(hereinafter “Terms”)
Last updated: 16 April 2020
Contact information for service provider:
Kanijo Oy
Korkeavuorenkatu 7, 00140 Helsinki, Finland
info@pisarasi.fi
1. General
By registering for the PISARASI service (hereinafter “Service”) or by downloading an app (hereinafter “App”) for the Service onto your device, you accept these Terms and agree to comply with them. In the event you do not accept the Terms, you must immediately cease to use the Service and remove the App from your device.
Kanijo Oy has developed the Service in connection with the COVID-19 pandemic of spring 2020. The purpose of the Service is to help members of the public and healthcare professionals to trace the contacts of potentially infected persons. The Service allows members of the public to collect information about their own movements and social contacts and, when necessary,
transmits this information to those responsible for treatment or prevention of infectious diseases. The purpose of these Terms is to provide for your use of the Service as well as your rights and duties with regards to the Service.
2. Amendments
Kanijo Oy may from time to time make amendments to the Service, App or Terms by notifying you of said amendments by email or through the Service. In the event you continue to use the Service after being notified of an amendment, you are deemed to have accepted said amendment. There may be interruptions in the availability of the Service or App for example due to the need to update, amend or repair the Service or App. Kanijo Oy seeks to inform users of the above in advance in so far as possible.
3. IPR and License Grant
Intellectual property rights in and title to the Application and Service as well as, e.g., the source code, programs, images, text content, databases and trademarks relating thereto belong either to Kanijo Oy or its licensors. All rights are withheld unless expressly provided otherwise in these Terms. The source code for the programs relating to the Service and App
are protected by copyright, international copyright treaties and other applicable intellectual property rights.
Under these Terms, Kanijo Oy grants you a non-exclusive, non-assignable right to use the Service and App until the license ends pursuant to Section 12. Your right to use the Service and App commences upon accepting these Terms, for example by registering for the App or Service or by launching the App or Service.
4. Restrictions
You must abide by the following restrictions in using the App and/or Service.
In the event you breach one of the terms below, Kanijo Oy can terminate your right to use the App/Service under Section 12.
- You undertake not to install or use the App or Service in a way that breaches these Terms or other instructions from Kanijo Oy.
- You undertake not to provide copies of programs relating to the App or Service in any form whatsoever to third parties or to otherwise provide access to said programs or the App to third parties.
- Your account is personal and you undertake not to provide access to your account or to your account password or user name to third parties.
- You are prohibited from changing, translating, renting, sub licensing, selling or sharing the Service or App or any program or documentation or parts thereof relating to the same to third parties. Furthermore, you are prohibited from creating imitations of the App, Software or any parts of the same and from providing such imitations to third parties.
- You undertake not to convert the App or any other program relating to the Service into human readable form or otherwise not to decompile or reverse engineer the same.
- You undertake not to use the Service or App or the documentation relating thereto for any other purpose except for using the App or Service.
- You undertake not to use the App or Service in a way that might impede the availability or functioning of the App or Service for other users, or that might hinder the ability of Kanijo Oy to maintain or provide the Service, for example by carrying out a distributed denial of service attack against the Service.
5. Maintenance
The liability of Kanijo Oy is limited to damage incurred by you due to Kanijo Oy’s grossly negligent or intentional actions, unless otherwise provided under the applicable mandatory consumer protection legislation.
In any event, Kanijo Oy is not liable for any indirect or consequential damage incurred by you or a third party relating to tor caused due to use of the App or Service, for missing or damaged data, or for damage caused due to interruptions in service or availability of the App or Service. Furthermore, Kanijo Oy is not liable for any damage incurred due to
use of the App or Service that is in breach of these Terms or any instructions from Kanijo Oy or due to the user’s own errors or neglect, or in the event the damage in question is caused by a third party.
For the avoidance of doubt, Kanijo Oy seeks to keep the availability of the App and Service at a good level, but gives no representations or warranties with regards to the functioning or the availability of the App or Service or their fitness for any general or specific purpose, for any errors in the App or Service being repaired quickly or at all, for non-infringement of third party rights by the App or Service, or any other representations or warranties with regards to the App or Service. You understand and accept that the Service or App may not always be available in part or in whole due, e.g., to the need to update or repair the App or Service or compatibility problems relating to your device, and you undertake not to make claims against Kanijo Oy with regards to such interruptions in availability.
Kanijo Oy seeks to repair any defects as soon as possible, not does not undertake to carry out such repair within any specified period of time.
6. User’s Data
The user can store data into the Service, e.g. concerning the user’s contacts or movements. You are solely responsible for all content you have created, modified or stored using the Service or App. You are furthermore solely responsible for your use of the App and Service.
By using the Service, you accept that the data you have stored into the Service may from time to time be removed or modified in connection with changes to the Service or App, or for example if your right to use the App or Service is terminated or expires.
Kanijo Oy may grant access to the information listed above to authorities or other third parties in the event Kanijo Oy is obligated to grant access to the data by a legally binding authority or court order.
7. Data Transfer Expenses
You understand and accept that your use of the Service, in particular your use of the data storing capabilities of the Service, may incur data transfer expenses depending on your device and internet connection, and that you are solely responsible for such expenses.
8. Data Security
Kanijo Oy endeavours to protect the data stored into the Service and to provide a safe framework for transfer and use of the data i question. However, data breaches are possible regardless. Kanijo Oy emphasises that its security measures do not provide infallible protection against illegal data capture attempts or data breaches for example when storing or transferring data, particularly in the event that there are shortcomings in the data security of your browser or device.
You confirm that you understand that use of the Service requires diligence on your part. In particular, you undertake to keep your username and password secure in such a way that third parties are unable to log onto your account.
9. Personal Data and Cookies
The data controller for the personal data in the Service is Kanijo Oy. Your personal data shall be collected and processed in connection with the Service in accordance with the EU General Data Protection Regulation (GDPR) and as further provided in the privacy policy of Kanijo Oy: XXXXXX (URL). By using the service, you understand and accept the collection and processing of your personal data as provided above.
The Service uses cookies, further information on which can be found in the privacy policy referred to above. By using the Service, you consent to the use of those cookies necessary to provide the Service.
The personal data representative of Kanijo Oy:
Product Owner
Katariina Pirttijärvi
katariina.pirttijarvi@pisarasi.fi
10. Implementing the Service
You are solely responsible for all actions necessary to implement and use the Service as intended, including ensuring that you are using the most up to date version of the App and Service, installing the programs needed for the App or Service onto your device, and using a device and/or browser that is compatible with the App or Service.
11. Additional Terms Concerning Website
Kanijo Oy or its partners may maintain a website relating to the Service. The use of said website may be subject to additional, separate terms of service that you must accept in order to use said website.t For the avoidance of doubt, Kanijo Oy is not liable for the website of any third party or any damage or defects incurred thereby.
12. Termination/Expiry of License
Kanijo Oy shall have the right to terminate your right to use the Service and App with immediate effect in the event you breach these Terms. You will have no right to compensation or other redress incurred due to such termination.
In the event your license is terminated or expires for any reason, Kanijo Oy shall remove access to the data and content you have stored on the Service, and shall permanently remove or archive said data and content. Furthermore, you undertake to remove the Application and any other programs relating to the Service from your device.
13. Governing Law
These Terms shall be governed by Finnish law except for its conflict of laws provisions.