Terms & Conditions
1. General
1.1 This agreement (hereinafter ‘Terms of Use’) concerns the Jongla Mobile Messaging Service for Smartphones and Browsers (‘Service’) produced and maintained by Jongla Oy (‘Producer’) and the terms and conditions of its use in the relationship between the Producer and the person using the Service (‘User’), unless specifically or otherwise agreed with the User (‘Special Terms of Use’). The User agrees to use the Service in accordance with these Terms of Use.
1.2 Jongla Mobile Messaging Service for Smartphones and Browsers (‘Service’) is a consumer service for sending and sharing videos, photos, pictures and text messages. The use of the Service requires registration and acceptance of these Terms of Use and compliance with same when using the Service.
The use of the Service also requires that the User downloads a Jongla application to his/her mobile phone or computer from the Producer’s website www.jongla.com or through a third party App Store. Downloading the Jongla application is either free of charge or chargeable, which is notified on the above mentioned website. The use of the Service is either free of charge or chargeable.
The use of the Service requires a data connection (Wlan, 3G or equivalent). The User must ensure that he/she has a fixed-charge data transfer subscription with his/her operator or use a Wi-Fi connection when available. (Otherwise, the User’s service provider will charge the 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 the User and the Service Provider, and the 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 the same, regardless of whether the Service Provider’s website is technically located on the Producer’s server or on some other server.
2. Registration and signing of agreement
2.1 When registering for the Service, the 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 the User has registered for the Service using a user ID and password issued by the Producer to the User and has accepted the Terms of Use of the Service.
2.2 In order to access and use the features of the Service, the User agrees that he/she has to provide the Producer with the User’s phone number, as well as the phone numbers of third parties with whom the User wishes to use the Service. The User agrees also that the Producer has the right to use the information of the location of the User’s mobile phone and add such information to the User’s messages, videos, photos, pictures and texts.
The Producer collects the phone numbers stored in the address book/contacts list of the device in which the smartphone-based application is installed. The User confirms that the information of the phone numbers is accurate and complete. The User hereby gives his/her express consent to the Producer to use the phone numbers in the above-mentioned address book/contacts list to provide the User access and use of the Service. The User shall not use another person’s phone number without their permission and the User is responsible for the use of their phone numbers. The User must notify the Producer immediately of any breach of security or unauthorized use of the User’s phone. Although the Producer shall not be liable for the User’s losses caused by any unauthorized use of the User’s account, the User may be liable for the losses of the Producer or others due to such unauthorized use.
3. User data and User ID
3.1 The mobile phone number of each User serves as a unique identifier. The User may select a user ID of his/her choice when registering for the Service. All messages sent are signed with the user ID. The Producer is not responsible to provide the Service to any other than the registered phone number with its related password. If the User’s phone number changes or he/she forgets the password, the User must notify Producer immediately in order to be issued a new user ID or password. The User IDs and passwords are personal and may not be transferred to a third party. The User shall not resell or charge others for use of or access to the Service. The User is responsible for any action taken in the Service using his/her user ID and password.
3.2 The Producer may change the 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. The Producer shall notify the User in advance of such changes if reasonably possible.
3.3 The User shall immediately notify the Producer if the 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 the Producer’s customer service. The 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 the Producer. In such a case, the Producer shall be entitled to cancel the User’s Service immediately.
3.4 By accepting these Terms of Use, the User consents to having the Producer use and reproduce the User’s personal and other data, and transferring them for profiling purposes to third parties advertising in the Service. By accepting these Terms, the User consents to the Producer that the Producer and third parties may display advertisements to the User’s mobile phone and through the Service. By accepting these Terms, the User consents to the Producer that the Producer may use the information of the location of the User’s mobile phone. Pursuant to the Personal Data Act, the User shall be entitled to access the data on him/her entered in the Service.
4. Responsibility for Service availability and Data Security
4.1 The Producer endeavors to ensure that the Service is available without interruption. However, the Service and the agreement regarding the Service are valid indefinitely, and the Producer may terminate the agreement or discontinue the Service or any part thereof at any time. The 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 the User in the Service or any similar undesirable occurrence affecting said files.
4.2 The User is aware that data posted in the Service is vulnerable to disruptions and faults in information networks, servers and telecommunications and that any or all files posted in the Service may be destroyed. The Producer shall not be held liable for any damage to such files, and the 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.
4.3 In the event that the Producer is acquired by or merged with a third party, the Producer has the right to transfer or assign the information that the Producer has collected from the Users as part of such merger, acquisition, sale or other change of control. In the event of bankruptcy, insolvency or reorganization, the Producer may not be able to control how the User’s personal information is treated, transferred or used.
4.4 The Producer uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of the Users’ personal information. The Producer shall not ensure or warrant the security of any information the User transmits to the Producer and the User sends all information at his/her own risk. The User’s information may be accessed, disclosed, altered or destroyed by breach of the Producer’s physical, managerial and technical safeguards.
5. User’s rights and obligations
5.1 The User shall be responsible for any and all use of the Service using his/her user ID and password. The User shall also be responsible for any material submitted to the Producer, other Users and third parties. Specifically, the User undertakes to ensure that any material posted or stored by the User in the Service does not violate copyright or any other immaterial rights or privacy rights.
5.2 The User is entitled to use the Service in accordance with the law, other regulations and good practice. The Service is controlled and offered by the Producer from its facilities in Finland. The Producer makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
5.3 The Producer may separately offer the User the right to use the Service to promote the User’s enterprise and market the User’s business and provide marketing or other material for this purpose through the Service. If the 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, the 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 the User.
5.3 The User shall be liable for full compensation for any damage caused by a breach of these Terms of Use. Negligence in complying with the same or any other matter mentioned in these Terms of Use is the responsibility of the 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. The 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. The 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 the Producer.
5.5 The 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 The User acknowledges that the persons with whom he/she shares text, images and/or video clips may distribute them further.
5.7 The 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. The User shall be held liable for any damage caused by using such a service.
6. Producer’s rights and responsibilities
6.1 The Producer has ownership and all other rights in the Service. The Producer shall be entitled to change the Service, its content, purpose, availability and the technical specifications for its use at any time. The Producer shall be entitled at any time, at his sole discretion and without advance notification, to revoke the User’s user ID and password and User registration. The 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 The Producer shall not be liable to the User or to any third party regarding any feature of the content or functionality of the Service. The Producer shall be entitled at any time to impose limits on the number of messages allowed to the User and limits on file sizes.
6.3 The User posts materials to the Service and is responsible for their content. The Producer shall not be held responsible in any way for any material posted by the User to the Service or its authenticity or for whether the User is legally entitled to distribute the material, or for any other issues related to the material. The same also applies to phone numbers, any data or file sent by the User. The Producer 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. The Producer shall not be held responsible in any way for the content of messages or texts written by the User.
6.4 The Producer does not monitor or otherwise control the content of the Service. However, the 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 the User and at its sole discretion. The Producer shall have the right to decide whether the material is appropriate and complies with these Terms of Use. If the Producer is made aware that any material sent by the User violates the privacy of a third party or is libelous against a third party, the Producer undertakes to remove such material from the Service insofar as it is reasonably possible. The Producer shall be entitled to deliver any illegal or inappropriate material to the legally competent authority. The Producer shall be entitled to exclude the User from the Service and block the User from the Service without consulting the User if the User has submitted false user information or has violated these Terms of Use, the law or common decency. The Producer shall also be entitled to require the User to change his/her password if the Producer has just cause to suspect that the User’s password is no longer in reliable hands.
7. Compensation for costs and damages
7.1 The User shall not be compensated for indirect damage under any circumstances whatsoever.
7.2 If the User deliberately, or ignoring a reminder from the Producer, uses hardware or software that is faulty or causes disruptions, the User shall be liable to compensate the Producer for any damage and for any costs incurred in finding the faults caused.
7.3. In no event shall the Producer, its officers, directors, employees, or agents, be liable to the User for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from the User’s access to and use of the service, (iii) any unauthorized access to or use of the Producer’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Producer’s servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the User’s use of any content posted, emailed, transmitted, or otherwise made available via the Producer’s client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of use. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
8. Changes to the Terms of Use and transfer of obligations
8.1 The Producer shall be entitled to change the Terms of Use of the Service. The User shall be notified of such changes in writing, by email or through the Service. Updated and current Terms of Use are available to the User at the Service website, www.jongla.com. The User is responsible to review these Terms of Use for any changes. Changes enter into force immediately. If the User continues to use the Service after a change to the Terms of Use, the User is considered to have accepted the amended Terms of Use.
8.2 The 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 the User in advance. However, such a third party must accept the current Terms of Use and thereby become the Producer as referred to herein. The 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 the Producer (force majeure) shall relieve the 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 English and may be published in other languages too. In case of a conflict between a foreign-language version and the original English 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, Albertinkatu 27 B, FI-00180 Helsinki, FINLAND. www.jongla.com
Business identity code (VAT Reg.): FI 18939817.