JAKAMO SERVICE TERMS. PLEASE READ CAREFULLY BEFORE REGISTRATION.
May 25, 2018
1 PURPOSE AND SCOPE
These Jakamo Service Terms apply to the Jakamo Service. The Terms define rights and responsibilities of the Company and Jakamo with respect to the Jakamo Service. Therefore, the Service must not be used unless the Company accepts the Terms without any reservations.
The use of the Jakamo Service is governed by the Service Agreement. By registering for or using the Jakamo Service or any part of it, the Company accepts the Terms. The acceptance of the Terms constitutes a Service Agreement between the Company and Jakamo.
Company means a legal or natural person that has a valid Company Account.
Company Account means the profile of the Company in the Jakamo Service.
Company Administrator means the User who has company administrator status related to the Company Account in the Jakamo Service.
Company Content means Content added to the Jakamo Service by a Company User.
Company System means, including settings and configurations and excluding the Jakamo Service, any information technology used by the Company, including but not limited to (i) data system; (ii) application, program or other software or software component; (iii) device, equipment or other hardware or hardware component; or (iv) internet service, data connection, link or network.
Company User means a User whose User Profile is connected to the Company Account in the Jakamo Service.
Content means documents, files, pictures, videos, material, information or other data added to the Jakamo Service by a User.
Data Processing Addendummeans the Jakamo Data Processing Addendum including any subsequent amendments thereto.
Item means a virtual folder in the Jakamo Service that contains the Company Content or other Content.
Item Owner means the Company that has an item owner status related to the Item in question in the Jakamo Service.
Jakamo means Jakamo Limited including its affiliates, distributors, suppliers and other subcontractors.
Jakamo Service means the online platform of Jakamo Limited, including but not limited to the service, sites, user interface, system, servers, hardware, applications, programs, clients, code and software. The functions of the Jakamo Service are described in section 3 in more detail.
Parties mean both Company and Jakamo collectively.
Partner means another Company with whom the Company has created a relationship in the Jakamo Service.
Party means either Company or Jakamo.
Price List means the price list of the Jakamo Service including any subsequent amendments thereto.
Service means Jakamo Service.
Service Agreement means an agreement between the Company and Jakamoregarding the Jakamo Service. The Terms are part of the Service Agreement.
User means any natural person who uses the Jakamo Service.
User Profile means User’s profile in the Jakamo Service.
3 DESCRIPTION OF THE JAKAMO SERVICE
Jakamo Service forms an advanced information sharing platform for businesses. The purpose of the Jakamo Service is to provide a platform for controlled, efficient and transparent sharing of Content between the Company and its Partners. The aim is to improve development, management and business of the Company. The Service is meant only for business use, not for consumer use.
In the Jakamo Service, each Company has its own Company Account. Both the Company Account and the Company are identified with a company specific Jakamo ID.
The Company appoints a Company Administrator who can invite new Partners and new Company Users to register to the Service. The number of Company Users may differ in accordance with the Terms.
The Company can create partnership network in the Jakamo Service. The network is comprised of all the Partners of one Company. Sharing of Content is possible within the network. The Company may connect other Companies to its network or invite new companies to register for the Jakamo Service in order to create a relationship with them.
The Content is stored in Items. The Content can be shared by sharing the Item in which the Content is stored. The Company may select the Partners with whom the specific Item is shared with or share it to all Partners. The Content can be added to the Item and stored and shared in the Jakamo Service in accordance with the Terms.
Every act in the Service is made on behalf of the Company by some Company User. Users have their own User Profiles. However, the User Profile is not owned by the Company User, but is owned by and is under the control of the Company. Every User is connected to some Company and similarly every User Profile is connected to some Company Account. Users are identified with a personal username and password.
A Company User uses the Service on behalf of the Company to whose Company Account the Company User’s User Profile is connected. The Company is responsible for any act or omission by any Company User.
4 REGISTRATION AND ELIGIBILITY
To use the Jakamo Service the Company and the User must register. The Company Account or the User Profile is created automatically during the registration process.
In order to register the prospective Company to the Service, the representative of the prospective Company must:
be a natural person of legal age, legally competent and with full legal capacity, and in any case at least 16 years old;
have full power and authority to enter into an agreement with Jakamo on behalf of the prospective Company;
provide truthful, correct and complete information requested during the registration process; and
accept the Terms on behalf of the prospective Company.
In order to register to the Service, the prospective User must:
be a natural person of legal age, legally competent and with full legal capacity, and in any case at least 16 years old;
connect the User Profile to the Company Account of the Company that she or he represents;
provide truthful, correct and complete information requested during the registration process; and
When the Company is registered to the Service, the User Profile is created simultaneously and automatically for the representative of the Company that registers the Company to the Service.
Jakamo may reject or revoke an account registered by automated means or by using disposable, short-term or similar temporary email address or other similar temporary contact information.
5 USE OF THE JAKAMO SERVICE
5.1 Right to use the Jakamo Service
Jakamo grants the Company a limited, non-exclusive, non-transferable and revocable right to use the Service only (i) for the business purposes of the Company, (ii) strictly in accordance with the Terms, and (iii) for the time the Service Agreement is valid. Jakamo and its licensors retain copyright, title and all other rights to the Service. The Company has no right to distribute, reproduce, resell, sublicense, rent, lease or otherwise assign the Service.
The Company User has the right to use the Service only on behalf of and within the rights granted by Jakamo to the Company. The Company User has no right to use the Service for the Company User’s personal, individual or private purposes.
5.2 Company Administrator
The Company must appoint a Company Administrator. The first Company Administrator is the representative of the Company that registers the Company to the Service. The Company Administrator may be changed, if needed.
The Company Administrator has same rights as a normal User. In addition, the Company Administrator can invite new Partners and new Company Users on behalf of the Company. The Company Administrator has access to every Item of the Company and to Company User’s User Profiles and, if needed, may close the User Profiles. The Company Administrator also serves as contact person between the Parties and keeps the Company Account information up to date.
5.3 Username and password
The usernames and passwords are personal. Every User must have own and only one username and password.
The Company is responsible for the all authorized or unauthorized use of the Service that takes place by using a username and password belonging to any Company User. The Company must ensure that every Company User take all due care to protect username and password against any misuse and do not disclose them to another person. The Company must inform Jakamo without delay, if a password has been revealed or if the Company has a reason to suspect misuse of a username or password. The Company is responsible for the use of the Service until the username and password has been closed.
A username or password must be changed upon Jakamo’s request due to security risk or other justified reason.
5.4 Content and sharing
The Content is in Items and the Items can be shared with Partners. Every Item has an Item Owner. The Item Owner has possibility to modify or delete the Item or the Content in it and also grant, restrict or suspend access to the Item. This means that a Partner may lose the access to the Item at any time. Therefore, Jakamo advises the Partner to maintain their own copies of the Content, if necessary. Jakamo has no responsibility related to acts or omissions by the Item Owner.
If an Item is shared, it means that the Users that have access to the Item can download and use the Content in the shared Item. The Item Owner may also grant to the Users additional rights related to the Item, for example, right to delete the Content. Jakamo advises the Item Owner to share Items only with trusted Partners. Jakamo has no responsibility related to acts or omissions by the Users, for example, any possible misuse of the Content.
The Company is responsible for the Company Content. The Company must obtain all necessary consents, permissions and licenses before adding any content to the Service or before using, sharing, distributing, modifying, downloading or deleting any Content. The Company is responsible for the decisions made on the basis of the Content. It is also the obligation of the Company to control the sharing and use of the Content to the extent necessary.
The Service may include features or functionalities that provide the User possibility to receive useful notifications. The Service may, for example, automatically notify the User by email, if new Content is added to the specific Item. The delivery of notifications requires the use of third party services, for example internet or email services, over which Jakamo has no control. All notifications are provided for convenience only, and Jakamo assumes no responsibility for the successful delivery of the notifications.
Jakamo may store, host and transmit the Content anywhere in the world. Jakamo does not warrant that the Content retains within the European Union or the European Economic Area or within any other area.
If Content contains any personal data or other restricted data, Company must ensure that it has right to add the data to the Service. Moreover, the processing of personal data or other restricted data must be agreed between the Parties explicitly, in writing and before the data is added to the Service. Regarding personal data, this can be done by accepting the Data Processing Addendum. Such Content may be subject to separate fees charged according to the Price List. If not agreed otherwise, Jakamo has right to assume that the Content does not contain any personal data or other restricted data.
Jakamo assumes no responsibility for the Content or the decisions made on the basis of it. Jakamo has no responsibility to control or monitor the Content or the security, distribution or sharing of it. Jakamo has, without any liability, right to assume that all Content (including but not limited to messages and any other interaction) that (i) is Company Content or (ii) is in Items in which the Company is Item Owner, is the sole property of the Company in question. Jakamo may, for example, process, give, dispose, remove or delete all such Content based solely on the instruction, request or consent of the Company.
If the Content is removed from the Service or deleted, copies or traces may still remain in backups or elsewhere. Jakamo may delete the backups in accordance with its standard procedure. Jakamo has no responsibility to delete other copies or traces. In all cases, Jakamo may retain or delete the Content to the extent required by laws, regulations or authorities. Jakamo may also retain the Content needed for to resolve disputes or enforce Jakamo’s rights.
5.5 Cooperation and interaction in the Jakamo Service
Companies may cooperate and share Content in the Service and in this context Users may interact with other Users. However, the Jakamo Service is not a communications service in terms of the communication regulations.
The Jakamo Service is not meant to for interaction between individuals. All cooperation and interaction in the Service is deemed to be happening between the Companies. Users are not personally parties to the cooperation or interaction irrespective of the fact that User’s name or other personal data may be viewed in this context.
5.6 Technical requirements
Jakamo maintains updated information about technical requirements within the Service. The Company is responsible for ensuring that the Company System meets the valid technical requirements.
Access to the Service, some features of it or the Content may be dependent, for example, on the internet service, other Company System, file format of the Content and compatibility issues. The Company is responsible for acquiring and maintaining the Company System needed for using the Service. Jakamo is not responsible for any non-performance, malfunction, security risks or incompatibilities related to the internet service, other Company System or file formats.
5.7 Instructions for use and customer support
Jakamo maintains basic instructions for the use of the Service within the Service. Jakamo may also provide service descriptions. The availability, format and scope of the instructions or descriptions is at Jakamo’s sole discretion.
Technical and customer support is available as described on the website www.jakamo.net. Jakamo may also provide webinars or other training for the use of the Service. The support and training may be subject to separate fees charged according to the Price List.
5.8 Account information updates
The Company must keep all Company Account information updated.
It is extremely important to maintain a correct and valid email address and other contact information in the Service. Jakamo may inform the Company and the User by using only the contact information in the Service. Jakamo is not responsible for any loss of right due to incorrect or invalid Company Account or User Profile information.
5.9 Acceptable use
The Company undertakes for its part and on behalf of the Company Users:
to comply with laws, regulations, Terms and good manners;
not to use the Service to any illegal, unlawful or unauthorized purpose or otherwise misuse the Service;
to respect the privacy of the others, including but not limited to laws and regulations regarding the transfer and processing of personal data;
to respect the copyrights and other rights;
not to promote or advertise products or services within the Service without appropriate authorization;
be responsible for any consequences related to the Content added to the Service by the User;
to ensure that all consents, permissions and licenses that may be required for the Content are obtained;
not to access Items or Content that are not shared to the User;
not to add or share any illegal, unlawful, abusive, offensive, threatening, harassing, libelous, defamatory, objectionable, pornographic or otherwise inappropriate Content;
not to add any personal data files, if not agreed otherwise in writing;
not to add or share viruses, worms, malware or any code of a destructive nature;
not to add or share spam or unreasonable large files;
not to overload or unreasonably burden the Service, host or data network;
not to probe, scan or test possible vulnerabilities of the Service or data network, circumvent any security or authentication measures or otherwise breach or try to breach the security of the Service or data network;
not to access or use non-public parts of the Service;
not to use applications other than those provided or expressly approved by Jakamo for interaction with the Service;
not to use any applications, software or automated systems or means to access, use, copy, modify, delete, remove, control or monitor the Service or the Content, if not agreed otherwise in writing;
not to enter or try to enter any server used by Jakamo through any means other than direct link within the Service;
not to seek or try to seek access to data on any server used by Jakamo through any means other than direct link within the Service;
not to send or try to send data to any server used by Jakamo through any means other than direct link within the Service;
not to harm or try to harm the Service or Item, Content, Company Account or User Profile of others;
not to interfere, disrupt or obstruct the Service, host or data network through any means other than using the Service in accordance with the Terms;
not to distribute, reproduce, resell, sublicense, rent, lease or otherwise assign the Service;
not to reverse engineer, decompile or otherwise attempt to discover the source code or technical principles of the Service or make derivative works of the Service;
not to modify or tamper with the Service;
not to circumvent possible storage space limits within the Service;
not to connect the Service to other services or sites, if not agreed otherwise in writing;
not to use the Service for any personal communication or for any other personal, individual or private purposes;
not to conduct phishing or spoofing or add deceptive or false source-identifying data;
not to enter or try to enter account of someone else;
not to assist anyone to do something that is prohibited to the User;
not to let other Companies to use the Company Account;
not to let others to use the User Profile;
not to share or let others to use the username, password or any other login information;
to take due care to protect username, password, other login information and the Company Account and the User Profile against any misuse;
to promptly notify Jakamo about any misuse of username, password, other login information, Company Account, User Profile, Service, data network or Content;
not to give or use disposable, short-term or similar temporary email address or other similar temporary contact information during the registration process or in the Service; and
to keep contact information in the User Profile always updated.
5.10 Inactive use or use of temporary contact information
Jakamo may restrict or suspend access to the Service or close the Company Account, if the Company has not signed into the Service in the past twelve (12) months or has used disposable, short-term or similar temporary contact information.
Jakamo may restrict or suspend access to the Service or close the User Profile, if the User has not signed into the Service in the past twelve (12) months or has used disposable, short-term or similar temporary contact information.
6 PROVISION OF THE JAKAMO SERVICE
6.1 General responsibilities
Both Parties must comply with the Terms and applicable laws and regulations.
Jakamo is responsible for the production environment of the Service. Jakamo provides the Service using its practices and working methods. Jakamo’s practices and working methods follow generally accepted industry standards.
The Company is responsible for ensuring that the Service is fit for the purposes of the Company and meets the requirements of the Company. The Company represents and warrants that all Company Users comply with the Terms. The Company indemnifies Jakamo from and against all damages, liabilities, claims, losses, costs or harm resulting from, arising out of or relating to (i) breach of the Terms by the Company or any Company User, (ii) infringement of intellectual property rights, other rights or privacy by the Company or any Company User, or (iii) acts of a third party by using a username and password belonging to a Company User.
The Service is available to the Company in the production environment of the Service at the access point of the public data network.
The Service is provided in English. Jakamo may also provide the Service or any part of it in selected languages that may vary time to time. The Service may not be accessible from all countries. Jakamo may restrict or suspend access to the Service due to regulatory reasons or other justified reasons.
Jakamo is not responsible, if the Company cannot access the Service (i) due to a reason that is not under Jakamo’s responsibility according to the Terms; or (ii) because Jakamo has restricted or suspended access to the Service in accordance with the Terms.
Jakamo always strives to provide great service. Jakamo maintains the Jakamo Service with due care. However, Jakamo does not warrant that the Service will operate correctly with the Company System.
Jakamo makes all commercially reasonable efforts deemed appropriate to avoid interruptions or disruptions arising from the functioning of internet services provided to Jakamo by a third party. However, Jakamo does not guarantee that interruptions or disruptions will not occur. Jakamo is not responsible for the performance or non-performance of internet services. Moreover, Jakamo is not responsible for the discontinuance of operation of any portion of the internet or possible regulations of the internet.
The Service may include third party software or software components and also features or functionalities that operate with third party services. Jakamo is not responsible for any third party service.
Jakamo may restrict or suspend the provision of the Service for a reasonable duration, if it is necessary in order to perform maintenance work, for example, updates, installation, modifications or tests. Jakamo strives to minimize the negative impact of any maintenance work and will inform the Company of the restriction or suspension in advance.
Jakamo may restrict or suspend the provision of the Service due to a reason beyond Jakamo’s control, for example, maintenance work of internet services, withdrawal of the Company User’s consent to the processing of personal data or order by authorities. Jakamo will inform the Company of the restriction or suspension without undue delay after Jakamo has learned of the matter.
Jakamo may restrict or suspend access to the Service, if Jakamo has a reason to suspect that the Company (i) burdens or uses the Service in such a manner that jeopardizes the provision of the Service to others or (ii) has otherwise breached the Terms. Jakamo will inform the Company of the restriction or suspension without undue delay. If the Company demonstrates that it has used the Service in accordance with the Terms, Jakamo will promptly remove any restrictions or suspensions.
6.4 Storing, hosting and transmission of the Content
Jakamo is responsible only for technical storing, hosting and transmission of the Content in the Service and in accordance with the Terms. Jakamo is not responsible for contents of the Content or editorial control over it.
Jakamo may monitor, scan, review or inspect the Content in order to ensure that the Content is in conformity with the Terms. If Jakamo has a reason to suspect that the Content (i) infringes copyrights, (ii) is a security risk or (iii) otherwise breaches the Terms, Jakamo may disable, remove or delete the Content or restrict or suspend access to it. Jakamo will inform the Company of any such actions without undue delay.
6.5 Backups and loss of data
Jakamo uses an advanced backup system to protect the Content. Backups are taken on a daily basis. The backup data will be stored for 30 days in the Service and deleted in accordance with Jakamo’s standard practices.
The backups taken by Jakamo are provided for convenience only. Jakamo assumes no liability regarding backups. More generally, Jakamo is not responsible for the destruction, loss, alteration or reconstruction of Content or other data. It is recommended that the Company creates its own backup procedure to maximize backup reliability. If the Content is recovered by Jakamo, the work may be subject to separate fees charged according to the Price List.
Jakamo protects the production environment of the Service against security risks in accordance with the security procedures of Jakamo and ensures that such procedures are complied with. The Company is responsible for the security of the Company System and the Company Content. Neither Party is responsible for the security of the Content other than Company Content.
Jakamo may restrict or suspend access to the Service or Content due to security reasons or if Jakamo has a reason to suspect misuse of a username, password, other login information, the User Profile or the Company Account. Jakamo will inform the Company of the restriction or suspension without undue delay.
6.7 Continuous improvement
Jakamo improves the Service continuously in order to guarantee the best possible user experience. Jakamo may improve, develop, modify, add, remove or otherwise change the Service or any part of it.
Jakamo strives to minimize the possible negative impacts of any such changes. Jakamo will inform the Company of any essential changes in advance.
6.8 No warranty
The Service is provided “as is” and “as available” and at the risk of the Company. Jakamo does not warrant that the Service will be uninterrupted, free of errors or virus-free. Jakamo has no responsibility for any loss or corruption of data or damage or harm that result from access to or use of the Service or any Content.
Jakamo offers no warranty or condition of any kind, express or implied. Jakamo specifically disclaims any warranties of title, non-infringement, merchantability, availability or fitness for a particular purpose. Jakamo assumes no responsibilities other than those expressly contained in the Terms, and the Company must not rely on any liabilities not expressly set out in the Terms in writing.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 Intellectual property rights related to the Jakamo Service
The Service and all content used to create and operate the Service, except for the Content, are the property of Jakamo or its licensors and are protected under Finnish, international intellectual property laws and other applicable laws. Copyright, title and all other rights, except the right granted in section 5.1, are expressly reserved to the maximum extent permitted by law.
All trademarks, product names, company names and logos, except for the Content, mentioned within the Service are the property of Jakamo or a third party.
Jakamo indemnifies the Company against third party claims presented against the Company and based on the fact that the Service infringes third party intellectual property rights provided that the Company (i) promptly notifies Jakamo in writing of any such claims, (ii) gives to Jakamo, at the expense of Company, all necessary information, assistance and authorizations, and (iii) permits Jakamo to defend or settle, at Jakamo’s sole discretion, the claims on behalf to the Company.
If Jakamo has a reason to suspect that the Service infringes third party intellectual property rights, Jakamo may, at its own expense and in order to eliminate the infringement, either (i) obtain the necessary rights; (ii) replace the Service with another service; or (iii) modify the Service. If none of the above-mentioned alternatives is available to Jakamo on reasonable and commercially feasible terms, the Company will, at Jakamo’s request, stop using the Service. Jakamo will refund the fees paid by the Company for the Service less the fees corresponding to the time already used.
Jakamo is, however, not responsible for infringement of intellectual property rights, if the Company has not used the Service in accordance with the Terms; or if the claim (i) is asserted by a legal or natural person that belongs to the same concern with the Company within the definition of concern laid down in the Accounting Act (1336/1997) of Finland or otherwise to the same group of companies with the Company, (ii) results from compliance with the written instructions of the Company, (iii) results from the use of the Service in combination with any product or service not supplied or approved by Jakamo, or (iv) could have been avoided by using another service offered to the Company by Jakamo.
Jakamo’s liability for infringement of intellectual property rights is limited to this section 7.2.
7.3 Intellectual property rights related to the Content
The Content may be protected under Finnish, international intellectual property laws and other applicable laws. If not agreed otherwise between a proprietor of the Content and the Company, the proprietor retains copyright, title and all other rights to the Content to the maximum extent permitted by law. The Company may use the Content only in accordance with the law and license granted to the Company by the proprietor.
To the extent necessary for Jakamo to provide the Service or to comply with the Service Agreement and only for the time the Content is in the Service, the Company grants Jakamo a non-exclusive, transferable, sub-licensable, fully paid-up, royalty-free, world-wide and irrevocable license to use, process, copy, scan, display, distribute and modify the Content. Jakamo may also use the Content, without identifying the source, for statistical purposes. These statistics are collected to improve the Service and the customer experience. Jakamo may also use the statistics for marketing and information purposes, but only in a way which ensures the anonymity of the Content. The Company warrants that it has right to grant the aforementioned license and rights to the Jakamo. The proprietor of the Content retains all other intellectual property rights to the Content.
7.4 Copyright infringements
Jakamo respects everyone’s copyrights.
Anyone whose copyright is infringed within the Jakamo Service may notify Jakamo of the infringement. Jakamo maintains the contact point in compliance with the Act on Electronic Communications Services (917/2014) of Finland. The valid contact information of the contact point is available on the website www.jakamo.net.
Using the Service is subject to fees in accordance with the Price List. The Price List is available on the website www.jakamo.net or is provided by Jakamo within the Jakamo Service or otherwise in writing. If the Parties agree on a free trial period, the fees will be automatically applicable when the trial period expires, unless the Company Account is closed before the expiration.
The fees include all taxes determined by laws, regulations or authorities of Finland or the European Union, excluding value added tax. The value added tax will be added to the fees in accordance with the applicable laws and regulations. If the amount, collection basis or collection practice of said tax changes, the fees will be revised correspondingly. The Company is responsible for any other taxes, levies, duties or other public charges that may be applicable.
The currency for fees and invoicing is Euro, if not agreed otherwise in writing. If agreed in writing that invoicing currency is other than Euro or that the fees are tied to a currency exchange rate, the exchange rate will be determined by using the newest mid-rate that is quoted by the European Central Bank and is available at the date of invoicing.
The general payment term is 14 days from the date of invoice, if the payment time granted in the invoice is not longer. Regular subscription fees must be paid in advance. The Company may select the payment method from the options offered by Jakamo. The Company is responsible for any banking charges or currency conversion costs related to the payment.
If payment is not received, as a result of non-payment or payment error, the Company must pay collection costs, interest for late payment and other penalty fees in addition to the fees for the Service. The interest on delayed payments accrues in accordance with the Interest Act (633/1982) of Finland.
As a general rule, all payments are non-refundable. No refunds are available, for example, for partial months of the Service or months of inactivity or partial use of the Service, except in cases where Jakamo has terminated the Service Agreement for a reason solely attributable to Jakamo or the availability of the Service has been significantly restricted for a reason solely attributable to Jakamo.
Jakamo may charge separately for work that does not fall within the scope of the Service but is ordered by the Company in writing. Jakamo may also charge costs incurred as a result of incorrect information provided by the Company or other reason for which the Company is responsible.
9 TERM AND TERMINATION
The Service Agreement is valid until further notice and may be terminated by Company as stated in section 9.2 and by Jakamo as stated in section 9.3.
9.2 Termination by the Company
The Company may terminate the Service Agreement by closing the Company Account in the Jakamo Service at any time. The Service Agreement is terminated and the termination becomes effective immediately after closing the Company Account.
The termination should be enacted by the Company before the end of a payment period, or the Company will be obliged to pay in full the fees of the following payment period.
9.3 Termination by Jakamo
Jakamo may terminate the Service Agreement with one (1) month written notice.
Jakamo may, with a written notice, terminate the Service Agreement with immediate effect or restrict or suspend access to the Service, if (i) a payment is not received or (ii) the Company has otherwise breached the Terms.
Jakamo reserves the right to refuse current or future use of the Service in the event of non-compliance with the Terms.
9.4 Closing of the Company Account
The Company may close the Company account as stated in section 9.2. Jakamo may close the Company Account in situations stated in the Terms or immediately after the Service Agreement is terminated by either Party irrespective of the cause.
After the Company Account is closed, (i) the Company and all Company Users will not have access to the Service; (ii) all Company Users’ User Profiles are closed; (iii) all Items in which the Company is Item Owner will be frozen; and (iv) Jakamo may permanently delete such Items and all Content in them. Once deleted, the Items or the Content cannot be recovered.
Jakamo has no obligation to return the Content to the Company. Before the closing of the Company Account, the Company may download the Content from the Service or delete it to the extent it has both right and possibility to do so. Alternatively, the Company may request that Jakamo will, on behalf of the Company, collect documents and similar separate data files owned by the Company. This data collection service is subject to a separate agreement between the Parties and separate fees charged according to the Price List.
Links to sites, services or content other than those controlled by Jakamo are provided for convenience only. Links to those sites, services or content does not imply that Jakamo endorses the site, service or content. Jakamo assumes no responsibility for the accuracy of the information provided by those sites, services or content nor the policies, nature, security or reliability of those sites, services or content.
Users may create links in the Service. Jakamo is not responsible for such links.
Companies and Users are encouraged to submit ideas, proposals or other feedback to Jakamo.
Jakamo has right to assume that the feedback does not contain confidential or proprietary information and Jakamo has no obligation of confidentiality with respect to the feedback, if not expressly mentioned otherwise in the feedback. Jakamo may freely use, distribute, publish, exploit, develop or modify any feedback without compensation or obligation of any kind.
The Terms and any official documentation are provided in English. Jakamo may provide translations into other languages for information purposes only.
If there is any discrepancy between the English version and any other version, the English version shall prevail.
10.5 Notices by Jakamo
A written notice by Jakamo to the Company shall be deemed duly served when the notice is (i) delivered to the Service and the Company Administrator has observed it; (ii) sent by email to the email address associated with the Company Account; (iii) sent by email to the email address associated with the Company Administrator’s User Profile; or (iv) delivered otherwise in writing to the Company Administrator or to a legal representative of the Company.
A written notice by Jakamo to the User shall be deemed duly served when the notice is (i) delivered to Service and the User has observed it; (ii) sent by email to the email address associated with the User Profile; or (iii) delivered otherwise in writing to the User.
Any other notice by Jakamo shall be deemed duly served when (i) published within the Service; (ii) posted on a named website; or (iii) delivered in the same manner as written notices.
Jakamo is responsible for delivering a notice or other information only if expressly stated in the Terms.
Jakamo may freely use affiliates, distributors, suppliers or other subcontractors.
Jakamo is responsible for the performance of its subcontractors as for its own performance.
10.7 Export or import restrictions
Parties are aware of the fact that states or authorities may impose export or import restrictions that hinder or forbid the provision of the Service. Jakamo promptly notifies the Company of any such restrictions imposed by the Republic of Finland or Finnish authorities.
The Company agrees to comply with the trade laws and regulations, if any, applicable to the Service or the Content. The Company agrees not to provide the Service or the Content to a third party if doing so would violate the trade laws or regulations.
10.8 Limitation of liability
Jakamo is not responsible for any damages caused by any Company, User or third party or any third party service, software or software component. Jakamo is only liable for direct damages caused by Jakamo with intent or in a negligent breach of the Terms. Under any circumstances, Jakamo shall not be liable for any indirect, special, punitive, exemplary, incidental or consequential damages. Indirect damages mean, for example, loss of use, data, business, turnover or profits, or damage caused due to decrease or interruption in production.
The maximum aggregate liability of Jakamo, whether in contract, warranty, product liability, strict liability or other legal theory, shall in no event exceed the fees, excluding value added tax, paid by the Company during the last three (3) months prior to the date of claim.
10.9 Force majeure
Neither Party shall be liable for any delay, failure or damage caused by a force majeure event. The force majeure event shall mean an impediment beyond the control of the Party and which the Party could not have reasonably taken into account at the time of the conclusion of the Service Agreement and whose consequences the Party could not reasonably have avoided or overcome, for example, acts of God, war, riot or insurrection, terrorism, cyber-attack, epidemic, earthquake, fire, flood or other similar catastrophe, interruption in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action or labour dispute or supply shortage. A strike, lockout, boycott or other similar industrial action or labour dispute shall be considered a force majeure event even when the Party is a party to such action or dispute. A force majeure event suffered by a subcontractor of the Party shall also be considered a force majeure event of the Party.
The Party shall inform the other Party of a force majeure event and the termination of it in writing and without undue delay. The obligations and rights of the Party shall be extended on a day-to-day basis for the time period equal to the duration of the force majeure event.
Jakamo may amend the Terms. The Company and the User, if applicable, shall be informed of the amendments in writing at least one (1) month prior to their entry into force. If the Terms have been amended to the detriment of the Company, the Company has right to terminate the Service Agreement without a period of notice within one (1) month of the date of notification. If the Terms have been amended to the detriment of the User, the User may close the User Profile. Use of the Service after one (1) month of the date of notification constitutes acceptance of said amendments.
Any other amendment to the Service Agreement shall be made by using a written document duly signed by both Parties in order to be valid.
Jakamo may assign the Service Agreement and the Service fully or partially to a third party. The Company and the User, if applicable, shall be informed of any such assignment in writing at least one (1) month prior to its entry into force. Use of the Service after one (1) month of the date of notification constitutes acceptance of said assignment.
The Company may not assign the Service Agreement without Jakamo’s prior written consent. However, a legal entity may appoint a new person to represent the Company. Any assignment without Jakamo’s written consent will be null and void.
10.12 Entire agreement
The Terms constitute the entire agreement between the Parties with respect to the subject matter of the Terms. The Terms supersede and replace any other prior or contemporaneous agreements, undertakings, terms and conditions regarding the subject matter.
10.13 Validity and interpretation
If a provision of the Terms is found to be invalid or unenforceable, it has no impact to the validity or enforceability of the remaining provisions of the Terms. The invalid or unenforceable provision will be replaced with a new valid and enforceable provision that reflects the intent of the invalid or unenforceable provision as closely as possible.
If it is stated in a provision of the Terms that a Party may do something, it means that the Party has a right but no obligation to do it. The Party can, at its sole discretion, exercise the right or not. Nevertheless the Party exercises the right or not, the Party has no obligation to inform the other Party or any liability, if not expressly stated otherwise in the Terms.
The provisions of the Terms that are intended to survive termination of the Service Agreement remain valid also after the termination.
Jakamo’s decision not to enforce or failure to enforce a provision of the Terms is not a waiver of Jakamo’s rights to do so later.
10.14 Governing laws
The Service Agreement, the relationship between the Parties, the relationship between Jakamo and the User and the provision of the Service shall be construed, governed and enforced by the laws of Finland, excluding its rules for choice of law or conflict of laws.
Any dispute, controversy or claim resulting from, arising out of or relating to (i) the Service Agreement, (ii) the relationship between the Parties, (iii) the relationship between Jakamo and the User and (iv) the provision of the Service shall be submitted to the exclusive jurisdiction of the Helsinki District Court, Finland. A verdict of the district court may be appealed in accordance with the laws of Finland.
The Company agrees to try to resolve a dispute informally by contacting Jakamo in writing before filing a suit against Jakamo. The suit may be filed, if the dispute is not resolved within one (1) month of the first written complaint delivered to Jakamo.
10.16 Contact information
Jakamo’s contact information valid on the date of these Jakamo Service Terms:
Business ID: 2475188-8
VAT Number: FI24751888
Address: Keskuskatu 10 C 18, 60100 Seinäjoki, FINLAND
The valid contact information is available on the website www.jakamo.net.
Jakamo is registered in the Finnish Trade Register with Business ID 2475188-8. The Finnish Trade Register is kept by the Finnish Patent and Registration Office.