FIMX SERVICE - THE TERMS AND CONDITIONS OF USE FOR USERS
Background and Purpose
FIMX Oy, Business ID 0946189-0 (hereinafter referred to as “FIMX”), shall be responsible for the maintenance and development of and any amendments to the FIMX software. The Software shall be used on a software-as-a-service basis via an Internet browser used to access the service (hereinafter referred to as “the Service”), which is hosted on server equipment that FIMX is responsible for.
A user is a natural person who has registered to use the Service (“User”).
Each User must accept these binding terms and conditions of use (“Terms and Conditions”). The use of the Service is not permitted otherwise. The User is considered to have accepted the Terms and Conditions when for the first time logging on to the Service with his/her user ID.
As a rule, FIMX shall not invoice the User for registration or the use of the Service. The Service can also be used by companies or organisations that have registered to use the Service (“Partner(s)”). The Service also includes paid functions. The Service will offer advance notification of a function being paid and, for example, requires the User to approve the Terms and Conditions concerning Partners.
General Information on the Use of the Service
The Service relies on the data provided by the Users or Partners (“Data”). FIMX is responsible for ensuring that reports and other Service outputs are calculated correctly using the appropriate formulae, based on the Data.
If the Data is incorrect, inaccurate or otherwise defective or illegal, the User must inform FIMX of the matter. FIMX is not responsible for verifying or augmenting the Data. The User and/or Partner alone shall be liable for the correctness and legality of the Data they have submitted.
However, FIMX will remove from the Service any obsolete or inaccurate personal data it may detect.
Operational Environment and Faults
The Service can be used with the most recent versions of the most common browsers, as may be specified by FIMX.
FIMX does not guarantee that the Service is available to the User without interruption and is not liable for any damage caused by Service interruptions. However, FIMX will take reasonable action to minimise interruptions. FIMX’s liability for defects in the Service is limited to replacing the defective component. FIMX will try to rectify any defects as soon as reasonably possible.
In the event of Service disruptions, the User must primarily contact FIMX’s maintenance and support service (email@example.com) and, secondarily, the Partner in connection with whose information the disruption occurred.
Authentication, User ID and Password
The User will register a user ID and password for the use of the Service, on the basis of which the User is identified and with the help of which the Service can be used.
The user ID and password are personal. The User may not disclose his/her user ID and password to a third party. The User undertakes to keep his/her user ID, password and any other additional certificate carefully and separate from each other so that they are not accessible to third parties. The User alone is responsible for damage caused by the unauthorised use of the user ID.
The User must keep up-to-date the personal and contact details he/she has given at the time of registration in order to allow the fluent and practical use of the Service. FIMX will, at reasonable intervals, remind Users of the need to update their information. FIMX is not liable for any damage caused by the User’s inadequate or incorrect contact details.
If necessary, the User must personally remove any access rights granted to the User by a Partner on the basis of, for example, employee status, if the User is no longer entitled to access such Data.
Intellectual Property Rights, Data Protection
FIMX holds all rights to the Service (ownership, copyright and other intellectual property rights). The User has only the use rights granted by FIMX under these Terms and Conditions (or the Data access rights expressly provided by a Partner in connection with the Service). The Partner is entitled to use Data submitted and recorded by the User on the Partner’s behalf.
The Service and FIMX’s working methods include trade secrets of FIMX or third parties. Trade secrets include the designs of software programs, structural formulae and logic, the programming techniques employed, and documentation. It is prohibited to copy, change, translate or reverse engineer the Service or to decode/examine the source code. The User is aware that this is a shared Service (and not a single, user-specific copy of a software) and that the mandatory provisions of the Finnish Copyright Act regarding compatibility can therefore not be applied to the Service. The User shall agree to not remove or alter copyright indications in the Service or FIMX’s trademarks, or other indications pertaining to the intellectual property rights of FIMX or its principals.
The Data recorded in the Service is processed in accordance with the operating principles of the Service and the confidentiality and use of the Data are determined accordingly with specific consideration to the provisions of Section 7 (FIMX’s Principles on Information Sharing). The User understands that the Service may include the recorded data of other Users, Partners or FIMX that is deemed to be confidential.
The User shall maintain strict confidentiality of the materials it has obtained and all information that is either indicated as confidential or should be understood as such (such as trade and professional secrets, which include but are not limited to the detailed structure of the Service, programming techniques and logic, database structures and customer information).
However, the confidentiality obligation shall not apply to materials or information, (a) that is generally available or otherwise public; (b) that the User has obtained from a third party without being subject to confidentiality; (c) that was in the possession of the User without being subject to confidentiality prior to receiving the information from the Service; or (d) that the User has independently developed without utilising materials or information obtained from the Service.
The rights and obligations pertaining to these provisions shall remain in effect even after the right of use has terminated.
FIMX’s Principles on Information Sharing
Each User and Partner and other party using the Service agrees to the following principles governing the information sharing in connection with and in the Service:
Any party who records or stores Data in the Service is responsible for having the right to take such action. This means, for example, that no Data that is illegal and/or contrary to good conduct may be recorded or stored in the Service, nor can Data that is protected by intellectual property rights be recorded or stored in the Service without permission. The company that the User represents, or the User (as applicable), is liable, at its own expense, for any conflicts pertaining to recorded or stored Data, and the costs and compensation arising from such conflicts. FIMX is not in any part responsible for the correctness or legality of Data recorded or stored to the Service by Users.
FIMX has the right to process and report Data. Some specific Data included in the Service is public and thereby freely available to everyone. However, access to some Data is restricted because the Data is deemed confidential and cannot be disclosed to parties other than the concerned Partners or Users. FIMX can always submit reports to Partners or Users acting on behalf of Partners regarding Data that directly or indirectly concerns the Partner. Data can invariably be used in compliance with the purpose of the Service and in order to develop FIMX’s services; however, no Data is used for thirdparty marketing.
Compliance with the data protection regulations. All operations of the parties must comply with the applicable provisions of General Data Protection Regulation, Data Protection Act and other applicable legislation and may not disclose any sensitive personal data through or from the Service without special justification. The User and Partner are both aware that the use of the Service requires processing personal data. If they wish to restrict the processing of personal data, the use of the Service may no longer be possible.
Limitations of Liability
Within the limits of mandatory legislation, FIMX shall not be liable for any direct or indirect losses. FIMX shall not be held liable for the services and products or actions of other service providers.
Validity, Alterations and Amendments
The right of use begins when the User has accepted these Terms and Conditions. The right of use remains valid until further notice.
FIMX has the right, subject to providing appropriate notification, to alter the Service or amend the terms of this document, the content of the Service, the service selection and the service prices. If such alterations or amendments do not result in materially increased obligations or materially reduced rights for the User, or if they are due to legislative changes or decisions by the authorities, FIMX has the right to implement such alterations or amendments without advance notification. If an alteration or amendment materially increases the obligations or materially reduces the rights of the User, FIMX must provide notification of the alteration or amendment in writing fourteen (14) days in advance. If a User uses the Service after an alteration has taken effect, the User is deemed to have approved the change.
FIMX has the right to revoke the right to use the Service with immediate effect if the User is in material breach of these Terms and Conditions or other terms and conditions concerning the Service, or if the User does not approve an amendment or alteration referred to in Section 9.2.
FIMX has the right to discontinue delivery of the Service if (a) the User fails to comply with these Terms and Conditions and does not rectify the breach (if the breach can be rectified and provided that the breach is not material in nature, in which case the notification obligation does not apply) without delay after being notified of the breach; or (b) FIMX has reason to suspect that the Service is used for illegal activities or in a manner that may cause damage or the risk of damage, create a disruption, or compromise the security of the Service.
These Terms and Conditions are subject to Finnish law, excluding its choice of law rules. Any conflicts between the parties will be primarily resolved through negotiation. If resolution by negotiation is unsuccessful, any conflicts shall be resolved by the District Court of Helsinki as the court of first instance.