Terms of use

TERMS OF USE OF THE VISLERI™ -SERVICE

ACCEPTANCE OF THESE TERMS OF USE

These Innolion Oy’s Terms of Use (hereinafter “Terms of Use”) together with the Innolion Oy’s Data Privacy Policy shall apply for the use of the Innolion Oy’s Visleri –service (hereinafter “Service”) by any person registered (“User”, also including the “Main User” as applicable) or having accepted as being a contact person (“Contact Person”) to whom a SOS –message will be directed to or a person requesting help (“Helped Person”) in and through the Service as well as visiting the websites www.visleri.com (or other sub-domains of visleri.com) or www.innolion.com (hereinafter individually and jointly the “Site”) for the same purpose. Each User, Contact Person or Helped Person accepts these Terms of Use by registering or consenting to be named as Contact Person or Helped Person in the Service or by using the Site. What is said below of the User shall apply also to the Contact Persons or Helped Persons as applicable.

By registering in to the Service or by consenting to be named as Contact Person or Helped Person or by using the Site these Terms of Use set forth a legally binding agreement between the User, Contact Person or Helped Person and Innolion Oy regarding the use of the Service and the Site. These Terms of Use shall not, however, diminish the rights of the User in accordance with the mandatory laws of User’s country of residence.

Innolion Oy reserves the right to amend these Terms of Use at any time at its sole discretion. These Terms of Use incorporate, by this reference, Innolion Oy’s Data Privacy Policy as well as other policies published from time to time on the Site, each of which may be amended by Innolion Oy at any time. The most current versions of the Terms of Use and the policies may be reviewed from the Site. These Terms of Use shall prevail over any other terms, policy or rules of Innolion Oy. In case of discrepancy between language versions of these Terms of Use, the English version shall prevail.

Unless otherwise expressly stated in these Terms of Use or by Innolion Oy, each person added to the Visleri-Service, either as a User, a Contact Person or a Helped Person, shall be an individual acting for civil purposes. An appointment of a company or other community or a person acting on behalf of such by an authorization on the basis of his position or otherwise as a User, a Contact Person or a Helped Person shall be permitted only with Innolion Oy’s prior written approval.

VISLERI – SERVICE

Innolion Oy provides the Users with an Internet based communication service to increase its users safety in emergencies or in other safety related occasions to be used via smartphone or other Internet based device it’s been designed to use with (any reference to a mobile phone in these Terms of Use also refers even without a separate mention to other Internet based devices meant here). Ancillary features may be added to the Service from time to time by Innolion Oy. Use of the Service requires a turned on mobile phone with the ability to send/receive data to/from the Visleri-Service added with GPS- or other location feature.

At the moment the Service is available for

a) Groups of individuals e.g., families with children; and

b) Single users such as single adults of different ages and senior citizens with their circle of acquaintances.

Later on also other groups of individuals may be enabled to use the Service. These Terms of Use shall apply to any such new group by this reference. The functions of the Service, provided to different groups from time to time, may vary.

In each case the use of the Service requires at least one registered User (each registering group requires one main user (“Main User”)) and one named Contact Person. The amount of the Contact Persons may vary and be limited by different subscription packages (groups and individuals). In addition in the group package the Main User may add one or more Helped Persons (e.g. children) into the Service. The User, Contact Person and Helped Person may act as the others’ Contact Persons and Helped Persons; however only consenting adults not under guardianship may act as Contact Persons unless the Main User of the group otherwise considers. Only registered Users may edit the Service extent (e.g. add new Contact Persons and Helped Persons, buy ancillary services). Each Helped Person needs to be registered as a User.

Service enables the Helped Person to send SOS-messages to all the named Contact Persons, which will receive a request for help as well as the location information of the Helped Person and other Contact Persons. Contact Persons individually respond to the help request and they may send a message or call to the Helped Person or to each others. All Contact Persons may view the progress of the situation (who of the Contact Persons is providing help, who has not been reached for response, other Contact Persons’ locations etc.) from devices where they got the help request from, providing the Service has been designed to use with that device. As the Helped Person has received help and the situation has been solved he may cancel the SOS-message, which cancellation also comes across to all his Contact Persons.

In addition the Service enables the group users (determined by roles in a group) to follow the location of the others in the group as determined by the Main User of a group. Service enables the persons categorized as “a parent” to follow the location of a person categorized as “a child” or as “a child, limited locating”. In addition to other terms of the Main User’s responsibilities in these Terms of Use, categorizing shall be at a Main User’s responsibility, however, a Main User shall always, prior categorizing, receive an express consent from each person categorized as “a child” or as “a child, limited locating” unless deemed unnecessary due to person’s age or due to similar grounds. By giving such consent the person accepts that his location information may be distributed to other persons in a group as explained above or as otherwise stated in these Terms of Use.

DOWNLOADING THE VISLERI-SERVICE AND SERVICE FEE

A full usage of the Service requires downloading of the application to person’s mobile phone or other device the Service has been designed to use with. Application may be downloaded from Google Play, Apple App Store or from such other Internet store or site where the application has been made ready for downloading for a specific customer device and operating system from time to time. Downloading of the Visleri-Service application is free of charge excluding situations where the downloading is made chargeable by the administrator of the loading site or Internet store etc.

Each individual wishing to use the Service needs to register into the Service. Respectively each group using the Service requires at least one registered Main User who may fully use the Service and add Contact Persons and/or Helped Persons (if not the User himself) into the Service. Contact Person may download the application to his own mobile phone (or other device the Service has been designed to use with) without service subscription but has in this case only a limited right to use the Service. Contact Person who does not download the application to his own mobile phone (or other device the Service has been designed to use with) may receive and correspond to the SOS – messages through a web link with an applicable Internet browser to use the Service, i.e. Contact Person receives the help request as a SMS and/or an e-mail with a link to a web site from which the Contact Person may view who is requesting help and where. The Contact Person may either accept or refuse the request of the Helped Person. As accepting the request for help the Contact Person may view the progress of the situation through the web site but with limited functionality compared to the case when the application would be in use. Each Contact Person may cancel his status as a Contact Person at any time thorough the Service.

Unless otherwise specifically may be stated related to a campaign or other specific offer the Service may be tried out for two (2) weeks free of charge. After the trial period a person has to register i.e. subscribe to the Visleri-Service as a User in order to be able to send SOS-messages and use other features. If a person does not register, he only has a limited right to use the downloaded application as set forth above.

From time to time current package-based Service fees are to be viewed from the Site. Service is at User’s use only for the prepaid period of time and only if and to the extent the User is registered. If the registration / subscription is terminated, the User may not use the already paid Service fee nor will the already paid Service fee be refunded or cancellable. Service fee will be invoiced by Innolion Oy by a separate invoice, or by third party banking services provider acting on behalf of Innolion Oy.

Innolion Oy reserves the right to change the Service fees at its sole discretion and at any time; however the already paid fixed-period Service fee entitles the User to use the Service until the end of such fixed-period despite of change in Service fees. Paid up Service fee may entitle the User to download the upgraded Service applications (other than for a trial period).

REGISTRATION (SUBSCRIPTION)

The Service is available to any registered consenting adult (single User or a Main User of a group) not under guardianship or to a minor or a person under guardianship, at the approval of the guardian, and always subject to Main User’s separate discretion in case of a group. Main User of a group shall always be a consenting adult not under guardianship. Use of the Service with incorrect or untruthful personal information shall be at User’s own risk and may result to liability for damages. Main User shall be liable for the actions of a group he has added to the Service.

Registration is possible to individual users as well as groups. Each group needs one Main User (what is stated in these Terms of Use of the User shall also apply to any Main User as applicable). Main User shall have a sole discretion in defining the persons in, as well as the functions of the group.

Registration (and subscription) will be carried out through the Internet, the Site, (single users and groups) by creating a personal user account to the Visleri –Service database. At registration the User shall provide at least the following personal and other information of himself: name, user name, home country, e-mail, phone number, personal password and a help request cancellation -code. The list of compulsory information may be amended from time to time at Innolion Oy’s sole discretion. Also other voluntary information may be given at the Service at User’s own choice. Innolion Oy has a right to refuse to accept the registration of any person or to cancel any already made subscription without refunding the paid Service fees in case of a breach of these Terms of Use by the User or a person belonging to the group of a Main User.

In addition of his own information, the User shall enter at least one Contact Person’s information at the registration in order for the Service to work. At least name, phone number and e-mail needs to be added to the database for each added Contact Person. Number of Contact Persons may be limited by Innolion Oy. Each Contact Person shall accept his appointment as Contact Person by a separate message. Only after the consent-message has been received, the person will be added as a Contact Person of a person (Helped Person) from whom the request was received. Person may act as a Contact Person for several Helped Persons. In group registration (group package) the Main User may add one or more Helped Persons to the Service data base, regardless of he being a Helped person himself or not. Each Main User adding a Helped Person who is a minor or otherwise under guardianship, needs to be a guardian of such Helped Person or having received a written consent from the legal guardian and in addition consent from the Helped Person himself, unless deemed unnecessary due to Helped Person’s age or due to similar grounds. The User is solely responsible for all the information given at the registration or otherwise in the Service and the User hereby warrants and covenants that any information provided at the registration or otherwise as using the Service will be correct, truthful and accurate. The User may and is obliged to update the personal or other data given by the User as necessary. Contact Person or Helped Person shall, as applicable and possible update their own information in the database.

Registration (subscription) may be terminated by the User at any time. Further, Innolion Oy may at any time and with immediate effect and without refunding any prepaid Service fees terminate the registration or a Helped Person or a Contact Person status in case the User, Helped Person or Contact Person is not complying with these Terms of Use. In the event of termination of the registration or subscription, the User’s account will be deleted and the use of the Service prevented.

User acknowledges that the User account is for personal use only and the User shall be liable for safeguarding the user name and the password in order to prevent unauthorized use of the User account.

By registering into the Service the User and the Main User acknowledges and agrees on his own and on Contact Person’s and Helped Person’s behalf, as the case may be, that Innolion Oy may collect for the purpose of a person register maintained by Innolion Oy any personal or other information provided by the User or the Main User of himself or of the Helped Person or of the Contact Person at the registration or afterwards. The Contact Persons will be considered granting their approval as giving the consent to the appointment as Contact Persons. By registering and by consenting to be appointed as a Contact Person, User, Main User, Helped Person and Contact Person expressly consent to the distribution of their location information in accordance with these Terms of Use and to the possibility of their personal or other information to be provided also to a third party as far as necessary for the use of the Service, including countries inside and/or outside EU or EEA.

LIMITED LICENSE

Innolion Oy hereby grants to the User a non-exclusive, non-transferable and limited license to use the Innolion Oy’s intellectual property rights included or related to the Service or the Site (“Intellectual Property Rights”) to the extent necessary for the User to be able to use the Service in accordance with these Terms of Use. Other use of the Intellectual Property Right is expressly prohibited. If the Contact Person is not a User his rights will be limited to using the Service as defined more accurately above.

The User hereby agrees not to, nor let any third party, to (a) modify, translate or create derivative works from the Intellectual Property Rights; (b) divulge, distribute or dispose of to any third party the Intellectual Property Rights or any part thereof, (c) sublicense, lease, rent, loan, or otherwise transfer the Intellectual Property Rights to any third party; or (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Intellectual Property Rights.

TERMS OF USE OF THE VISLERI-SERVICE

Use of the Service or the Site is at User’s own risk and for a non-commercial and personal use only (save the guardian’s rights). The User (or a guardian having carried out the registration on behalf of a minor or a person under guardianship) shall take a full responsibility for all actions and activities that occur on the User´s account and shall be responsible for safeguarding the confidentiality of the Service password and a help request cancellation -code. Throughout the registration the User is required to provide Innolion Oy with accurate, truthful and complete information and to keep the personal and other information of himself and the Helped Persons and Contact Persons accurate and up-to-date.

As using the Service or the Site the User shall always conduct in good manner and observe and comply with any applicable laws, regulations and third party rights.

The User hereby agrees as using the Site and the Service not to take any action or use the Service or the Site in any way as a consequence of which a) the information, data or content submitted on or through the Site or Service is misleading, untruthful, unlawful, inaccurate or false; or which b) infringes Innolion Oy’s or any third party’s immaterial property or other rights or violates any applicable law or government rules; or which c) causes or may cause software viruses or similar damage to the proper function of the Service or any software, hardware or system; or to take any action that is not in compliance with the use of the Service and the Site as set forth in these Terms of Use.

LINKS, CONTENT AND INFORMATION OF THIRD PARTIES

Use of the Service may require the User to enter into third party websites or services which may be subject to additional terms of use or licenses specified by Innolion Oy or by a third party. The User agrees to apply any such third party license and other terms as and if applicable. Such third party terms and licenses are incorporated into these Terms of Use by this reference as and if to be complied with in relation to the use of the Visleri-Service or the Site.

Any access by the User to any third party websites or services through on in connection with the use of the Service or the Site shall be at User’s sole liability and risk and the User acknowledges that Innolion Oy has no control over or liability for any third party site or service nor possible damage, so caused to the User or any third party.

Innolion Oy takes no responsibility for the content, data and/or information roaming through the Service despite of the form or the sender. Further, Innolion Oy does not warrant that any such content, data or information is true, correct or serves for any certain purpose.

ACCESS TO AND OPERATION OF THE VISLERI-SERVICE, CHANGES AND NOTIFICATIONS

Innolion Oy makes no warranties or guarantees that the User will always have an undisturbed access to the Site or that the Service (e.g. location function) works unexceptionally, because despite of Innolion Oy’s best efforts there may be interruptions in the Site or in the Service e.g. due to third party actions or network, maintenance carried out or general malfunction in the network or system or force majeure such as weather conditions.

Innolion Oy may at its sole discretion make any changes to the Service. Minor changes or interruptions will not necessarily be informed to the Users; however, major changes and interruptions will be informed to the Users with a written notice (e-mail or SMS). In case of major changes, User shall be entitled to terminate his registration (subscription) however without receiving a refund of the already paid Service fee.

WARRANTY

THE VISLERI-SERVICE (INCLUDING THE SITE) AND ANY CONTENT, DATA AND INFORMATION IN THE VISLERI-SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OF IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

INNOLION OY DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, DEFECT OR ERROR FREE OR THAT CONTENT, DATA OR INFORMATION OF ANY KIND AVAILABLE ON OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL INNOLION OY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR GOODWILL, COVER, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES OR FOR ANY CLAIM BY ANY OTHER PARTY.

INTELLECTUAL PROPERTY RIGHTS

User acknowledges that any and all Intellectual Property Rights included in the Service or the Site shall be owned by and remain vested in Innolion Oy and the original owners and/or licensors of such Intellectual Property Rights and nothing in these Terms of Use shall be interpreted as to an assignment or transfer of ownership or any other right of any Intellectual Property Rights hereunder to the User.

User undertakes not to interfere with or diminish, whether by act or omission, Innolion Oy’s, original owners and/or licensors’ right, title and interest in the Intellectual Property Rights and the User hereby undertakes to indemnify Innolion Oy and keep Innolion Oy fully and effectively indemnified against all damages, costs and expenses incurred by Innolion Oy as a result of any breach by User of these Terms of Use.

USER’S LIABILITY AND INDEMNIFICATION

In the event of a breach by the User of these Terms of Use or any other unlawful or violating act, Innolion Oy is entitled at its sole discretion to terminate the User’s registration and any right of the User to use the Service either temporarily or permanently and to take any other measure necessary to end the violating use. The User shall be liable for any and all damages, direct or indirect, caused to Innolion Oy or any third party as a result of the User’s violating use of the Service or the Site or by breach of these Terms of Use.

The User expressly agrees to hold harmless, indemnify and defend Innolion Oy from and against any third party losses, damages, fines, expenses, attorneys fees and costs (“Liabilities”) arising out of or resulting from (i) the User’s breach of these Terms of Use or any third party rights and/or (ii) any other Liabilities and damages resulting from the User’s acts under these Terms of Use, including but not limited to, any violation of Innolion Oy’s Intellectual Property Rights or any other rights. The User agrees to notify Innolion Oy promptly of any threatened claim related to the Service or the Site the User becomes aware of.

SEVERABILITY; SURVIVAL

Should any provision of these Terms of Use be held to be unenforceable for any reason, such provision shall be reformed by Innolion Oy to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under all circumstances.

Such provisions of these Terms of Use, which by their nature are meant to survive the termination or expiration of the registration of the User, shall survive the expiration or termination of registration, for whatsoever reason.

GOVERNING LAW AND ARBITRATION

These Terms of Use as well as the agreement between the User and Innolion Oy set forth by these Terms of Use shall be governed by and construed in accordance with the laws of Finland disregarding the choice of law rules. Any dispute arising out of or relating to these Terms of Use shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce by one (1) arbitrator. The arbitration shall be held in Tampere, Finland.