TERMS OF USE: SMARTLARM.FI SERVICE 1.1 / 2.2.2015 Download PDF
1. General
This document defines the terms of use of SMARTLARM.FI service (later “Service”) of Smartel Electronics Ltd (later “Service provider”).
“Service User” is anyone using the Service. After paying the fee mentioned in section 6 below, and receiving the username/password (later “Username”), the Service User has approved the terms of use and is committed to obey them. The terms of use are valid when the user starts using the Service.
2. Service description
SMARTLARM solution consists of monitoring devices (Smartlarm Guards, Guards) and SMARTLARM service. Guards send the state of the monitored object to SMARTLARM service via GSM network. Alarm information (e.g. sewage tank full – need to be emptied) is sent to the customer’s mobile phone/device as a text message and/or to the customer’s email. Mobile phone numbers and email addresses must be saved into SMARTLARM service.
SMARTLARM solution has two portals, one for the end users and an administration portal for the main users. Administration portal is designed for companies who have several guarding devices and end users.
3. User rights
Only a registered person has the rights to use the Service.
The Service User is not allowed to transfer the user rights to a third party in any circumstance. The Service User is responsible for all use by her/his Username, and that usage fully obeys these terms of use.
The Service User is obliged to non-disclosure the Username. The Service User is responsible for all use of the username and password, and all possible damage to the Service provider caused by the use.
The user has no right to use the service in any other way than allowed by these terms of use. User is not allowed to modify the Service or the material provided by the Service provider outside of the Service, to publish or otherwise give out anything in the Service to a third party, or to use it for any commercial purpose without a written permission given by the Service Provider beforehand.
Using the Service is not allowed unless the User approves the terms of use.
4. User responsibilities and obligations
4.1 Materials and copyright
Service provider has exclusive copyright and all other immaterial rights to the Service content and material.
Service provider has free of charge and unlimited right in all its operation to use, modify, share, copy, save or otherwise use all material given by the User in accordance with the laws in Finland.
Service User has the right to use and utilize the Service only in her/his own business.
4.2 Responsibility of the Service user
Service user is responsible for reporting all faults and service disruption to the Service Provider immediately.
Service user is responsible for all needed actions after the system has sent the alarm message according to User’s settings.
4.3 Costs
The Service user is responsible for all costs of the Service and related costs such as creating and maintaining the technical infrastructure of the Service
user, communication network and communication costs.
4.4 Liability of damages
If the Service user violates the terms of use, the Service Provider has the right to terminate the Service and to cancel the Username immediately. Any
misuse of the Service leads to liability of damages to the Service user, who has to indemnify the damage completely to the Service provider.
4.5 Liability of verification
The User understands that using the Service is not necessarily a sufficient and the sole means of handling the issues and business of the User, and that
the Service User is responsible to verifying the validity/topicality of the information offered by the Service provider and the feasibility of the Service
to the business at their own expense.
5. Liabilities and responsibilities of the Service provider
5.1 The limitations of the Service provider responsibilities
The service contains general business information that is not company specific advice and consultancy by nature. The Service provider is by no means
responsible for the feasibility of the Service to the business of the Service user.
Service provider’s liability of damages doesn’t exceed the product liability defined by the law. Service provider is not responsible for faults caused by third party communication connections or any other interruptions in communication services or any faults in such services. Service provider is neither responsible for faults caused by the User using the Service contrary to the instructions and orders or any faults otherwise caused by the User.
The Service provider is not responsible for any indirect or direct damage in the Service or any inoperability that is possibly caused to the User from using the Service, if any part of the damage is caused by a third party.
All above limitations to the responsibilities cover all damages caused by possible disruptions, delays, faults, prevented usage, non-working usernames or any other issue in usage or function in the service.
The Service provider is not responsible for any computer or communication disruptions and faults or lost malware or breaks or any other damage to the User caused by a third party, or any third party material, technology or other material to which there may be an advertising link on the Service.
The Service provider is not responsible for any damage caused to the User if the Username ends up to a third party by the User.
5.2 Service availability
The Service is provided by the Service provider’s server. Service Provider aims to operate so that the Service is available without any breaks in the
server although the Service provider reserves the right to temporary service breaks for technical reasons.
6. Service fee, duration and termination
The yearly service fee is defined in the price list that is updated annually. The Service usage contract is always agreed for minumum 1 year. By paying
this fee the Service user has the right to use the Service for 1 year. Terminating the Service usage during this time does not entitle the Service User a
refund.
If the Service User does not terminate the Service via email or in any other form of writing at least 30 days before the contract ends, the Service usage continues for another 1-year period.
The Service provider informs of potential rises in fees or any other changes related to the Service concerning the following contract period at least 60 days before the current contract period ends.
7. Validity
The terms of use are valid until further notice. The teams of use are valid for the Service provider when the Service provider has approved the user’s registration to the service.
If necessary, the Service provider can at any time change the terms of use for securing or improving the service quality, or for any other acceptable reason or justifiable business reason for securing the Service by informing the user. The Service provider has to inform the Service User of the change ahead of time but no longer than one month.
The Service Provider can modify the Service, terminate the Service, deny the access to the Service or cancel the user rights to the Service at any time without a separate notice if the User misuses the Service.
8. Conflict settlement
Primarily, all conflicts related to the Service will be attempted to be solved in negotiations between the parties and in good spirit.
If the parties can’t come to a conclusion in negotiations within a reasonable time these controversies related to the terms of use and the Service are solved as the first court in Helsinki District Court according to the Finnish law.