{"id":474,"date":"2020-01-23T12:18:29","date_gmt":"2020-01-23T10:18:29","guid":{"rendered":"http:\/\/localhost\/lokitime\/?page_id=474"},"modified":"2020-01-23T12:18:31","modified_gmt":"2020-01-23T10:18:31","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/lokitime.com\/en\/terms-of-use\/","title":{"rendered":"Terms of use"},"content":{"rendered":"\n

Terms of Use for the Online Services of\nSowellus Ltd<\/strong><\/p>\n\n\n\n

1. General<\/strong><\/h3>\n\n\n\n

These terms of use for online services (hereinafter\n\u201cTerms of Use\u201d) are applied by Sowellus Ltd (hereinafter \u201cthe Service\nProvider\u201d) and the client (hereinafter \u201cthe Client\u201d) to all online services\nproduced and maintained by Sowellus Ltd and to the use of all content and\nmaterials available through the online services, unless otherwise mentioned or\nagreed.<\/p>\n\n\n\n

The online services falling under the scope of the\nagreement at a given time are defined in the customer-specific agreement\n(hereinafter \u201cthe Agreement\u201d). In these Terms of Use, the Service means the\nservices specified in the Agreement between the Company and the Client.<\/p>\n\n\n\n

The Agreement does not establish a joint venture,\npartnership or agency between the Client\/User and the Service Provider. Neither\nparty has the right or authorisation to incur liabilities, debt or costs or\nenter into agreements or other arrangements in the name or on behalf of the\nother party. <\/p>\n\n\n\n

Unless otherwise expressly provided in this Agreement,\nall express or implied guarantees, warranties and other conditions based on\nlaw, case law or something else are excluded to the maximum extent permitted by\nlaw. <\/p>\n\n\n\n

The Client\/User may not transfer or delegate any of their\nrights or obligations pursuant to the Agreement or make any other agreements\npertaining to them. The Service Provider has the right to transfer or otherwise\ndelegate all or part of its rights and obligations pursuant to the Agreement to a third\nparty.<\/p>\n\n\n\n

The User accepts these Terms of Use by logging in to the\nService or by using the Service.<\/p>\n\n\n\n

2. Service description<\/strong><\/h3>\n\n\n\n

The Service Provider provides the Service to the Client\nover the internet. The Client and the Client\u2019s users registered in the Service\n(hereinafter \u201cUser(s)\u201d) have a right, according to the terms and conditions of\nthe Agreement and the limitations set therein, to use the Service and its\napplications in their own business operations.<\/p>\n\n\n\n

In these Term of Use, online services mean all online\nservices and mobile apps produced or maintained by the Service Provider. These\ninclude the LokiTime services,such as Key Issuance & Control,\nProperty Management and Occupant App, Stairway and Info Screens, Time-Tracking,\nthe Mobile Booking Calendar as well as the Raksamittari and Learn to Swim Log\nservices (hereinafter referred to collectively and individually as \u201cthe\nService(s)\u201d). The Services can be provided for use both through an internet\nbrowser and as a mobile service.<\/p>\n\n\n\n

The Service Provider develops the Service continuously\nand has the right to change the Service and its content as part of its\ndevelopment work in the manner and at the times it deems fit as well as to\nchange the technical requirements for using the Service. The Service Provider\nfurthermore has the right, at any time, to add, limit or remove Service\nfeatures or to discontinue the production of the Service.<\/p>\n\n\n\n

The Service Provider has the right to publish bulletins\nof its own and a third party in the Service.<\/p>\n\n\n\n

3. Service deployment and registration<\/strong><\/h3>\n\n\n\n

The use of the Service requires the User to have a\nsuitable computer, tablet, internet browser, mobile app and the necessary data\nconnections.<\/p>\n\n\n\n

The use of the Service also requires the Service to be\nordered and Users\u2019 registration. The Users join the Service by logging in to it\non the website or in a mobile app and by accepting these Terms of Service and any\nService-specific terms and conditions as binding upon themselves. The Company\nmay furthermore require Users to provide certain data in connection to\nregistration. In connection to registration, each User chooses the user ID and\npassword required by the Service for themselves.<\/p>\n\n\n\n

The Service Provider has the right to check a User\u2019s credit references when the User registers for a Service subject to a charge. The Service Provider has the right to prevent the User from using a Service subject to a charge if this is justified due to defaults or some other acceptable reason that has become apparent in connection to the credit reference check. The User is entitled to receive information on the grounds for the refusal at request. <\/p>\n\n\n\n

4. Responsibility for the service content<\/strong><\/h3>\n\n\n\n

The Client serves as the controller in the\nService and is responsible for the obligations imposed on a controller in\nlegislation as well as for the data the Client produces and saves in the\nService. The Service Provider serves as the processor in the Service and is\nresponsible for the obligations of a processor as well as for the legality,\ncopyrights and other intellectual property rights of the material it produces\nfor the Service itself and for their compliance with accepted principles of\nmorality. The Service Provider is not, in any part, responsible for the service\nor content of the Client or another vendor, or\nthe related copyrights or other intellectual property rights.<\/p>\n\n\n\n

The User warrants and represents that they are the maker\nof the content they have produced or, when acting on behalf of the maker, that\nthey have the maker\u2019s advance express consent for the submission or publication\nof the content produced by the User and that they have all the requisite\nrights, in relation to the content produced by the User, to grant the licenses\nand permissions defined in this Agreement. In addition, the User warrants and\nrepresents (when acting on behalf of the maker of the content produced by the\nUser, that the maker has agreed to warrant and represent) that sharing the\ncontent produced by the User for the purposes selected by the User does not\nviolate or infringe any copyrights, trademarks or other intellectual property\nrights or the rights of a third party, including rights to publicity or\nprivacy.<\/p>\n\n\n\n

The Service is provided as is, without any guarantees.\nThe Service Provider is not responsible for the correctness, accuracy or\ncompleteness of the data or other material in the Service.<\/p>\n\n\n\n

The Service Provider is not liable for any damage caused\nto the User by incorrect, incomplete or ambiguous data in the Service. No data,\ninstructions or advice provided in the Service are meant as legal or commercial\ninformation or information otherwise binding on the Company or some other\nvendor, due to which the User cannot invoke them. Nor can they be used as\ngrounds for claims made against the Service Provider or other vendor.<\/p>\n\n\n\n

The User alone is liable for all damage that may arise\nfrom the infringement of privacy protection, copyrights, trademarks or any\nother intellectual property rights as well as for any damage or loss\nattributable to the delivery of content.<\/p>\n\n\n\n

The Service Provider may remove materials from the\nService based on its exclusive and unrestricted discretion. The Service\nProvider is not liable for any content or other data produced by the User which\nis displayed on the website or elsewhere or which is removed from the website\nor some other location. The Service Provider is not obligated to use content\nproduced by the User and may choose to leave it altogether unused.<\/p>\n\n\n\n

5. Service availability<\/strong><\/h3>\n\n\n\n

The Service Provider aims to ensure that the Service is\navailable to the User continuously and without disruptions. However, the\nService Provider is not liable for the Service\u2019s uninterrupted, real-time and\nerrorless functioning. The Service Provider is not liable for technical\nfailures in the Service, breaks attributable to maintenance or installation\nmeasures, or for any alteration or loss of data included in the Service or\nother data as a result of such measures or for problems, interruptions or\nbreaks related to data transfers attributable to third parties or for the\ndamage they cause to the User.<\/p>\n\n\n\n

The Service Provider aims to inform the User of any\nbreaks in availability and to make the Service available to the User after\nbecoming aware of such a break. The User may report breaks in the availability\nor disruptions in the use of the Service to the Service Provider\u2019s customer\nservice (asiakaspalvelu@sowellus.fi).<\/p>\n\n\n\n

The Service Provider is entitled to suspend the Service\ndue to its change or renewal or a technical reason related to the Service, or\ndue to the maintenance, installation or servicing of the telecommunication\nnetwork or some other reason of the kind or if required by legislation or some\nother order issued by the authorities. The Service Provider aims to limit the\nduration of an interruption to the absolute minimum.<\/p>\n\n\n\n

The Client is responsible for the backup of the Service\u2019s content. <\/p>\n\n\n\n

6. Rights<\/strong><\/strong><\/h3>\n\n\n\n

The content and appearance of the Service are protected\nby copyright. The Service Provider holds all rights, copyrights and other\nintellectual property rights to the Service.<\/p>\n\n\n\n

In this Agreement, intellectual property rights mean\ncopyrights, trademark rights, design rights, utility model rights and patent\nrights as well as other exclusive rights based on the law and any applications\nand the domain names pertaining to them.<\/p>\n\n\n\n

All intellectual property rights related to the Service\nor its implementation are held by the Service Provider. The Client and Users\nare granted limited access rights to the Service and the use of the materials\nit contains. Data produced by the Client and saved or stored in the Service by\nthe Client for their own use are not materials contained in the Service. All\nother rights remain with the Service Provider.<\/p>\n\n\n\n

The User\/Client is not\ngranted any rights related to the Service apart from the right to use the\nService in accordance with these Terms of Use as well as any possible\nService-specific terms and conditions and the service agreement made in\nrelation to the Service. The User may not make the Service or part thereof\npublicly available or transfer it further, except to a party or the\nrepresentative of a party who is in an immediate contractual or customer\nrelationship with the Client. The Client does not have the right to use the\nService or materials and data related to it in the development or provision of\na service, product or material which is in direct or indirect competition with\nthe Service Provider\u2019s Service. The Client may not reproduce or\nmake available to the public, share or otherwise disclose, modify, alter,\ntranslate or reverse engineer the source code of the delivered programmes,\nservices or other works. <\/p>\n\n\n\n

The Service Provider has an exclusive and unlimited\nright, but no obligation, to check, modify, publish, refuse to publish, remove\nand monitor the contents produced by the User in the Service Provider\u2019s\nServices. Contents produced by the User that have been submitted or published\nthrough the User\u2019s account may, in some cases and from time to time, be\nmodified or removed. The Service Provider does not guarantee that the content\nproduced by the Client will not be modified or removed from the website or some\nother location, nor is the Service Provider responsible for the content\nproduced by the User being no longer available in the Service. <\/p>\n\n\n\n

The Service Provider has the right to store and use\nmaterial submitted or added to the Service by the Client or the User, also\nafter the service agreement has come to an end.<\/p>\n\n\n\n

The Service Provider has a permanent right to use the\ncontent produced for or added to the Service by the User to provide the Service\nto third parties without being obligated to compensate the User for such use.<\/p>\n\n\n\n

The User is liable to pay damages to the Service Provider for any misuse or actions contrary to law or the agreement. The User is also liable for any claims for damages and other claims made by third parties in relation to material submitted by the User. <\/p>\n\n\n\n

7. <\/strong>Client\u2019s\/User\u2019s right to use the Service<\/strong><\/h3>\n\n\n\n

The Client\/User is granted access to the Service in\naccordance with these Terms of User and any service-specific service agreement.<\/p>\n\n\n\n

The User is aware that even though the Service Provider\u2019s\nService may provide access to the services of other vendors, the use of such\nservices may require separate registration and that they may be subject to a\ncharge.<\/p>\n\n\n\n

The User warrants that the data entered in the Service by\nthe User are free of errors and appropriate and that they do not infringe the\nrights of third parties or violate valid legislation and are not contrary to\naccepted principles of morality. The User especially warrants that they have\nthe right to disclose the personal data they enter in the Service Provider\u2019s\nService.<\/p>\n\n\n\n

The User warrants that they will not submit, transmit or\nsave, in or through the Service, material that is contrary to accepted\nprinciples of morality or the law and that they will not induce others to do\nso. Materials refer to text, image and AV materials, for instance, as well as\nto data or other information, regardless of the format they are saved or\nexpressed in as well as to the data included in or related to such material.\nThe User also agrees not to submit, transmit or save, in or through the\nService, material protected by copyright, trademark rights or other\nintellectual property rights, unless they have the express permission of the\nright-holder for this.<\/p>\n\n\n\n

The Service Provider has the right to prevent the\npublication of the aforementioned unauthorised material in the Service and to remove\nsuch material from the Service. The User is liable for any claims for damages\nand other claims made by right-holders or other third parties in relation to\nthe use of unauthorised material.<\/p>\n\n\n\n

The Service Provider may prevent the use of the Service\nif there is a justified reason to suspect that the Service is being used for\nthe dissemination of such unauthorised material or in some other manner\ncontrary to accepted principles of morality or the law.<\/p>\n\n\n\n

8. User ID and password<\/strong><\/strong><\/h3>\n\n\n\n

The User is responsible for storing their user ID and\npassword in such a way that they are not disclosed to or do not fall into the\nhands of third parties. The User is responsible for any use of the Service\nunder the User\u2019s credentials and any costs and charges incurred thereby.<\/p>\n\n\n\n

The Client is responsible for all use under the\ncredentials of the Client\u2019s registered Users.<\/p>\n\n\n\n

The User is obligated to inform the Service Provider of\nthe loss of their user ID or password or of them being disclosed to or falling\ninto the hands of a third party. The report must be made via email to the\naddress asiakaspalvelu@sowellus.fi.<\/p>\n\n\n\n

Should they so desire, the User may be provided with a\nnew user ID and password to replace credentials that have been lost.<\/p>\n\n\n\n

The Service Provider has the right to change the User\u2019s user ID or password as well as any other credentials required by the Service if this is required due to technical or other acceptable reasons. The Service Provider is not liable for damages in respect of such changes. <\/p>\n\n\n\n

9. Personal data<\/strong><\/strong><\/h3>\n\n\n\n

The Service Provider has the right to process the User\u2019s\npersonal data in accordance with the Personal Data Act and other applicable\nlegislation as described in more detail in the privacy policy of the Service\nProvider\u2019s marketing operations.<\/p>\n\n\n\n

The User and the Client give their consent to the\nprocessing of their personal data when entering into the Agreement or by\ndeploying the Service and accepting to the Service\u2019s Terms of Use.<\/p>\n\n\n\n

The Service Provider may send direct marketing to the\nUser via email or in the form of text messages, for example.<\/p>\n\n\n\n

The User has a legal right to prohibit the processing of\ntheir personal data for the purposes of direct advertising, distance selling or\nother direct marketing. The User also has the right to check the personal data\nsaved on them and to have personal data that is incorrect, unnecessary,\nincomplete or outdated in terms of the processing rectified or erased.<\/p>\n\n\n\n

The processing of personal data is subject to a separate Personal Data Processing Agreement.   <\/p>\n\n\n\n

10. Information security and use of data<\/strong><\/strong><\/h3>\n\n\n\n

The User is aware that the online environment and online\nservices are not entirely secure. The User is responsible for the appropriate\nmanagement of the information security of their own IT systems and network\nconnections.<\/p>\n\n\n\n

The Service Provider maintains the confidentiality of all\ndata pertaining to or submitted by the User. The Service Provider organises the\ninformation security of its Service in a generally acceptable manner and\neffectively and aims to prevent unauthorised access to its systems by technical\nsolutions.<\/p>\n\n\n\n

The Service Provider aims, by the means reasonably available to it, to maintain the data\u2019s storage in the Service throughout the Agreement\u2019s duration. The Service Provider does not guarantee the storage of the saved data and is not liable for any damage caused to the Client due to the destruction, loss or alteration of data. The Client is advised to save and\/or print the files formed with an application for themselves once a month, for example. The Client is responsible for the archiving of the saved data in accordance with valid legislation. <\/p>\n\n\n\n

The Service Provider has the right to take advantage of\nthe experience, professional skills and professional know-how it has obtained\nin the customer relationship as well as of data produced by the Client and\nsaved or stored in the Service by the Client for their own use, and the\ninformation and outputs generated during the service production, unless\notherwise provided in the law or some other order issued by the authorities.<\/p>\n\n\n\n

The Service Provider\u2019s Privacy Protection instructions\nconstitute part of this agreement.<\/p>\n\n\n\n

The User does not have the right to transfer or reproduce the Service\u2019s contents from the Service without the Service Provider\u2019s written consent. <\/p>\n\n\n\n

11. Hardware, software and connections<\/strong><\/strong><\/h3>\n\n\n\n

The Client is responsible for the procurement of the hardware, software and network connections required by the Service use as well as for their functionality and the costs they incur, unless otherwise agreed in writing.<\/p>\n\n\n\n

12. Prices charged for the Service<\/strong><\/strong><\/h3>\n\n\n\n

The Services provided by the Service Provider are subject\nto a charge and their deployment requires the payment of the price indicated in\nconnection to their order. The costs and terms of payment applicable to the\nService in question are specified in the relevant Service Agreement.<\/p>\n\n\n\n

The Service Provider may change the price and pricing\nbases of the Service or a part thereof. In such cases, the Service Provider\nwill inform the User of the changes in the appropriate manner. If the Client\ndoes not accept the Service\u2019s new pricing bases, the User may terminate the\nAgreement in such a way that the termination takes effect prior to the new\npricing bases\u2019 entry into force.<\/p>\n\n\n\n

13. Payment<\/strong><\/strong><\/h3>\n\n\n\n

The Client is liable to pay the fee charged for the\nService in the manner indicated by the Service Provider, such as according to\nan invoice or via online banking. Invoices must be paid no later than on their\ndue date. The Service Provider is entitled to charge interest for late payment\npursuant to the Interest Act as of the due date. The Service Provider is\nentitled to charge a reminder fee pursuant to the pricing list for a notice to\npay, to cover the costs that arise from its processing.<\/p>\n\n\n\n

The Service Provider may prevent the User\u2019s access to the Service if a payment has been delayed and is not paid within two (2) weeks of the date on which the notice to pay is sent. The Service Provider has the right to charge a reasonable fee for making the Service available to the User again. <\/p>\n\n\n\n

14. <\/strong>Liability for damages arising from the use of the Service<\/strong><\/h3>\n\n\n\n

The Client is liable to compensate the Service Provider\nfor any damage caused by use contrary to these Terms of Use, any\nService-specific terms and conditions, the agreement concerning the use of the\nService or the law.<\/p>\n\n\n\n

The Service Provider is not liable to compensate the User\nfor any damage or loss of work, income or profits or for the loss of actual or\nforecast profits attributable to the use of the Service.<\/p>\n\n\n\n

If the Client, itself or indirectly, uses the Service by logging in with the intention of investigating the data, functionality or scope of the Service Provider or the Service it provides and utilising it in the development or provision of a service, product or material in direct or indirect competition with the Service, the Service Provider is entitled to claim from the Client a contractual penalty of fifty thousand euros (EUR 50,000) or equal to the actual damage, if the actual damage is greater than the aforementioned sum.<\/s> <\/p>\n\n\n\n

15. Force majeure<\/strong><\/strong><\/h3>\n\n\n\n

A force majeure releases the Service Provider from\nobligations related to the Service if it prevents a performance related to the\nService or hinders it to an unreasonable extent. Force majeure includes a fire,\nearthquake, flood, explosion, strike or some other stoppage, an order given by\nthe authorities, disruptions in the distribution of power, a shortage in raw\nmaterials or equipment, a cable or other data communication failure caused by\nor attributable to a third party or some other reason of the kind which has not\nbeen known and which could not have been reasonably foreseen.<\/p>\n\n\n\n

The Service Provider announces a force majeure on the Service\u2019s website or informs the Client of it directly as soon as it has appeared, provided that this is possible.<\/p>\n\n\n\n

16. Amendments to Terms of Use<\/strong><\/strong><\/h3>\n\n\n\n

These Terms of Use apply to all Services maintained by\nthe Service Provider, unless otherwise agreed in writing between the parties.<\/p>\n\n\n\n

The Service Provider may amend these Terms of Use and any Service-specific terms and conditions by announcing such amendments on the Service\u2019s website two weeks before the amendments take effect.<\/p>\n\n\n\n

17. Transfer of rights and obligations<\/strong><\/h3>\n\n\n\n

The User does not have the right to transfer access to\nthe Service or any agreement made on the Service to a third party without the\nService Provider\u2019s written consent.<\/p>\n\n\n\n

The Service Provider has the right to transfer the Service or its maintenance as well as the rights and obligations related to it and any agreement made on the Service to another group company. The Service Provider is also entitled to transfer the aforementioned rights and obligations and agreement in the event that the Service Provider or its business is transferred to another company as a result of a transaction, transfer of business, merger or demerger or some other comparable arrangement.<\/p>\n\n\n\n

18. Disputes<\/strong><\/h3>\n\n\n\n

Any disputes based on these Terms of Use or related to the Service referred to in these Terms of Use, any Service-specific terms and conditions or any agreement made on the Service are primarily resolved through negotiations between the parties. If this fails, the dispute is resolved in the District Court of Helsinki as the court of first instance. <\/p>\n\n\n\n

19. Applicable law<\/strong><\/strong><\/h3>\n\n\n\n

These Terms of Use and the Service referred to in these Terms of Use, any Service-specific terms and conditions and any agreement made on the Service are governed by Finnish law. <\/p>\n\n\n\n

20. Miscellaneous<\/strong><\/strong><\/h3>\n\n\n\n

Any matters not discussed in these Terms of Use are subject\nto the IT2018 YSE \u2013 General Terms and Conditions. <\/p>\n\n\n



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