Käyttöehdot

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Fides loyalty program admin page ("Service"), operated by Fischi Ab ("Company", "we", "our", or"us"). By accessing or using the Service, you agree to comply with and be bound by these Terms. Fischi Ab acts as the data controller for all personal data processed through the Fides loyalty program in accordance with the General Data Protection Regulation (GDPR).

A merchant using our Service (hereinafter "Merchant" or "you") accepts the Merchant Terms as legally binding (hereinafter "Agreement") by registering into the Service or by otherwise accessing or using the Service. The Agreement is therefore a contract, which creates legally binding terms between the Merchant and the Company when the Merchant uses the Service. The Merchant may not use the Service if he/she/it does not enter into an Agreement with the Company. Hereinafter the Merchant may also be referred to as the "User".

These Terms set forth the legally binding terms and conditions and constitute the entire agreement between you and the Company for your use of the Service. The term “you” shall also include your employees or other authorized users to the extent applicable and permitted under your subscription of the Service.

By accessing or using the Service in any manner, including, but not limited to, visiting or browsing the Service, subscribing to automated emails, or contributing content or other materials to the Service, you agree to be bound by these Terms. Capitalized terms are defined in these Terms.

The Company reserves the right to change the Agreement. The Company shall notify the User through the website or the Service of such changes. The changes shall take effect 30 days after the notification. By using the Service after the changes, the User accepts the changes as legally binding.

2. The Service

The Service is a loyalty application for offline businesses, such as restaurants, bars, cafes, nightclubs, and barber shops. We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.

You can access our website www.fides-admin.com online, and our Service is available as an iOS and Android application, which can be downloaded from the Apple Store or Play Store.

Our Service offers convenient access through the iOS and Android applications, making it easily accessible to our Users. We are committed to providing a seamless and user-friendly experience.

3. Eligibility

The Service offered to the Merchants is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this Agreement and use the Service. You guarantee and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms.

4. Account Registration

You must register to use certain features of the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at oscar@fischi.app.

5. Fees and Payment

We will charge fees for the use of certain features of the Services on a subscription basis (“Paid Services”), billed annually. The company reserves the right to implement fees or change the fees for the Service at any time by providing you notice on the Service or otherwise.

Fees shall be paid in accordance with price packages offered on our website in force from time to time. Prices for the Paid Services vary depending on the package the merchant chooses. All prices on our website exclude any value-added taxes.

When you purchase any Paid Services by credit card, you authorize the Company or its third-party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information.

If the Company does not receive payment from you or your credit card provider, you agree to pay all amounts due upon demand and the Company may suspend your access to the Service until full payment is received or terminate the Service. All sales are final, and the Company will not issue refunds, including for prepaid periodical fees. If you choose an automatic recurring payment and later decide to end your subscription, canceling the payment is your responsibility. The company does not refund automatic payments that are not canceled in time.

6. Rights and Responsibilities of the Company

The Company operates only and solely as the administrator of the Service. The Company is also not responsible for the use, obstruction, or content of the coupons and offers distributed to the Service, nor for the Merchants or Customers of the Service, or for the activities of Merchants or Customers in the Service.

Company undertakes to perform the tasks for which it is responsible in conformity with the Agreement, with due care and with the professional skills reasonably expected from an experienced service provider.

Under no circumstances shall the Company be liable for accidents, damages or crimes related to the Service. Under no circumstances shall the Company be liable for any indirect damages in any manner in connection with the Service or the information and notices available through the Service. The Company is also not liable for any damages or other disadvantages that may be caused to the User or third parties by incorrect or insufficient user information.

The Company is not responsible for any losses arising from the use of the Service. Users agree to be solely responsible for any failure to comply with their obligations under this Agreement and for their consequences.

You understand and acknowledge that we will not be liable for any network-related problems attributable to the operation of the Services and that network configuration changes may affect the system’s performance. You are liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Service and/or third parties.

The Company does not express or imply warranties or representations about the operation of features of the Service, and the Company does not promise that the Service will function without interruptions or errors. The Company is not responsible for any damages to the User or third parties caused by the use, malfunctions, technical defects or malicious software of the Service or third-party links or any other such causes.

The Company has a right to disable the Service or a part of it due to maintenance, installation, modification, public order and safety, system overload or other similar cause.

The Company is not responsible for the content of the Service or its correctness, except for the content generated by the Company. Thus, the Company is not responsible for e.g. information the Users or the Merchants disclose through the Service.

The Company has the right to remove material (i) that has been denied or reported to or by the Company in the Service, or (ii) which, according to the Company is unlawful, contrary to good practice or this Agreement, inappropriate or erroneous, or (iii) harmful to the Company, Merchants or third parties. The Company also has the right to remove material from the Service if the material contains any legally questionable or offensive information, infringe or breach any third party'ss intellectual property rights or content that is inappropriate for the Company’s brand.

The Company has the right to use the co-operation between the Merchant and the Company in its own marketing and as a reference, in accordance with good business practice.

7. Data Processing Agreement (DPA)

The Company processes the personal data provided by the Merchant on behalf of the Merchant. This means from the perspective of the General Data Protection Regulation of the EU (679/2016) (hereinafter “GDPR”) that the Company acts as a processor for that data, whereas the Merchant is the controller for that data.

Thus, the parties must conclude a data processing agreement (hereinafter “DPA”) in accordance with Article 28 of the GDPR. This Section contains the DPA between the parties, and both parties must comply with its provisions as a controller and a processor.

8. Use Restrictions

Your right to use the Service is personal, limited to your business purposes, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms at all times, including your timely payment of all applicable fees for the Services.

Without limiting the generality of the foregoing, you may not:

Access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;

Bypass or circumvent measures employed to prevent or limit access to the Service or certain features of the Service;

Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

“Frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization;

Violate any applicable local, provincial, national, or international law or regulation;

We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.

9. User Content

The Service may provide Users and partners various opportunities to submit files, such as images, photographs, videos, and other content or material. If you contribute any user content (“User Content”), you will not upload, post, or otherwise make available on the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Company does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked.

You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that:

You are the creator of the User Content; or

You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy.

You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is:

Unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory, or libelous;

Invasive of the privacy of another person or violative of any third-party rights;

Contains any material that harbors viruses or other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy, or limit the functionality of any software or computer equipment.

Company shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms and any operating rules established by Company, as well as to satisfy any applicable law, regulation, or authorized government request.

Without limiting the foregoing, Company shall have the right to remove any material from the Service or any other Company-controlled sites, in its sole discretion. Company assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Company has no obligation to use User Content and may not use it at all.

In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Company makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media, or technology.

9.2. License Grants

Some User Content you submit to the Service may be displayed or may give you the option to display it in connection with your business or personal information, or a portion of your personal information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location.

As between you and the Company, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Service, you grant the Company a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you.

You waive any "moral rights" or other rights with respect to the attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. The Company’s license in any User Content or personal information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.

As detailed above, contributing User Content or other information on or through the Service is limited to individuals who are over the age of majority in the country, state, or province in which they reside. The Service is designed and intended for adults. By contributing User Content or other content to the Service, you affirm that you are over the age of majority in the country, the state, or the province in which you reside. We may promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.

10. Intellectual Property and Trademarks

We, our affiliates, and our suppliers and licensors own all rights, title, and interest, including all intellectual property rights, in and to the Service, and any services available in connection with the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All copying, distribution, or other use of the Service or any third-party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders.

Fides logos, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of the Company and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or vice versa.

11. Availability and Disclaimer of Warranties

Your use of the Service is at your sole risk. No advice or information, whether oral or written, obtained by you from the Service will create any warranty regarding the Company that is not expressly stated in these Terms.

12. Term, Cancellation, and Termination

The term of the Paid Services enters into force on the agreed date.

If your subscription is automatically renewable, your subscription to the Service will remain in effect and will be renewed automatically at the end of each subscription period unless you terminate your subscription, or we terminate it. If your subscription is made for a fixed period and/or not automatically renewable, your subscription will automatically terminate at the end of the agreed subscription period.

Separate written order forms or contracts for the Service may have special adherence terms regarding renewal and defined advance notice periods for termination. Upon the termination or expiration of your subscription, you must immediately stop using the Service and must destroy any copies of the same in your possession.

You are free to cancel your Fides subscription any time. Notice that no refunds are provided, but you can use the product until the end of the then-current billing period.

We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.

13. Data from Third-Party Services

The Company has no control over, and assumes no responsibility for, the content, information, privacy policies, or practices of any third-party services (including the Merchants’) sites or services from where data is integrated into the Service.

14. Links to Other Sites and Services

Our Service may contain links to third-party sites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, information, privacy policies, or practices of any such third party (including the Merchants’) sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

15. Privacy Notice and Processing of Data

We may process personal data as both:

As a data controller, we may process personal data about you when you sign up for the Service or when you otherwise provide personal information to us in the context of these Terms. Our collection and use of this information, which we process as the data controller, is described in the Privacy Notice, available at https://fides-admin.com/en/privacypolicy.

As a data processor, we may process such personal data which you have provided to us (including collected or generated through the use of the Service) for the purpose of providing the Service. If we do, this processing of personal data is governed by a Data Processing Agreement (“DPA”) between you and us. Please refer to Section 7 above.

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service.

16. Customer Data

You, your subsidiaries, affiliates, and customers retain all rights pertaining to all data, personal data, or other information that you, or another party on your behalf, provides to us for the purpose of providing the Service (“Customer Data”). For the avoidance of doubt, Customer Data is considered Confidential Information.

We have the right to anonymize Customer Data, including data disclosed, used, or developed by you in connection with your use of the Service, and use such data to compile statistics and to monitor and improve our Services.

You will defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, partners, and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of any claims or actions by any third party that relates to an actual or alleged infringement of a third party’s intellectual property rights by the Customer Data.

17. Feedback

Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding Customer Data and other material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us and our subcontractors and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.

18. Limitation of Liability

NEITHER THE COMPANY NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY OR ANY SUPPLIER OR LICENSOR OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE OR ANY CONTENT.

THE COMPANY’S MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS OR OTHERWISE IN RELATION TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED EUROS (100 EUR).

ANY LIMITATIONS OF LIABILITY UNDER THIS SECTION SHALL NOT APPLY IN THE EVENT OF DEATH, PERSONAL INJURY, FRAUD, OR FRAUDULENT MISREPRESENTATION OR IN THE EVENT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

19. Governing Law and Dispute Solution

This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Finland, without giving effect to any principles of conflicts of law.

Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Vaasa, Finland. The number of arbitrators shall be one. The language of the arbitration shall be Swedish.

20. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated terms to https://fides-admin.com/en/tos. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

Please review these Terms periodically for changes. If you do not agree to any of these Terms or any changes to these Terms, do not use, access, or continue to access the Service or discontinue any use of the Service immediately.

21. Other Terms

If there are any discrepancies between the different language versions of Agreements, the English version is superior to the other versions.

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances.

Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect.

The section headings and titles in these Terms are for convenience only and have no legal or contractual effect.

Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

If you have any questions about these Terms, please contact us at oscar@fischi.app.