Terms Of Service

(End-User License Agreement)

 BRIEFR Messaging

These Terms of Service (“Terms”) govern the use of BRIEFR Messaging service (“Service”) and govern the relationship between you (“You” or “User”) and Camiloc Oy (“Camiloc” or “We”) regarding Your use of the Service. By accessing or using the Service, You acknowledge and agree to the Terms and BRIEFR Messaging Privacy Policy available at www.briefrmessaging.com/privacy-policy. These Terms affect your legal rights and obligations, so if you do not agree to the Terms, do not use the Service.

The Service is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating accounts in the Service. For certain features or functionalities offered by us or others through the Service (for example In-App Purchases), users must be at the age of majority. If You have not reached the age of majority (usually 18 or older, as applicable in Your jurisdiction), You represent that Your legal guardian has reviewed and agreed to the Terms.

 

You become a registered user of the Service when creating a Service account (“Account”) by using Your personal

unique email address and giving other information required. You affirm that You have not been previously suspended or removed from the Service. You shall give to Camiloc correct personal and other information necessary for the use the Service. You shall inform Camiloc of any changes to such information. 

  1. Access and Use of the Service

Subject to Your compliance with these Terms, Camiloc grants You a right to use the Service. The Service is licensed only for Your personal and non-commercial use only. You may not sell or charge others for the right to use of or access to the Service, or duplicate, transfer or copy any part of the Service. If You are willing to use the Services for business purposes, contact Us for a separate enterprise license.

Camiloc grants to You a limited, nonexclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Service application for Your private use. The Service comprises the relevant application that enables You to use the Service. Your use of the Service might be governed also by separate policies, as provided in connection with such services

If You download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. This Agreement does not entitle You to future updates, new versions or other enhancements of the application although Camiloc may choose to provide such updates, etc. in its sole discretion.

Without limiting any other remedies, Camiloc may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if Camiloc suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Camiloc services, without notice to You. You may lose, as a result of termination or limitation of Your right to use the Service, any material, content, benefits, privileges, earned and purchased items associated with Your use of the Service, and Camiloc is under no obligation whatsoever to compensate You for any such losses or results.

You are solely responsible for all Your use of the Service. You may not reveal, share or otherwise allow others to use Your password, or use passwords of others. You agree that You are personally responsible for the use of Your Account, and for all of the communication and activity in connection with the Service resulting from the use of Your Account.

You acknowledge and agree that the Service may periodically access your contact list and/or address book on your mobile device or computer to find and keep track of email addresses of other users of the Service in order to provide and use the Service. The Service may also store these email addresses temporarily on servers for the purpose of helping you find out which of your contacts are already using the Service

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such that accesses the Service in a manner that sends more request messages to the Camiloc servers in a given period of time than a private person can reasonably produce in the same period by using the Service. You agree not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.

You are forbidden from ripping any content unless specifically allowed. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial or spam purpose. You also agree not to spam, or solicit for commercial purposes, any users of the Service.

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

  1. Intellectual Property Rights

The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Camiloc Property”) are owned by or licensed to Camiloc, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Camiloc may make available for free or upon payment content items such as icons or pictures (“Items”) to be delivered to other Users in the Service. You may not use the Items for any commercial purposes.

You are hereby granted a limited, nonexclusive, non-sublicensable and non-transferable license to access and use the Camiloc Property and Items only in connection to the usage of the Service. Any use of the Service, Camiloc Property or Items other than as specifically authorized in the Terms, is prohibited and will terminate the license to use Service. For avoidance of doubt, You have no right to sell or otherwise solicit the Items, Camiloc does not grant any express or implied rights to use the Camiloc Property except as expressly provided in the Terms.

In the event of any third party intellectual property claim that the Services or Your possession and/or use of the Services infringe on such third party’s intellectual property rights, Camiloc shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  1. User Content and Copyright Policy

You may submit messages and/or other content to the Service (“User Content”). Camiloc does not have any duty to monitor any User Content. However, Camiloc shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.

The User content may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who have your email address or mobile phone number and You acknowledge and agree that any User Content may be globally viewed by such users. The User Content provided by You is stored in the Service for a period maximum 48 hours. After said time the User Content will be destroyed and not available for the recipient user. Per Your request, an Item You send to a recipient may be sent using standard email so that the recipient’s email provider can deliver the Item to the recipient.

You are solely responsible for any User Content uploaded, posted, transmitted, stored or otherwise made available through the Service by You. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. You must ascertain and comply with such laws, regulations, conditions or restrictions. Camiloc makes no guarantees as to the validity, accuracy, usefulness, safety or legal status of any User Content.

You affirm and reasonably ascertain that any User Content submitted by You does not contain material that is illegal, obscene, indecent, defamatory, threatening, harassing, impersonates another person, incites religious, racial or ethnic hatred. You affirm and warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize Camiloc to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all User Content provided by You, and that such User Content i) shall not violate the intellectual property and/or other rights of others; or ii) does not contain viruses or other malicious or harmful code, and iii) You have an explicit consent, release, and/or permission of each identifiable individual person include in such User Content to use the name or likeness of such individual person.

Camiloc does not claim ownership to any User Content but You grant to Camiloc a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties (as per User’s request). You also grant each recipient, to whom You have addressed any User Content submitted by You in the Service, a non-exclusive license to access such User Content through the Service.

You hereby do waive, any legal or equitable rights or remedies you have or may have against Camiloc with respect to the User content, and agree to indemnify and hold Camiloc, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

Camiloc respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Camiloc becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws. If You believe that anything on the Service infringes any copyright that You own or control, you may file a written notice (as provided in more detail in the Information Society Code) of such infringement to support email at briefrmessaging (at) camiloc.com and to our designated agent at info(at)lexia.fi. Camiloc reserves the right to remove content and User Content without prior notice, and may also terminate an access to the Service, upon any alleged infringement, or for any other valid reason.

  1. Third-Party Services and Material

The Service may contain links to websites operated by third parties or feature content which is made available in third-party services and enable You to access and use certain third-party services. Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Camiloc has no control over, and assumes no responsibility for content, privacy policies, or practices of any third-party services.

These Terms shall be in addition to (and take precedence over where not prohibited) any software and/or hardware license agreements agreed to between you and the applicable entity mandatory for the use of this Software, such as mobile operating system licensing agreements.

You acknowledge and agree that these Terms may be subject to third-party beneficiaries, such as application store rights holders, which may, upon their sole discretion, enforce these Terms against You.

  1. Additional Features and Fees

Some features (as specified in more detail the applicable service descriptions), may be available to Users for free and some against the payment of the relevant service fees in accordance with Camiloc’s then-current schedule of fees, and be governed by separate policies, as applicable. Upon due payment of the relevant service fee (if and when relevant), Camiloc grants You a non-exclusive and non-transferable right to use such features for their intended purposes in connection with the Service.

The Service may enable You to purchase additional features to the Service and/or material within the Service, in which case You may also acquire, in consideration of payment of the relevant service fees, a limited, personal, non-transferable, revocable license to use the same in the Service. Camiloc may manage, regulate, control, modify or eliminate additional features to the Service and/or material offered in the Service at any time, with or without notice. Camiloc has no liability to You or any third party in the event that Camiloc exercises any such rights.

All purchases made in connection with the Service are final and non-refundable, however without limiting the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store) from which You purchased any additional features and/or material. The provision of additional features to the Service and/or material for use in the Service is a service that commences immediately upon acceptance by Camiloc of Your purchase. No refund of any fees shall be available, save for as provided above.

  1. Personal Information and Security

Use of Your personal and other information is governed by Camiloc’s Privacy Policy available at www.briefrmessaging.com/privacy-policy, and You consent to processing Your personal and other information in accordance with the Camiloc’s Privacy Policy, including (without limitation) transfer of such data to countries outside the European Union or the European Economic Area or the United States of America (in accordance with applicable legislation and the Camiloc Privacy Policy).

Camiloc shall take appropriate online and physical measures to prevent unauthorized access to, improper use of and the reasonable accuracy of Your personal data submitted to Camiloc via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Camiloc servers is not generally available to the public. However, the use of internet services always includes security risks.

You shall be responsible for the security of Your equipment, internet connectivity and software as well as liable that they do not cause harm to Camiloc and/or third parties.

  1. Support and Modifications

Camiloc shall be solely responsible for support and maintenance for the Services, yet has  no obligation to provide support or maintenance for the Service under this Agreement. Camiloc may, at its sole discretion, provide limited technical support for the Service.

You understand that the Service is an evolving one. As long as Your license for the Service is valid You are entitled to upgrades or updates of the Service. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate Your right to use any previous version. Upgrades and updates may be licensed to You by Camiloc with additional or different terms. You may need to update third party software and/or upgrade Your equipment from time to time in order to use the Service.

  1. Disclaimer / No Warranty

To the maximum extent permitted by applicable law, except as provided above, CAMILOC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICE IS LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

Camiloc shall be solely responsible for all warranties set by applicable laws. In addition in case Services fail to conform to any applicable warranty, You may be refunded for the possible purchase price of the Service by contacting the applicable application store.

  1. Indemnification

You agree to defend, indemnify and hold harmless Camiloc, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to Your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the Service (including User Content). Camiloc reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.

  1. Limitation of Liability

You understand and acknowledge that Camiloc will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system’s performance.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT CAMILOC SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE.

CAMILOC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CAMILOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF CAMILOC IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT CAMILOC SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to You. 

  1. Force Majeure

Camiloc shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Camiloc, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Camiloc’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

  1. Provisioning of the Service and Termination

Camiloc shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to You and reserves the right to discontinue any aspect of the Service at any time.

These Terms are in effect for the time being. Your right to use the Service continues until Your right to use the Service is terminated. You may terminate Your right to use the Service at any time by deleting the application and ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. Either You or Camiloc has the right to terminate or cancel Your Account at any time. You understand and agree that the cancellation of Your Account is Your sole right and remedy with respect to any dispute with Camiloc.

  1. General

Camiloc may assign or delegate its rights and obligations under the Terms and/or the Camiloc Privacy Policy, in whole or in part, to any person or entity at any time without Your consent. You may not assign or delegate rights or obligations under the Terms or Privacy Policy without Camiloc’s prior written consent.

Camiloc may publish additional policies related to specific services. Your right to use such service is subject to those specific policies and the Terms. These Terms, any supplemental policies of Camiloc and any documents expressly incorporated by reference herein (including the Camiloc Privacy Policy), contain the entire understanding of You and Camiloc, and supersede all prior understanding of the parties.

These Terms describe certain legal rights. You may have other rights under the mandatory provisions under the laws of Your country. These Terms do not change your rights under the mandatory provisions under the laws of your country. When you use the Service, you agree that we may begin to provide the services immediately and that you will not be entitled to a cancellation or “cooling off” period, except if the mandatory provisions of the law requires such cooling off period. You and Camiloc agree that if any portion of the Terms  or if the Camiloc Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without the remaining provisions of the terms, which shall continue to be in full force and effect.

Camiloc reserves the right to change the price of the Service at any time, and the right to change, modify, add or remove portions of the Terms and its Privacy Policy at any given time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. Camiloc will, however, notify Users by posting a note in the Service of any changes to the Terms for at least 30 days after the changes are effective. Further, if at any point You do not agree to any portions of then-current version of our Terms, Camiloc Privacy Policy, or any other Camiloc policy, rules or codes of conduct relating to Your use of the Service, Your license to use the Service shall immediately terminate, and You must immediately stop using the Service. Please check the Service on a regular basis so that You remain aware of the then-current Terms.

These Terms apply to all users in all countries, regardless of the users’ nationality or location.

  1. Disputes and Applicable Law

All disputes relating to the Service and the Terms shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.

These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.

  1. Contact info and notices

All end-user notices, questions, complaints or claims with respect to the Services shall be directed to the following contact information:

 

 

Contact info

Camiloc Oy

Business ID:   FI24815538
Address: Leppävaarankatu 18 B 27, 02600 Espoo, Finland
Email: briefrmessaging@camiloc.com
www: www.briefrmessaging.com
Contact person: Ismo Hautala, ismo.hautala@camiloc.com