These terms of use include the terms and conditions under which Ilona IT Oy offers as a web-based service its GDPR library.
TERMS OF USE FOR BUYERS OF SOFTWARE PRODUCTS
1. Applicability
1.1 These terms of use apply to a user who uses Ilona IT Oy's (hereinafter "Ilona" or "service provider") GDPR library (hereinafter "service") to evaluate software products. By using the service, the user accepts and undertakes to comply with these terms of use. The service is intended for corporate, organizational and other legal entity customers, not consumers.
2. Service provider
2.1 The service has been developed by Ilona IT Oy, a Finnish ICT retailer and software developer, which (alone or together with its licensors) owns the platform's intellectual property rights, grants users access and usage rights to the service.
2.2 Service provider's contact details:
Ilona IT Oy
Business ID: 2319462-9
Energiakuja 3, 00180 Helsinki, FINLAND
Email: asiakaspalvelu@ilonait.fi
Internet: www.ilonait.fi
3. Description of the service
3.1 The service is a web-based service that buyers of software products can use when evaluating software products, especially from the point of view of data protection. The service contains software products from several different manufacturers and provides ready-made answers to questions about data protection. Software suppliers, on the other hand, can use the service to provide information about their own products. The information provided in the service is largely based on information provided by the software suppliers. As a rule, Ilona does not check the information entered into the service by software suppliers.
4. Changes to the service and these terms
4.1 The service provider reserves the right to make changes to these terms and conditions and the service. The service provider informs about essential changes to these terms and the service on its website and/or by e-mail or through the service. The changes will enter into force at the announced time. Unless a separate date for the entry into force of the change has been specified, the change will enter into force when the change is made. By continuing to use the service after the terms or the service have been changed, the user is deemed to have accepted the changes and committed to comply with the changes. If the user does not accept changes to the service or the terms, the user must stop using the service.
5. Use of the service
5.1 The use of the service requires the conclusion of a user agreement, the acceptance of these terms and the creation of a personal user account. The user receives the right to use the service in accordance with these conditions for the duration of the contract. The user is responsible for ensuring that the information it provides to create a user account is correct, sufficient and truthful.
5.2 The username and password for the service is personal. Usernames may not be handed over to anyone else and some other user's username may not be used. The user is responsible for keeping its user name secure. The service provider has the right to delete usernames or prevent the use of usernames if it reasonably suspects that the confidentiality of usernames has been compromised, the user does not comply with these terms or otherwise acts fraudulently.
5.3 The user undertakes to use the service in accordance with these conditions, the law and good practice. If the service provider has reason to suspect that the user has not complied with these terms or the applicable legislation, the service provider has the right to remove access, limit it or take other measures it deems necessary.
5.4 The user may use the service and the information it contains only for the internal software evaluation purposes of the user's own organization. User may not (a) use or attempt to use another's user account; (b) copy, modify, or create derivative works of the service, technology related to it, or information contained therein; (c) create a user account for the service using another person's personal information or otherwise incorrect or fake information; (d) transfer the right to use the service to another person; (e) sell, transfer, publish or resell the service or the information contained therein.
5.5 The service provider can temporarily suspend the production of the service or access to the service or limit its use, for example in connection with updates or other service maintenance. The service provider is not responsible for any harm or damage caused by the interruption of the use of the service.
6. Fees and payment terms
6.1 The use of the service is subject to payment of applicable fees. However, the service provider can, for example, offer limited-time or functionally limited, free access rights or the service at a promotional price, for example for trial purposes.
6.2 The fee charged for the use of the service, the basis for its determination and the service provider's payment terms are determined in accordance with the contract, the service provider's offer or order confirmation, or the service provider's price list and invoicing practices valid at any given time.
6.3 Unless specified otherwise, the fees for the use of the service provider's service are exclusive of value added tax, which is added to the fee to be paid by the user in accordance with the applicable tax laws.
6.4 The service provider has the right to update its price list and the basis for determining the fee by notifying it at least one (1) month before the intended change.
6.5 Unless the service provider specifies otherwise, the payment term for the service provider's invoices is 14 days from the date of the invoice.
6.6 Late payment interest is determined in accordance with the Interest Act. Failure to pay the invoice may also result in the termination of the user account.
7. Devices, software and data connection
7.1 Use of the service requires a device, a web browser and a data connection. Although the service has been tested before publication and is tested regularly, the service provider cannot guarantee that the service will work without interruption or error-free or on all possible web browsers, operating systems and devices.
7.2 The user is responsible at its own expense to acquire the device, data connection and software required to use the service.
8. Intellectual property rights
8.1 The service (including any changes made to it as well as updates and corrections) and the materials it contains are works protected under copyright laws, the copyright of which belongs exclusively to the service provider or its licensors. The service may also include other intellectual property rights, such as trademarks, patents and design rights or trade secrets, which also belong to the service provider or its licensors. The service provider does not assign or transfer any intellectual property rights to the user, the user only gets a limited right to use the service in accordance with these terms.
8.2 The information about software products listed in the service may also contain, for example, materials protected by copyrights or trademarks, the rights holder of which is the applicable software supplier.
9. Personal data and data protection
9.1 The service provider processes users' personal data in accordance with its privacy statement, which is available on the service's website.
10. Limitation of liability
10.1 The service provider does not give any guarantees that the service will work flawlessly and without interruption. The service is offered to the user on an "as is" basis. The service provider does not give any guarantees about the results that may arise from the use of the service or the suitability of the service for a specific purpose. The service provider is not responsible for the correctness, adequacy or accuracy of the content presented in the service, as the service provider does not, as a general rule, check the information entered into the service by software suppliers. The service provider is not responsible for any decisions, evaluations or choices made based on the use of the service, the user itself is responsible for the decisions, measures or choices that he may have taken based on the information and materials contained in the service.
10.2 The service provider is not responsible for any use or prevention of use of the service or indirect or consequential damages caused by contract violations, including loss of income or turnover, business interruption, business losses, missed sales, loss or corruption of information or data, and missed profits.
10.3 Unless otherwise determined by mandatory legislation, the aggregate cumulative liability of the service provider is limited to the calculated average monthly fee excluding VAT multiplied by two.
10.4 These limitations of liability apply to the extent permitted by mandatory legislation.
11. Term and termination
11.1 These terms and conditions apply as long as the user uses and/or the service provider offers the service and the contract for the use of the service is valid. Unless otherwise agreed, the service provider and the user can both terminate the contract regarding the use of the service in writing with a notice period of one (1) month. Fees already paid for the use of the service will not be refunded upon termination of the contract.
11.2 The service provider can also terminate the contract immediately or with a shorter notice period for a reason it deems justified, if the payment of fees for the use of the service is neglected or if the user uses the service or acts contrary to these terms, legislation or good practice or violates the contract.
11.3 When the agreement terminates, the user's right to access and use the service also ends. The terms and conditions which by their nature and purpose are intended to survive termination, shall survive any termination or expiration of the contract.
12. Applicable law and resolution of disputes
12.1 The use of the service, these terms and the contract between the service provider and the user is governed by the laws of Finland, without regard to its choice of law rules and principles.
12.2 Any dispute arising between the parties will be settled by amicable settlement. Failing amicable settlement within thirty (30) days of the dispute being referred to the settlement, the dispute will be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce by one (1) sole arbitrator appointed in accordance with those Rules. The arbitration shall be held in Helsinki, Finland and the arbitration proceedings shall be conducted in Finnish or English. The Parties agree to keep confidential all information, documents and material relating to the arbitral proceedings as well as the arbitration award. The service provider shall, however, have the right to bring up any claim, related to an undisputed due receivable from the user, in any district court with jurisdiction.
13. Other terms
13.1 The service provider has the right to use subcontractors in connection with the performance of contractual obligations.
13.2 If the fulfillment of the obligations mentioned in these terms or agreed separately with the user is not possible due to a force majeure event or other reasons beyond the service provider's control, the service provider is released from its obligations without liability for the duration of the circumstances preventing the fulfillment of the obligation.
13.3 The user does not have the right to transfer the contract for the use of the service or its rights and obligations to a third party without the prior consent of the service provider. The service provider has the right to transfer the contract regarding the use of the service in whole or in part, as well as its rights or obligations relating to it, to a third party without the user's consent.
13.4 These terms, together with the agreement, constitute the entire agreement between the service provider and the user regarding the use of the service and supersede all previous or contemporaneous electronic, written or oral communication between the user and the service provider regarding the use of the service.