1.2 Jongla Messaging Service is a service for sending and sharing text messages as well as photos and other pictures, videos, audio, and other content (hereinafter “Content”). Via the Service you may also purchase products and services subject to a fee or credits accrued in connection with the use of the Service. Prices for such products and services are notified separately. Once the delivery of a product or service has been started, you may not cancel the purchase.
1.3 The Service may enable the use of or subscription to products, materials, and services provided by third parties (hereinafter “Third Party Services”). Such third parties are responsible for their respective marketing and Third Party Services. The use of Third Party Services constitutes an agreement directly between you and the provider of Third Party Services. Jongla shall not be considered a party to any such agreement and shall not be held liable for such Third Party Services nor for any marketing thereof or any information published therein.
1.4 The Service is provided by Jongla from Finland.
2.4 In order to use the Service you must access Jongla Instant Messenger application (hereinafter “Application”) either through your browser or through an application you have downloaded on your Device from the Service website at www.jongla.com or through a third party application store. Accessing and/or downloading the Application is either free of charge or subject to a charge. The use of the Service requires a data connection (such as WLAN, 3G, or equivalent) and is subject to the data transfer fees and charges of your Internet service provider or carrier. Jongla shall not be liable for any costs or fees relating to your use of the Service.
2.5 Before installing, using, or otherwise accessing the Service you must ensure that you have the authorizations, such as your service provider’s and/or legal guardian’s consent, necessary for your use of the Service.
2.6 The Service is provided to you based on the information you provide to Jongla, including without limitation personal data of individuals on your so-called contact list. You are responsible to ensure that the information you provide is accurate and correct and that you have the right to use and disclose said information. Jongla is not responsible to ensure the accuracy or validity of the information or your authority to provide such information.
2.7 You must notify Jongla immediately of any breach of security or unauthorized use of your Device or Account. Jongla shall not be liable for any losses to you caused by any unauthorized use of your Account and you may be liable for the losses of Jongla or others due to such unauthorized use.
3. User Account and Privacy
3.1 In order to access and use the features of the Service, you agree to provide Jongla with your mobile phone number. Your mobile phone number serves as your unique identifier (hereinafter “Jongla ID”) in using the Service. When registering for the Service, you may also be assigned a Jongla user name to be displayed in connection with your use of the Service (hereinafter “Jongla User Name”). Jongla has the right, after having heard you on the matter, to choose and/or to accept your Jongla User Name as well as the password connected to your Account and other such identifiers used by you to access and use the Service (Jongla ID, Jongla User Name, related password, and other such identifiers used by you to access and use the Service hereinafter “Identifiers”).
3.2 Your Account and Identifiers are personal. You agree to keep your Identifiers separate from each other. You agree not (i) to share your Identifiers with anyone else; (ii) to let anyone else access your Account; or (iii) to take or to let anyone else take any measures that might compromise the security of your Account, Identifiers, or the Service. If you believe that your Jongla User Name or password is disclosed, or there is reason to believe it has been disclosed, to a third party, you shall immediately notify Jongla at Jongla Oy, Itämerenkatu 1, 00180 Helsinki, FINLAND or via sending a message through Jongla customer service site at http://support.jongla.com. If there is a reason to believe that any of your Identifiers is used in an unauthorized manner, Jongla is entitled to suspend or terminate your Account immediately.
3.3 There may be circumstances under which it is advisable or necessary to change your Jongla User Name or password, for example, for security purposes. Such circumstances may arise, for example, due to official regulations, technical or service-related reasons concerning the provision of the Service, or for data protection reasons. Jongla has the right, in its discretion, to change your Jongla User Name, password, or other such identifier used by you to access and use the Service. Jongla shall notify you in advance of such changes if reasonably possible.
3.4 All messages you send using the Services are signed with Jongla User Name. If your phone number changes or if you forget your password, you must notify Jongla immediately in order to be issued a new Jongla ID and/or password. Identifiers are personal and you may not transfer your Identifiers to any third party. You may not sell your Jongla ID or Jongla User Name or charge others for the use of or access to the Service. You are responsible for any action taken in the Service using your Identifiers.
3.6 Jongla uses hardware and software protection to protect data collected from you. Jongla uses your data for the purposes of providing the Service, ensuring security, safety, and quality of the service, as well as for communicating with you and maintaining the customer relationship with you. Your data may be used for development of the Service and researching the use of the Service. Jongla may also use the data for the purpose of targeting Jongla’s and its partners content to you without transferring the data to external parties; by accessing the Service, you agree that such content may also include advertising. After you have registered with the Service, other users of the Service may search you based on your Jongla ID or Jongla User Name.
3.7 The Service may contain features that enable commercial partners to communicate with users of the Service and you may be introduced to Jongla’s commercial partners through the Service. By accessing the Service, you agree that Jongla may make such introductions to you and you agree that if you accept any such introduction, you may receive messages directly from such commercial partner(s) through the Service. You may always decline the introduction and also withdraw your acceptance through the Service. You may also opt-out from receiving commercial content by contacting Jongla at Jongla Oy, Itämerenkatu 1, 00180 Helsinki, FINLAND or via sending a message through Jongla customer service site at http://support.jongla.com. However, by accessing the Service you acknowledge and agree that as a part of the Service Jongla may need to provide you with communications, such as service and administrative notifications, which you may not be able to opt-out from receiving.
3.8 Jongla collects your personal data principally from you. To the extent permitted by applicable law, Jongla may collect information concerning you from Jongla’s own registers and combine this information with information available at Jongla’s other registers or at registers of entities belonging to the same group of companies than Jongla. Jongla may also use log files relating to the use of the Service and other corresponding information.
3.9 Jongla has the right to disclose and transfer information necessary to those who collect fees for products and services ordered or used by you via the Service. To the extent permitted by applicable law, Jongla has also the right to give information to third parties for the purposes of research and analysis.
3.10 Jongla may access, collect, and store the phone numbers stored in your Device, for example, in the so-called contact list, (such phone numbers hereinafter “Contacts”) for the purposes of providing the Service to your private personal use. Jongla does not store any other data concerning the Contacts, such as related names, addresses, or e-mail addresses.
3.12 Jongla uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal data. Jongla shall not ensure or warrant the security of any data you transmit to Jongla and you send all information at your own risk.
4. Service Availability and Data Security
4.1 The Service is offered “as is”. Jongla shall not be liable to you or to any third party regarding any feature of the content, functionality of the Service, or the like. You are aware and accept that Content posted in the Service is vulnerable to disruptions and faults in information networks, servers, and telecommunications and that any or all information and Content posted in the Service may be destroyed. Jongla shall not be liable for any damage to such information and Content.
4.2 Jongla endeavors to ensure that the Service is available without interruption. However, Jongla 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. Jongla shall not be liable for any direct or indirect damage caused by the amendment, discontinuation, or content of the Service. Jongla shall not be liable for the permanence, preservation, damaging, or misuse of any Content posted or shared by the User in the Service or any similar undesirable occurrence affecting said Content.
4.3 The Services provided by Jongla are continuously evolving. Therefore, the Services Jongla provides may change from time to time and Jongla has the sole discretion to determine the manner it provides the Service. Jongla shall be entitled to alter the Service, its content, purpose, availability, and the technical specifications for its use at any time. For example, Jongla shall be entitled at any time to impose limits on the number of messages allowed to the User and limits on file sizes. While Jongla aims to inform you, or users of the Services in general, of changes in the Service in advance, Jongla may not be able to provide you with prior notice and may change the form and nature of the Service without prior notice to you. You as the User are responsible for any arrangements and related costs that you may incur in relation to such changes.
4.4 You may discontinue the use of the Service at any time. Using its reasonable discretion, Jongla may also discontinue the provision of the Service or any part thereof at any time. Jongla will not refund any fees or charges paid by you, including purchases. You as the User are solely responsible for any and all inconvenience or costs incurred by you as a consequence of such termination.
4.6 Customer satisfaction is important to Jongla and Jongla aims to respond to inquiries concerning the Service to the best of its ability on weekdays between 09:00 – 17:00 Finnish time (UTC/GMT +2 hours).
4.7 Jongla shall not be liable in any way for any material posted by you or other users to the Service or its authenticity or infringement of rights of third parties, or for any other issues related to the material. Jongla shall not be held responsible for any information received by the User through the Service from third parties or for any copyright infringement thereby involved or illegal content therein, and the User indemnifies and holds Jongla harmless against all such occurrences. Jongla shall not be liable in any way for Content produced by the User.
5. User’s Rights and Obligations
5.1 You, as the User, are responsible for any and all use of the Service using your Identifiers. You shall also be responsible for any Content and other information submitted by you to Jongla, to other users, and/or to third parties. Specifically, you undertake to ensure that you have the right to use any Content and information posted or stored by you in the Service and that such materials do not violate privacy or copyright or any other intellectual property rights of Jongla or third parties.
5.3 The Service is controlled, offered, and managed by Jongla from its facilities in Finland. Jongla makes no representations that the Service is appropriate or available for use in locations outside Finland. If you access or use the Service from any other jurisdiction, you do so at your own volition and are solely responsible for said use, including without limitation compliance with local laws.
5.5 You agree not to use the Service for commercial purposes, fundraising, or the like. You agree to indemnify and hold Jongla harmless against any and all claims by third parties against Jongla arising from or relating to your use of the Service.
6.2 If the User deliberately, or by ignoring a request by Jongla, uses hardware or software that is faulty or causes disruptions, the User shall be liable to compensate Jongla for any damage and for any costs incurred in finding the faults caused.
8. Force Majeure
9. Language Versions
10. Dispute Resolution and Applicable Law
11. Entire Agreement and Severability
12.1 Your notices to us must be sent to Jongla Oy, Itämerenkatu 1, FI-00180 Helsinki, Finland.
Jongla’s contact information:
Jongla Oy, Itämerenkatu 1, FI-00180 Helsinki, FINLAND.
Business identity code (VAT Reg.): FI 18939817.
Date of Publication: 11 September 2014
Footer Page of the web The Changing DIV