement as necessary to provide, maintain, secure and support the Services and to comply with applicable law.

Vicosight routinely performs back-ups in relation to the Services. However, Vicosight does not guarantee that Customer Content will not be subject to inadvertent damage, corruption or loss. The Customer acknowledges that it shall perform its own back-ups of important Customer Content stored outside the Services.

11. Intellectual property rights

Any intellectual property rights in and to the Services, related documentation and any add-on services, including any patents, trademarks, copyrights, trade secrets and other proprietary rights, are and shall remain the property of Vicosight or its licensors, as applicable. Except for the limited right to use the Services expressly granted under this Agreement, the Customer does not acquire any right, title or interest in or to the Services.

The Customer shall not, except to the extent mandatory law expressly permits it, attempt to decompile, reverse engineer, disassemble or otherwise derive source code, underlying ideas, algorithms or know-how from the Services.

If a third party makes a claim against the Customer that the Customer’s authorised use of the Services infringes that third party’s intellectual property rights, Vicosight shall, subject to the Customer complying with this Agreement, defend the Customer against such claim and indemnify the Customer for damages finally awarded by a court or agreed in settlement by Vicosight, provided that the Customer promptly notifies Vicosight in writing of the claim, allows Vicosight to control the defence and settlement of the claim, and provides reasonable assistance at Vicosight’s expense.

12. Personal data protection

As part of providing the Services, Vicosight may process certain personal data on behalf of the Customer as set out in Vicosight’s Data Processing Addendum, which is hereby incorporated into this Agreement. The Customer is responsible for ensuring that it, and any Reseller or other service provider acting on the Customer’s behalf, has all necessary rights, instructions and transparency measures required to make such personal data available to Vicosight for processing in connection with the Services. How Vicosight processes personal data outside the scope of such Addendum is set out in Vicosight’s Privacy Policy.

Vicosight may use aggregated and anonymised data derived from the use of the Services for lawful business purposes, provided that such data does not identify the Customer, any User or any other identifiable individual.

13. Confidentiality

Each Party acknowledges that all non-public information provided by the other Party in connection with this Agreement is confidential information. A receiving Party shall use the other Party’s confidential information solely for the purpose of exercising its rights and performing its obligations under this Agreement and shall not disclose such information to any third party without the disclosing Party’s prior written consent, except to its affiliates, professional advisers and subcontractors who have a need to know and are bound by confidentiality obligations.

The foregoing confidentiality obligations shall not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) has been independently developed without use of the other Party’s confidential information; (c) is lawfully obtained from a third party without breach of a duty of confidence; or (d) must be disclosed pursuant to applicable law, regulation or a binding order from a competent authority, provided that the receiving Party, where legally permitted, gives prior notice to the disclosing Party.

The confidentiality obligations in this Section shall survive for five (5) years after expiry or termination of this Agreement, except for trade secrets, which shall be protected for as long as they remain trade secrets under applicable law.

V. Warranty and liability

14. Limited warranty

The Services and any related documentation are provided on an “as is” basis. The Customer assumes sole responsibility for results obtained from the Customer’s use of the Services and any documentation, and for conclusions drawn from such use. Vicosight shall have no liability for any damage caused by errors or omissions in information, instructions or scripts provided by the Customer or any User, or by actions taken by Vicosight at the Customer’s direction.

15. Limitation of liability

If the Services are defective and Vicosight is liable for such defect, the Customer is entitled to rectification, if such rectification is possible.

Vicosight shall not be liable for any defects, disruptions or other problems caused by: (i) programming defects with only an immaterial effect on the Services; (ii) defects that do not affect the intended use of the Services; (iii) use of the Services in a manner that was not intended; (iv) disruptions or misrepresentations of Customer Content occurring during transfer over the internet; (v) circumstances outside Vicosight’s reasonable control, including disruptions in electronic communications networks; (vi) alterations to the Services made without Vicosight’s assistance or approval; or (vii) Customer Tools or other services or products provided by the Customer, a User or a third party acting on the Customer’s behalf.

Vicosight’s aggregate liability to the Customer under this Agreement, including any indemnification obligations under clause 11, shall not exceed the total amounts actually received by Vicosight from the Customer, or from the Reseller and attributable to the Customer’s use of the Services, during the twelve (12) months preceding the event giving rise to the liability.

Vicosight shall not be liable for any indirect, consequential, special or punitive damages, including loss of profits, loss of revenue, loss of data or loss of use, whether or not Vicosight has been advised of the possibility of such damages. The foregoing limitations apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, and regardless of whether such damages were foreseeable or unforeseeable.

Nothing in this Agreement shall exclude or limit either Party's liability for (a) death or personal injury caused by that Party's negligence, (b) fraud or fraudulent misrepresentation, (c) losses arising from that Party's gross negligence or wilful misconduct, or (d) any other liability that cannot be excluded or limited under applicable mandatory law.

All claims arising under this Agreement must be notified in writing to Vicosight within three (3) months of the date of the event giving rise to the claim. If the Customer does not present the claim within that time, the Customer loses its right to make the claim.

16. Customer liability

The Customer assumes sole responsibility and liability in relation to the Customer Content and the Customer’s use of the Services. The Customer shall indemnify and hold harmless Vicosight against claims arising from the Customer Content, the Customer’s or any User’s use of the Services in breach of this Agreement, or the Customer’s or any User’s violation of applicable law or third-party rights.

VI. Term, suspension and termination

17. Term

This Agreement enters into force when the Customer first accesses or uses the Services and shall remain in effect for as long as the Customer has a valid right to use the Services directly from Vicosight or through the applicable Reseller arrangement, unless earlier terminated in accordance with this Agreement.

18. Suspension and termination

Vicosight may suspend or limit the Customer’s or any User’s access to the Services immediately if: (i) the Customer or a User breaches this Agreement; (ii) the Customer’s or a User’s use of the Services entails a security risk or may harm Vicosight, the Services or any third party; (iii) Vicosight is required to do so by law or by the termination, suspension or expiry of the Customer’s direct entitlement or the applicable Reseller arrangement, insofar as it relates to the Customer’s right to use the Services; or (iv) the Customer no longer has a valid right to use the Services directly from Vicosight or through the Reseller channel.

19. Effect of termination

Upon expiry or termination of this Agreement, the Customer shall immediately cease all use of the Services and any related documentation, and all rights granted to the Customer under this Agreement shall terminate.

Vicosight may delete or irreversibly anonymise Customer Content after expiry or termination of the Agreement, subject to applicable law and Vicosight’s standard retention procedures. If the Customer requires export or retrieval of Customer Content following termination, such assistance may be subject to the applicable Reseller arrangement or separate agreement and Vicosight’s then-current terms for such assistance. Any post-termination access or retrieval window shall be subject to Vicosight’s then-current procedures and the Customer’s continued entitlement directly from Vicosight or through the Reseller, if applicable.

VII. General provisions

20. Governing law and dispute resolution

The governing law and dispute resolution mechanism for this Agreement depend on the Vicosight entity with which the Customer has entered into this Agreement.

If the Customer enters into this Agreement with Vicosight AB, this Agreement shall be governed by the laws of Sweden and any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), which rules are deemed to be incorporated by reference into this Section.

If the Customer enters into this Agreement with Vicosight Oy, this Agreement shall be governed by the laws of Finland and any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Rules of the Finland Chamber of Commerce, which rules are deemed to be incorporated by reference into this Section.

If the Customer enters into this Agreement with Vicosight Pty Ltd:, the laws of New South Wales, Australia. Any disputes arising from or in connection with such Agreement shall be referred to and finally resolved by arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules, which rules are deemed to be incorporated by reference into this Section.

If the Customer enters into this Agreement with Vicosight Ltd, this Agreement shall be governed by the laws of England and Wales and any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules, which rules are deemed to be incorporated by reference into this Section.

The seat of arbitration shall be Stockholm, Sweden for an Agreement with Vicosight AB, Helsinki, Finland for an Agreement with Vicosight Oy, Sydney, Australia for an Agreement with Vicosight Pty Ltd and London, England for an Agreement with Vicosight Ltd. The language of the arbitration shall be English.

21. Miscellaneous

This Agreement constitutes the entire agreement between Vicosight and the Customer in relation to its subject matter and supersedes prior discussions and agreements between them relating to that subject matter. For the avoidance of doubt, this Agreement does not replace the separate commercial agreement between the Customer and the Reseller. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Vicosight may assign this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of the business or assets relating to the Services.