ACCEPTANCE OF TERMS
Welcome to use DOTAG FAST or DOTAG PRO application provided to you by Premode Oy, registered in Finland with the Business Identity number 2181026-4, address: Puutarhakatu 49, 20100 Turku FINLAND. Tel. +358 44 777 0744 VAT number: FI21810264 (“Premode”).
DOTAG FAST as well as DOTAG PRO application and any related services and integrations, if any, are referred to as (“Application“). The Application is distributed and downloaded from Google Play and consequently, use of the Application is subject to the terms of Google (such as terms of Google Account, Google Privacy terms and any other terms of Google in relation the use of applications downloaded from Google Play), as well as these Terms of Use and Premode’s Privacy Policy. The terms of Google and the terms of Premode (such as these Terms of Use) are subject to change without a prior notice.
“You” refers to you as an individual user having access to the Application. Premode is willing to provide the Application on the condition that You accept all of the terms contained in these Terms of Use. You accept the Terms of Use either by (i) downloading the Application or (i) by or using the Application and/or any content created or used in connection with the Application. By using the Application, You assure and confirm Your irrevocable acceptance of the Terms of Use.
Premode will provide the Application in accordance with these Terms of Use. Premode may at its sole discretion develop and change the Application as well as any related services provided by Premode or its partners from time to time without prior notice.
When downloading or using the Application Premode does not have any access to Your personal data and thus Premode does not collect, use or store Your personal data at all. However, by using Google services Your personal data is collected, used and stored by Google. Consequently, in order to download and use the Application You must review, observe and accept the terms and conditions of Google also in relation to privacy matters. Premode assumes no responsibility or liability arising out or related to the privacy of Google and/or any consequences thereof.
1. Description of the Application and related fees
1.1 Application is a software application for mobile electronic devices such as tablets. The Application is used for making annotations and notes and creating reports. The collected data as well as the reports created by the use of the Application are stored in the memory of the mobile electronic device (“OFFLINE USE”). The downloading and OFFLINE USE of the Application is free of charge.
1.2 You may desire to transfer the report(s) generated by Your OFFLINER USE to Your other electronic devices such as computers or to other persons. Such transmission is available by sending the reports from the Application via internet to Your own or any desired persons email account(s). The transmission of the report(s) is an additional service provided by Premode and subject to charge. In order to pay for the transmission, You need to acquire transmission tickets from the Google Play Appstore (so called inapp purchase). The reports created by Your OFFLINE Usage are sent and accessible only against a valid transmission ticket, each transmission will cost You one ticket.
1.3 When transmitting the reports from the Application, the reports will be sent in PDF format via internet to Premode’s server to be stored on a temporary basis. Upon the arrival of the report to Premode’s server and subject to Your payment of the associated fees, a hyperlink enabling a temporarily access to the report will be provided to the email addresses defined and written by You in the Application. Consequently, the report transmitted from the Application will be downloadable by You and any other persons defined by You within twelve (12) hours from its arrival to Premode’s server. All reports transmitted to Premode’s servers are permanently destroyed after a period of 12 hours from their arrival without any further notice and without any responsibility or liability from Premode to You or any third party.
1.4 The precondition for transmitting any reports from the Application is of course that Your electronic device is connected to the internet. Therefore, You must obtain access to the internet and pay any service fees associated with such access. In addition, You must provide on your own account all equipment necessary to make such connection to the internet and to the Application as well as any services in relation to the previously mentioned.
2. Licensing, Content, Third Party Sites and Services
2.1 Subject to these Terms of Use, Premode grants to You a worldwide, non-exclusive, non-sublicensable, non-transferable and revocable right to use the Application as set out in these Terms of Use . You understand and agree that Your right to use the Application is limited to these Terms of Use.
2.2 The Application may contain information, data, text, drawings, photographs, videos, audio clips, written reports, posts and comments, et cetera, generated, provided, or otherwise made accessible on or through the Application either by You or other users of the Application (“Content”).
2.3 You understand that all Content is the sole responsibility of the person or entity from which
such Content originated. This means that You, and not Premode, are entirely responsible and liable for all Content that You use, upload, download, post, transmit or otherwise make available via the Application or by using the Application.
2.4 You agree that You must evaluate, and bear all risks associated with, the use of any
Content and/or Application, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content in the Application or transmitted from the Application.
2.5 You understand that the technical processing and transmission of the Application, including the Content You have uploaded or entered into or from the Application, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Consequently, the Application and its Content may be changed or even lost partially or totally as result of foresaid and Premode will not be responsible or liable of such changes or losses or any consequences thereof.
2.6 The Application or Premode’s services in relation to the Application may include links or references to third party sites (i.e. other sites than Premode’s sites) and services on the Internet that enable You to interact with sites or services that are owned and controlled by third parties (such as Dropbox, Google Drive and similar services) and that are not part of the Application. You must review and agree to the terms and conditions of these sites and services before using these sites or services. You accept and acknowledge that Premode has no control over the third party sites or services and assumes no responsibility for the services provided or material created or published on these third party sites or services. A hyperlink, interconnection or reference informed by Premode to a third party site does not imply that Premode endorses the site or the products or services referenced in the site or assumes any responsibility or liability of any third party products or services.
3. Proper use
3.1 When using the Application, You agree to the following:
(i) complying with applicable laws, the Terms of Use, relevant guidelines as issued by Premode, and good manners;
(ii) not submitting or using unlawful or otherwise inappropriate Content, or data in any form that infringes copyrights and any other third party rights;
(iii) obtaining any consents, permissions or licenses that may be legally required for You to use, create and submit Content;
(iv) not using any technologies or initiating activities that may harm the Application, any technology or any platforms connected to the Application or its use, or the interests or property of Premode or other users of the Application;
(v) not using any systems or automated systems or means to reverse engineer, decompile, access, acquire, copy or monitor any part of the Application; and not accessing or attempting to access the Application by any means other than through the interface’s provided by Premode.
3.2 By transmitting any Content and reports created by the Application, You agree that Premode may store such Content on a temporarily basis and solely as necessary in connection with the use of Application or in order to improve the Application.
3.3 Any use of the Application including but not limited to any transmissions of reports from the Application to Premode and the temporary storing by Premode are under Your sole responsibility and liability, Your obligation and liability includes all Content, the use and storing of such Content as well as any email addresses provided by you to Premode for the access of such Content and reports.
3.4 Although You are not expressly restricted to use the Application for your private use, the Application is intended to be used by professionals and not consumers or for private use and thus You acknowledge and agree that the consumer laws and related restrictions are not applicable to the use of the Application in any respect.
4. Termination
4.1 Your use of Application is subject to the terms of Google and by breaching the terms of Google, Your use of Application and any services in relation to the Application may be terminated, suspended or restricted in accordance with the terms and conditions set out by Google.
4.2 Without restricting any Premode’s other rights in the subject matter, Premode may terminate, suspend or restrict the transmittance and/or receipt of, and/ or access to any reports created by the use of the Application, if Premode believes that You have breached the Terms of Use or if Premode for whatever reason is compelled to terminate, suspend or restrict the use of the Application.
4.3 You accept and acknowledge that a termination, suspending or restrictions of the use of the Application made by Google or Premode pursuant to chapters 4.1 or 4.2 is without assuming any responsibility or liability towards You or any third party as set out in the Terms of Use chapter 6.
5. Intellectual Property Rights and Indemnification
5.1 You acknowledge and agree that Premode and its licensors own all rights, title and interest, including any copyright, patent, design right, trademark, database right and any other intellectual property rights (whether registered or not, and wherever in the world those rights may exist) (“Intellectual Property Rights”) in and to the Application. Except for Your limited right to use the Application in accordance with the Terms of Use, Premode and its licensors reserve all rights, title and interest in and to the Application, including all Intellectual Property Rights pertaining to the Application.
5.2 The Application may include, or be accompanied with, certain third party software and materials licensed under open source license terms. You accept and acknowledge that Intellectual Property Rights to such software and materials belong to third parties. Rights and obligations relating to such software and materials, including warranties, the rights to use, modify and redistribute are governed by the terms and conditions of the each respective license terms.
5.3 Nothing in these Terms of Use (or any other terms and conditions referred to in these
Terms of Use) grants You any right or license to use, in any manner whatsoever, any Premode’s or its licensors’ trade names, trademarks, service marks, logos, domain names or any other commercial designations or distinctive brand features.
5.4 You agree not to reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Application or any service in connection with the Application without the express and prior written permission by Premode.
5.5 You agree to defend and indemnify Premode, its directors, employees, subcontractors, partners and agents (including but not limited to Google) from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of:
(i) Your breach of the Terms of Use, or the Google terms and conditions,
(ii) Your infringement or violation of any Intellectual Property Rights, other rights or privacy of a third party,
(iii) any misuse of the Application or Content by a third party where the misuse was made possible by Your failure to take reasonable measures to protect the Application, Content or Account against such misuse, or
(iv) Content You have uploaded or entered into the Application.
6 Warranty and Limitation of Liability
THE APPLICATION IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. PREMODE EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NONINFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE APPLICATION IS ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE PERFORMANCE OR USE OF THE APPLICATION. TO THE EXTENT THAT PREMODE MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
EXCEPT TO THE EXTENT THAT DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL PREMODE, OR ANY OF ITS RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES ARISING FROM LOSS OF REVENUE, USE, DATA, OR PROFITS, INJURY TO REPUTATION OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES) WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE.
IF, UNDER APPLICABLE LAW, LIABILITY FOR DIRECT DAMAGES CANNOT BE EXCLUDED (NOTWITHSTANDING THE FOREGOING), THEN THE TOTAL CUMULATIVE LIABILITY OF PREMODE (OR ANY OTHER PERSON) IN CONNECTION WITH THIS AGREEMENT AND THE APPLICATION, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF 50.00 EURO OR THE AMOUNT OF FEES (IF ANY) THAT YOUR HAVE PAID TO PREMODE FOR USE THE APPLICATION GIVING RISE TO LIABILITY AND LIMITED FOR FEES PAID DURING A MAXIMUM OF SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE USE GIVING RISE TO LIABILITY. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT PREMODE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF AN EXCLUSIVE REMEDY UNDER THIS AGREEMENT HAS FAILED OF ITS ESSENTIAL PURPOSE.
7 Other Terms
7.1 The Terms of Use and all matters arising out of the Terms of Use shall be construed and enforced exclusively in accordance with the laws of Finland without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as the Finnish Act Sale of Goods (“Suomen Kauppalaki”) and any consumer laws do not apply to this Agreement.
7.2 Any dispute, controversy or claim arising out of or relating to the Terms of Use, or the breach, termination or validity thereof, shall be primarily solved through negotiations. If resolution to the dispute through negotiations is not reached within thirty (30) days from the start of the negotiations, the dispute shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Central Chamber of Commerce of Finland. The arbitration tribunal shall consist of one (1) arbitrator to be appointed by the said Committee. The award shall be final and binding and enforceable in any court of competent jurisdiction. The arbitration shall be held in Helsinki, Finland. The language of the arbitration shall be English. The arbitral proceedings and award shall be confidential. Either party may file a suit for a claim based on undisputed receivables to the District Court of Turku.
