1 General

1.1 This agreement (hereinafter ‘Terms of Use’) concerns the JonglaFree service (‘Service’) produced and maintained by Jongla Oy (‘Producer’) and the terms and conditions of its use in the relationship between Producer and the person using the Service (‘User’), unless specifically or otherwise agreed with User (‘Special Terms of Use’). User agrees to use the Service in accordance with these Terms of Use.

1.2 JonglaFree (‘Service’) is a consumer service for sending and sharing image and video messages. Use of the Service requires registration and acceptance of these Terms of Use and compliance with same when using the Service. The Service is funded through advertising and is free of charge for consumers.

User must nevertheless ensure that he/she has a fixed-charge data transfer subscription with his/her service provider. Otherwise, User’s service provider will charge User data transfer fees as per the service provider’s current tariff.

1.3 The Service enables the use of or subscription to products and services provided by third parties (‘Service Provider’). Service Providers are responsible for their respective marketing, products, services and materials. The use of these services or products constitutes an agreement directly between User and Service Provider, and Producer shall not be considered a party to any such agreement and shall not be held liable for the products, services or materials therein covered or any information published on same, regardless of whether the Service Provider’s website is technically located on Producer’s server or on some other server.

2 Registration and signing of agreement

2.1 When registering for the Service, User must be 18 years of age or older; if not, User must have permission from a guardian or legal representative to use the Service. User must have his/her mobile phone service provider’s consent to use the Service. An agreement concerning the Service is considered to have been signed when User has registered for the Service using a user ID and password issued by Producer to User and has accepted the Terms of Use of the Service and the separate Code of Conduct for the Service.

 

3 User data and User ID

3.1 For each User, their mobile phone number serves as a unique identifier. User may select a user ID of his/her choice when registering for the Service. All messages sent are signed with the user ID. Producer is not responsible to provide the Service to any other than the registered phone number and with its related password. If User’s phone number changes or he/she forgets the password, User must notify Producer immediately in order to be issued a new user ID or password. User IDs and passwords are personal and may not be transferred to a third party. User is responsible for any action taken in the Service using his/her user ID and password.

3.2 Producer may change User’s user ID or password if so required by official regulations, technical or service-related reasons concerning the provision of the Service, or data protection reasons. Producer shall notify User in advance of such changes if reasonably possible.

3.3 User shall immediately notify Producer if User’s user ID or password is disclosed, or there is reason to believe it has been disclosed, to a third party. This notification shall be submitted to Producer’s customer service. User’s liability for actions taken using his/her user ID and password shall be void insofar as such actions were taken after the aforementioned notification was received by Producer. In such a case, Producer shall be entitled to cancel User’s Service immediately.

3.4 By accepting these Terms of Use, User consents to Producer using User’s personal and other data and transferring them for profiling purposes to third parties advertising in the Service. Pursuant to the Personal Data Act, User shall be entitled to access the data on him/her entered in the Service.

4 Responsibility for Service availability

4.1 Producer endeavors to ensure that the Service is available without interruption. However, the Service and the agreement regarding the Service are valid indefinitely, and Producer may terminate the agreement or discontinue the Service or any part thereof at any time. Producer shall not be liable for interruptions, data transfer disruptions or resulting delay in the transfer of information or alteration or destruction of information caused by technical faults, disruptions in computer or telecommunications systems, malware, maintenance or installation; nor for direct or indirect damage caused by the amendment, discontinuation or content of the Service; nor for the permanence, preservation, damaging or misuse of files posted or shared by User in the Service or any similar undesirable occurrence affecting said files.

4.2 User is aware that data posted in the Service are vulnerable to disruptions and faults in information networks, servers and telecommunications and that any or all files posted in the Service may be destroyed. Producer shall not be held liable for any damage to such files, and User acknowledges that the purpose of the Service is not to provide safe storage for files, only to facilitate the sending of files within its operating parameters.

5 User’s rights and obligations

5.1 User shall be responsible for any and all use of the Service using his/her user ID and password. User shall also be responsible for any material submitted to Producer, other Users and third parties. Specifically, User undertakes to ensure that any material posted or stored by User in the Service does not violate copyright or any other immaterial rights.

5.2 User is entitled to use the Service in accordance with the law, other regulations and good practice.

5.3 Producer may separately offer User the right to use the Service to promote User’s enterprise and market User’s business and provide marketing or other material for this purpose through the Service. If User uses the Service for marketing his/her business or other promotional purposes and/or delivers marketing material or similar material to several third parties using the Service, User must particularly observe the provisions of law and good marketing practice concerning such activities and materials. Responsibility for complying with these requirements rests solely with User.

5.3 User shall be liable for full compensation for any damage caused by a breach of these Terms of Use, negligence in complying with same or any other matter mentioned in these Terms of Use as being the responsibility of User.

5.4 The Service may contain material subject to copyright, trademark or other immaterial rights. The Service in itself is copyright-protected as per current copyright legislation. User shall not be entitled, without specific permission in writing from the author, rightholder or Producer, to distribute, publish, copy, circulate or otherwise commercially exploit protected material except in special cases allowed by law. In such cases, the name of the author or rightholder must be published. User may not use the Service or any part thereof in any other way than those defined in these Terms of Use without specific written permission from Producer.

5.5 User shall be responsible, at his/her cost, for obtaining and maintaining the equipment, software and telecommunications connections required for using the Service and for any other costs caused by the use of the Service, and for the compatibility of the above with the current version of the Service.

5.6 User acknowledges that the persons with whom he/she shares text, images and/or video clips may distribute them further.

5.7 User shall not use the Service for subscribing to or using text message services or other services that charge a fee. User shall be held liable for any damage caused by using such a service.

5.8 User shall not use the Service for the purpose of using his/her own or a third party’s fundraising phone numbers or for any other fundraising purposes. User shall be held liable for any damage caused by using such a service.

6 Producer’s rights and responsibilities

6.1 Producer has ownership and all other rights in the Service. Producer shall be entitled to change the Service, its content, purpose, availability and the technical specifications for its use at any time. Producer shall be entitled at any time, at his sole discretion and without advance notification, to revoke User’s user ID and password and User’s registration. Producer does not offer Users support services related to the Service, but aims to respond to inquiries concerning the Service to the best of his ability on weekdays between 09:00 – 16:00 local Finnish time (UTC/GMT +2 hours).

6.2 Producer shall not be liable to User or to any third party regarding any feature of the content or functionality of the Service. Producer shall be entitled at any time to impose limits on the number of messages allowed to User and limits on file sizes.

6.3 User posts materials to the Service and is responsible for their content. Producer shall not be held responsible in any way for any material posted by User to the Service or its authenticity or for whether User is legally entitled to distribute the material, or for any other issues related to the material. The same also applies to any data or file sent by User. Producer shall not be held responsible for any information received by User through the Service from third parties or for any copyright infringement thereby involved or illegal content therein. Producer shall not be held responsible in any way for the content of messages or texts written by User.

6.4 Producer does not monitor or otherwise control the content of the Service. However, Producer has the right – but not the responsibility – to remove any material of which he/she considers inappropriate at any time and without consulting or informing User. If the Producer is made aware that any material sent by User violates the privacy of a third party or is libelous against a third party, Producer undertakes to remove such material from the Service insofar as it is reasonably possible. Producer shall be entitled to deliver any illegal or inappropriate material to the legally competent authority. Producer shall be entitled to exclude User from the Service and block User from the Service without consulting User if User has submitted false user information or has violated these Terms of Use, the law or common decency. Producer shall also be entitled to require User to change his/her password if Producer has just cause to suspect that User’s password is no longer in reliable hands.

 

7 Compensation for costs and damages

7.1 User shall not be compensated for indirect damage under any circumstances whatsoever.

7.2 If User deliberately, or ignoring a reminder from Producer, uses hardware or software that is faulty or causes disruptions, User shall be liable to compensate Producer for any damage and for any costs incurred in finding the faults caused.

 

8 Changes to the Terms of Use and transfer of obligations 

8.1 Producer shall be entitled to change the Terms of Use of the Service. User shall be notified of such changes in writing, by e-mail or through the Service. Updated and current Terms of Use are available to User at the Service website, www.jongla.com. Changes enter into force immediately. If User continues to use the Service after a change to the Terms of Use, User is considered to have accepted the amended Terms of Use.

8.2 Producer shall be entitled to transfer the agreement concerning the Service or the maintenance of the Service or any part thereof to a third party without notifying User in advance. However, such a third party must accept the then current Terms of Use and thereby become Producer as referred to herein. User shall not be entitled to transfer his/her rights concerning the Service under this agreement to a third party.

 

9 Force majeure

9.1 A strike, lockout, fire, telecommunications failure, official order or any other circumstance (a natural and unavoidable catastrophe that interrupts the expected course of events)beyond the control of Producer (force majeure) shall relieve Producer of the obligation to comply with these Terms of Use for the duration of that circumstance.

10 Language versions

10.1 These Terms of Use are written in Finnish and may be published in other languages too. In case of a conflict between a foreign-language version and the original Finnish version, the original shall apply.

 

11 Disputes and applicable law

11.1 This agreement shall be governed by and interpreted in accordance with Finnish law. Any disputes regarding the Service, its use and its Terms of Use that cannot be resolved by negotiation between the parties shall be submitted to Helsinki District Court in Finland.

 

 

Producer’s contact information:
Jongla Oy, Hietalahdenranta 15 A 15, FI-00180 Helsinki, FINLAND. www.jongla.com
Business identity code (VAT Reg.): FI 18939817.