JONGLA TERMS OF USE

By installing, using, or otherwise accessing Jongla Messaging Service, you agree to these Terms of Use and to Jongla Privacy Policy. If you do not agree, you do not have permission to install, use, or otherwise access Jongla Messaging Service.

 

1. General

 

1.1          The terms of this agreement (hereinafter “Terms of Use”) govern the relationship between Jongla Oy (hereinafter “Jongla”, “we”, or “us”) and you (you are referred to hereinafter as the “User” or “you”) concerning your use of Jongla Messaging Service or our other services that post these Terms of Use (hereinafter the ”Service(s)”) whether accessed by mobile phone, tablet, computer, or other device (hereinafter each a “Device”). Use of the Service is also governed by Jongla Privacy Policy, which is incorporated herein by reference. In addition, some services or products within our Services may be made available subject to other and/or additional terms and/or conditions that apply to such services or products (hereinafter “Special Terms of Use”) and which will supplement these Terms of Use.

 

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. Registration

 

2.1          Before installing, using, or otherwise accessing the Service you must agree to these Terms of Use and to Jongla Privacy Policy and register an account on the Service (hereinafter an “Account”).

 

2.2          By registering for an Account or otherwise accessing the Service, you represent that you are thirteen (13) or older and you understand, accept, and consent to be bound by the Terms of Use and to Jongla Privacy Policy. If you are under the age of majority in the place where you live, you represent that your legal guardian is aware of and consents to your intended use of the Service (including without limitation, collection of personal data, use of location data, and receipt of commercial messages), has also reviewed and agreed to these Terms of Use and to Jongla Privacy Policy, and takes the responsibility for your Account. If you are under the age of majority in the place where you live, you represent that you will seek your legal guardian’s approval before providing personal data to the Service or making any purchases or payments via or in connection with the Service.

 

2.3          By installing, using, or otherwise accessing the Service, you agree to use the Service in accordance with and be bound by these Terms of Use and consent to the practices explained herein and in Jongla Privacy Policy. An agreement between you and us concerning the Service in accordance with the Terms of Use is considered to have been made when you install, use, or otherwise access the Service for the first time.

 

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/hc/en-us/requests/new. 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.

 

3.5          You also consent and agree that Jongla may collect and process your personal data, such as your phone number, e-mail address, country of location, name, gender, likeness (e.g., picture or avatar), date of birth, and other profile information. If you are under the age of majority in your jurisdiction, Jongla may also collect and process information (such as e-mail address and phone number) concerning your legal guardian for the purposes of verifying your right to use the Service. Jongla may also collect and process information concerning your Device, such as, for example, the type, name, and operating system version of your Device, as well as information concerning your operator. Jongla may also collect and process information concerning the location of your Device, such as mobile phone, and, subject to your consent, add such information to your Content. Jongla may also collect information (for example, by using cookies and analytics) concerning your use of the Service, such as, for example, login and purchases. Jongla may also collect and process Content shared by you via the Service. For the purposes of providing you the Service and for fulfilling Jongla’s rights and obligations under these Terms of Use, Jongla may use subcontractors in the processing of any and all of your data provided that said processing takes place in accordance with instructions given by Jongla and for Jongla. Jongla may also transfer the data to entities within the same group of companies than Jongla. In the processing of personal data Jongla applies the laws of Finland and the terms of these Terms of Use and Jongla Privacy Policy. Personal data may also be transferred to countries outside the European Union and European Economic Area, which may not provide the same level of protection of personal data as your jurisdiction. Data provided by you will be removed from Jongla’s system within a reasonable time after your Jongla Account is terminated either on your request or by Jongla.

 

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/hc/en-us/requests/new. 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.

 

3.11       By accepting these Terms of Use, you give your consent to Jongla to process your personal and other data, including data regarding the use of the Service, to transfer them for profiling purposes to third parties advertising in the Service, and to transfer your personal data also to countries outside the European Union and European Economic Area. By accepting these Terms, you agree that Jongla and third parties may display advertisements on your Device and through the Service. By accepting these Terms, you agree that Jongla may use the location data of your Device. Pursuant to the Personal Data Act, you shall be entitled to access the data concerning you entered in the Service. The file description (“rekisteriseloste” in Finnish) of the Jongla user data register is available both in Finnish and in English at www.jongla.com/rekisteriseloste.

 

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.

 

4.5          Jongla and its licensors have ownership in the Service save for any Content uploaded or created by the Users or Jongla’s commercial partners. The User grants Jongla all rights, including the right to use and reproduce, the Content to the extent necessary to fulfill the rights and obligations under these Terms of Use.

 

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.

 

4.8          Jongla does not monitor or otherwise control Content of the Service. However, Jongla has the right – but not the responsibility – to remove any information or Content which it considers inappropriate at any time and without consulting or informing the User and at his sole discretion. Jongla shall have the right to decide whether Content is appropriate and complies with these Terms of Use. If Jongla is made aware and has a reason to believe that any information or Content sent by the User violates the privacy of a third party or is defamatory against a third party, Jongla undertakes to remove such material from the Service insofar as it is reasonably possible. Jongla shall be entitled to deliver any illegal or inappropriate material to the legally competent authority. Jongla shall be entitled to exclude and block the User from the Service without consulting the User if the User has submitted false user information or violated these Terms of Use, the law, or common decency. In such a case, Jongla will not be required to provide any refunds or compensation to the User. Blocking the User from the Service may include disabling the User’s access to any Content submitted by the User or others. Jongla shall also be entitled to require the User to change his/her password if Jongla has reasonably justified cause to suspect that the User’s password is used by another person.

 

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.

 

5.2          You are entitled to use the Service only in accordance with the Terms of Use as well as laws, other regulations, and good practice. The Service may be used only in accordance with the Terms of Use, as may be amended from time to time.

 

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.

 

5.4          The Service contains and makes available Content subject to protection afforded by copyright, trademark, and/or other forms of intellectual property rights. You are not entitled, without prior written approval by the author, rightholder, or Jongla, as applicable, to copy, modify, communicate to others, distribute, or otherwise exploit Content obtained in the Service or via the Service except for personal use for the purposes of using of the Service in accordance with the Terms of Use. If you use Content contained in or obtainable via the Service in violation to the Terms of Use, the rightholder may present claims directly against you. You understand and acknowledge that the persons with whom you share Content with may distribute them further.

 

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. Liability

 

6.1          In no event shall Jongla, its officers, directors, employees, or agents, be liable to the User for any direct, indirect, incidental, special, economic, 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 Jongla’s secure servers containing personal data and/or financial information, (iv) any interruption or cessation of transmission to or from Jongla’s servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any User or third party, (v) 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 Jongla, 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 maximum extent permitted by applicable law. The User agrees that Jongla’s liability shall in any event and at all times be limited to the amounts paid by the User.

 

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.

 

7. Amendments to the Terms of Use and Transfer of Obligations

 

7.1          Jongla may and is entitled to amend these Terms of Use. The User shall be notified of such changes via a customer notification and/or through the Service (such as at the Service website at www.jongla.com). The applicable Terms of Use are available to the User at the Service website, www.jongla.com. You are responsible for reviewing these Terms of Use for any amendments. The amendments terms enter into force immediately. If you continue to use the Service after an amendment to the Terms of Use, you are considered to have accepted the amended Terms of Use. The amended Terms of Use are applied also to contracts entered into prior to the amendment of the Terms of Use.

 

7.2          Jongla may assign and/or transfer these Terms of Use and any related agreements as well as any of Jongla’s rights and obligations under these Terms of Use, in whole or in part, to any third party without your consent. In particular, in the event that Jongla is acquired by or merged with a third party, Jongla has the right to transfer or assign all information and Content that Jongla has collected from you as part of such merger, acquisition, sale, or other change of control. In such case, Jongla may also revoke your Identifiers.

 

7.3          You may not assign and/or transfer your rights and/or obligations under the Terms of Use without Jongla’s prior written approval.

 

8. Force Majeure

 

8.1          Jongla shall not be liable for any delay or failure to perform its obligations hereunder resulting from causes outside the reasonable control of Jongla, including, without limitation, any failure to perform hereunder due to any unforeseen circumstances or cause beyond Jongla’s control, such as a strike lockout, fire, flood, official order, act of civil or military authorities, war, terrorism, riot, telecommunications failure, shortage of transportation facilities, fuel, energy, or labor, act of God, or any other circumstance beyond the control of Jongla (such a circumstance or cause “Force Majeure”). An occurrence of Force Majeure shall relieve Jongla of the obligation to comply with these Terms of Use for the duration of that circumstance.

 

9. Language Versions

 

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

 

10. Dispute Resolution and Applicable Law

 

10.1       To the maximum extent permitted by the applicable mandatory laws, these Terms of Use and any dispute, controversy, and/or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Finland, without regard to conflict of law provisions that might apply other law. You and we also disclaim the application of the Convention on Contracts for the International Sale of Goods to these Terms of Use.

 

10.2       Any dispute, controversy, or claim arising out of or relating to the Service, its use, and/or these Terms of Use that cannot be resolved by negotiation shall be submitted to the District Court of Helsinki or to the District Court of your place of domicile in Finland. If you do not have a place of residence in Finland, such a dispute, controversy, or claim shall be submitted to the District Court of Helsinki.

 

11. Entire Agreement and Severability

 

11.1       You and Jongla agree that in the event any provision, or part thereof, of these Terms of Use and/or Special Terms of Use is found to be illegal, invalid, or otherwise unenforceable, such provision (or part thereof) shall be enforced to the maximum extent possible consistent with the intention of you and Jongla, as stated in these Terms of Use and/or Special Terms of Use.

 

11.2       If it is not possible to enforce such provision (or part thereof) as set forth above, such provision (or part thereof) shall be deemed to be deleted from these Terms of Use. Upon such deletion, the remainder of these Terms of Use shall continue in full force and effect according to its terms and conditions.

 

12. Notices

 

12.1       Your notices to us must be sent to Jongla Oy, Itämerenkatu 1, FI-00180 Helsinki, Finland.

 

12.2       Jongla may send notices to you concerning these Terms of Use to a mobile phone number or an e-mail address provided by you or to you otherwise in writing. General notices and information concerning the Service may also be published at the Service website at www.jongla.com or be provided to you otherwise via the Service.

 

Jongla’s contact information:

Jongla Oy, Itämerenkatu 1, FI-00180 Helsinki, FINLAND.
E-mail: info@jongla.com
www.jongla.com
Business identity code (VAT Reg.): FI 18939817.

 

Date of Publication: 11 September 2014

JONGLA TERMS OF USE

By installing, using, or otherwise accessing Jongla Messaging Service, you agree to these Terms of Use and to Jongla Privacy Policy. If you do not agree, you do not have permission to install, use, or otherwise access Jongla Messaging Service.

 

1. General

 

1.1          The terms of this agreement (hereinafter “Terms of Use”) govern the relationship between Jongla Oy (hereinafter “Jongla”, “we”, or “us”) and you (you are referred to hereinafter as the “User” or “you”) concerning your use of Jongla Messaging Service or our other services that post these Terms of Use (hereinafter the ”Service(s)”) whether accessed by mobile phone, tablet, computer, or other device (hereinafter each a “Device”). Use of the Service is also governed by Jongla Privacy Policy, which is incorporated herein by reference. In addition, some services or products within our Services may be made available subject to other and/or additional terms and/or conditions that apply to such services or products (hereinafter “Special Terms of Use”) and which will supplement these Terms of Use.

 

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. Registration

 

2.1          Before installing, using, or otherwise accessing the Service you must agree to these Terms of Use and to Jongla Privacy Policy and register an account on the Service (hereinafter an “Account”).

 

2.2          By registering for an Account or otherwise accessing the Service, you represent that you are thirteen (13) or older and you understand, accept, and consent to be bound by the Terms of Use and to Jongla Privacy Policy. If you are under the age of majority in the place where you live, you represent that your legal guardian is aware of and consents to your intended use of the Service (including without limitation, collection of personal data, use of location data, and receipt of commercial messages), has also reviewed and agreed to these Terms of Use and to Jongla Privacy Policy, and takes the responsibility for your Account. If you are under the age of majority in the place where you live, you represent that you will seek your legal guardian’s approval before providing personal data to the Service or making any purchases or payments via or in connection with the Service.

 

2.3          By installing, using, or otherwise accessing the Service, you agree to use the Service in accordance with and be bound by these Terms of Use and consent to the practices explained herein and in Jongla Privacy Policy. An agreement between you and us concerning the Service in accordance with the Terms of Use is considered to have been made when you install, use, or otherwise access the Service for the first time.

 

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/hc/en-us/requests/new. 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.

 

3.5          You also consent and agree that Jongla may collect and process your personal data, such as your phone number, e-mail address, country of location, name, gender, likeness (e.g., picture or avatar), date of birth, and other profile information. If you are under the age of majority in your jurisdiction, Jongla may also collect and process information (such as e-mail address and phone number) concerning your legal guardian for the purposes of verifying your right to use the Service. Jongla may also collect and process information concerning your Device, such as, for example, the type, name, and operating system version of your Device, as well as information concerning your operator. Jongla may also collect and process information concerning the location of your Device, such as mobile phone, and, subject to your consent, add such information to your Content. Jongla may also collect information (for example, by using cookies and analytics) concerning your use of the Service, such as, for example, login and purchases. Jongla may also collect and process Content shared by you via the Service. For the purposes of providing you the Service and for fulfilling Jongla’s rights and obligations under these Terms of Use, Jongla may use subcontractors in the processing of any and all of your data provided that said processing takes place in accordance with instructions given by Jongla and for Jongla. Jongla may also transfer the data to entities within the same group of companies than Jongla. In the processing of personal data Jongla applies the laws of Finland and the terms of these Terms of Use and Jongla Privacy Policy. Personal data may also be transferred to countries outside the European Union and European Economic Area, which may not provide the same level of protection of personal data as your jurisdiction. Data provided by you will be removed from Jongla’s system within a reasonable time after your Jongla Account is terminated either on your request or by Jongla.

 

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/hc/en-us/requests/new. 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.

 

3.11       By accepting these Terms of Use, you give your consent to Jongla to process your personal and other data, including data regarding the use of the Service, to transfer them for profiling purposes to third parties advertising in the Service, and to transfer your personal data also to countries outside the European Union and European Economic Area. By accepting these Terms, you agree that Jongla and third parties may display advertisements on your Device and through the Service. By accepting these Terms, you agree that Jongla may use the location data of your Device. Pursuant to the Personal Data Act, you shall be entitled to access the data concerning you entered in the Service. The file description (“rekisteriseloste” in Finnish) of the Jongla user data register is available both in Finnish and in English at www.jongla.com/rekisteriseloste.

 

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.

 

4.5          Jongla and its licensors have ownership in the Service save for any Content uploaded or created by the Users or Jongla’s commercial partners. The User grants Jongla all rights, including the right to use and reproduce, the Content to the extent necessary to fulfill the rights and obligations under these Terms of Use.

 

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.

 

4.8          Jongla does not monitor or otherwise control Content of the Service. However, Jongla has the right – but not the responsibility – to remove any information or Content which it considers inappropriate at any time and without consulting or informing the User and at his sole discretion. Jongla shall have the right to decide whether Content is appropriate and complies with these Terms of Use. If Jongla is made aware and has a reason to believe that any information or Content sent by the User violates the privacy of a third party or is defamatory against a third party, Jongla undertakes to remove such material from the Service insofar as it is reasonably possible. Jongla shall be entitled to deliver any illegal or inappropriate material to the legally competent authority. Jongla shall be entitled to exclude and block the User from the Service without consulting the User if the User has submitted false user information or violated these Terms of Use, the law, or common decency. In such a case, Jongla will not be required to provide any refunds or compensation to the User. Blocking the User from the Service may include disabling the User’s access to any Content submitted by the User or others. Jongla shall also be entitled to require the User to change his/her password if Jongla has reasonably justified cause to suspect that the User’s password is used by another person.

 

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.

 

5.2          You are entitled to use the Service only in accordance with the Terms of Use as well as laws, other regulations, and good practice. The Service may be used only in accordance with the Terms of Use, as may be amended from time to time.

 

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.

 

5.4          The Service contains and makes available Content subject to protection afforded by copyright, trademark, and/or other forms of intellectual property rights. You are not entitled, without prior written approval by the author, rightholder, or Jongla, as applicable, to copy, modify, communicate to others, distribute, or otherwise exploit Content obtained in the Service or via the Service except for personal use for the purposes of using of the Service in accordance with the Terms of Use. If you use Content contained in or obtainable via the Service in violation to the Terms of Use, the rightholder may present claims directly against you. You understand and acknowledge that the persons with whom you share Content with may distribute them further.

 

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. Liability

 

6.1          In no event shall Jongla, its officers, directors, employees, or agents, be liable to the User for any direct, indirect, incidental, special, economic, 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 Jongla’s secure servers containing personal data and/or financial information, (iv) any interruption or cessation of transmission to or from Jongla’s servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any User or third party, (v) 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 Jongla, 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 maximum extent permitted by applicable law. The User agrees that Jongla’s liability shall in any event and at all times be limited to the amounts paid by the User.

 

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.

 

7. Amendments to the Terms of Use and Transfer of Obligations

 

7.1          Jongla may and is entitled to amend these Terms of Use. The User shall be notified of such changes via a customer notification and/or through the Service (such as at the Service website at www.jongla.com). The applicable Terms of Use are available to the User at the Service website, www.jongla.com. You are responsible for reviewing these Terms of Use for any amendments. The amendments terms enter into force immediately. If you continue to use the Service after an amendment to the Terms of Use, you are considered to have accepted the amended Terms of Use. The amended Terms of Use are applied also to contracts entered into prior to the amendment of the Terms of Use.

 

7.2          Jongla may assign and/or transfer these Terms of Use and any related agreements as well as any of Jongla’s rights and obligations under these Terms of Use, in whole or in part, to any third party without your consent. In particular, in the event that Jongla is acquired by or merged with a third party, Jongla has the right to transfer or assign all information and Content that Jongla has collected from you as part of such merger, acquisition, sale, or other change of control. In such case, Jongla may also revoke your Identifiers.

 

7.3          You may not assign and/or transfer your rights and/or obligations under the Terms of Use without Jongla’s prior written approval.

 

8. Force Majeure

 

8.1          Jongla shall not be liable for any delay or failure to perform its obligations hereunder resulting from causes outside the reasonable control of Jongla, including, without limitation, any failure to perform hereunder due to any unforeseen circumstances or cause beyond Jongla’s control, such as a strike lockout, fire, flood, official order, act of civil or military authorities, war, terrorism, riot, telecommunications failure, shortage of transportation facilities, fuel, energy, or labor, act of God, or any other circumstance beyond the control of Jongla (such a circumstance or cause “Force Majeure”). An occurrence of Force Majeure shall relieve Jongla of the obligation to comply with these Terms of Use for the duration of that circumstance.

 

9. Language Versions

 

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

 

10. Dispute Resolution and Applicable Law

 

10.1       To the maximum extent permitted by the applicable mandatory laws, these Terms of Use and any dispute, controversy, and/or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Finland, without regard to conflict of law provisions that might apply other law. You and we also disclaim the application of the Convention on Contracts for the International Sale of Goods to these Terms of Use.

 

10.2       Any dispute, controversy, or claim arising out of or relating to the Service, its use, and/or these Terms of Use that cannot be resolved by negotiation shall be submitted to the District Court of Helsinki or to the District Court of your place of domicile in Finland. If you do not have a place of residence in Finland, such a dispute, controversy, or claim shall be submitted to the District Court of Helsinki.

 

11. Entire Agreement and Severability

 

11.1       You and Jongla agree that in the event any provision, or part thereof, of these Terms of Use and/or Special Terms of Use is found to be illegal, invalid, or otherwise unenforceable, such provision (or part thereof) shall be enforced to the maximum extent possible consistent with the intention of you and Jongla, as stated in these Terms of Use and/or Special Terms of Use.

 

11.2       If it is not possible to enforce such provision (or part thereof) as set forth above, such provision (or part thereof) shall be deemed to be deleted from these Terms of Use. Upon such deletion, the remainder of these Terms of Use shall continue in full force and effect according to its terms and conditions.

 

12. Notices

 

12.1       Your notices to us must be sent to Jongla Oy, Itämerenkatu 1, FI-00180 Helsinki, Finland.

 

12.2       Jongla may send notices to you concerning these Terms of Use to a mobile phone number or an e-mail address provided by you or to you otherwise in writing. General notices and information concerning the Service may also be published at the Service website at www.jongla.com or be provided to you otherwise via the Service.

 

Jongla’s contact information:

Jongla Oy, Itämerenkatu 1, FI-00180 Helsinki, FINLAND.
E-mail: info@jongla.com
www.jongla.com
Business identity code (VAT Reg.): FI 18939817.

 

Date of Publication: 11 September 2014