These terms and conditions apply to the contractual relationship between Jakoa Enterprises Oy (3001890-6) (hereinafter referred to as the 'Service Provider') and the Customer and User of the Älykäs PTS service owned by Jakoa Enterprises Oy. The right to use begins once the Customer or User has registered for the Service and accepted these terms and conditions. Without accepting the terms and conditions, the use of the Service is prohibited.
1. By registering as a user of the service, the user commits to adhere to the currently valid general terms and conditions of the service. User registration requires a minimum age of 16 years. Users under the age of 18 are required to obtain the consent of a guardian or legal representative to use paid features of the service. The service user must carefully review these terms and conditions before commencing the use of the service.
2. The term 'Customer' in these terms and conditions refers to an individual or entity that offers or purchases services through the Älykäs PTS service.
3. The term 'User' of the service in these terms and conditions refers to a natural person who uses the Service on their own behalf or on behalf of the Customer (the organization, housing or property company they represent). Registration as a user of the service is always done as an individual. The Customer (if an organization, housing or property company) can have multiple service users in the service simultaneously. When registering as a Service user, the user assures that they have the right to commit to these terms and conditions, use the service, and make commitments on behalf of themselves or the Customer they represent. The service user is always responsible for the use of the Service that occurs with their own user credentials. The right to use the Service is personal, and user credentials or passwords must not be shared with third parties under any circumstances.
4. The term 'Service' in these terms and conditions refers to the electronic Älykäs PTS™ service maintained by the Service Provider, which serves as a management system for property maintenance and procurement. The service also enables the interaction and transactions between companies providing services and communities or individuals purchasing services.
5. The Service Provider grants the Customer a limited right to use the Service in accordance with these terms and conditions. The User is allowed to use the Service on their hardware in accordance with these terms and conditions. The Service and the content it contains are owned by the Service Provider. The Service Provider has the right to use the content added by Users without compensation. The Service Provider has the right to utilize the information for development and commercial purposes. This ensures the best possible service experience for all parties involved. The Customer always has the opportunity to request or download their own general information and content added by them from the Service upon a separate request. A reasonable period of time must be allowed for the Service Provider to provide the requested information.
6. The entire Service, its contents, and computer programs contained within it are works protected by copyright law as mentioned in Section 1 of the Copyright Act (404/1961), with copyright belonging to the authors and the Service Provider.
7. The database included in the Service, its parts, the content contained within it, or any data may not be copied, transferred, published, commercially exploited, or used in any other way without the explicit written permission of the Service Provider, except as otherwise provided in these terms and conditions or in a separate service description.
8. If the Service Provider has reasonable grounds to suspect that the Customer has not adhered to these terms and conditions, the Service Provider has the right to revoke the Customer's right to use the Service or take other actions as necessary to cease the activity that is in violation of these terms and conditions. In such a case, the Customer is not entitled to compensation or the refund of any fees already paid or invoiced. The Service Provider has the right to terminate the Customer's right to use the Service at any time if there is suspicion of misuse of the service by the Customer.
9. The Customer is responsible for the actions of the Users acting on its behalf towards the Service Provider, other Customers, and Users, as if they were its own, and is obliged to compensate for any damage caused to the aforementioned parties in accordance with the usual principles of host liability.
10. Upon the request of the Customer, the Service Provider may revoke the right to use from an individual User.
11. The Customer may terminate the right to use the Service by notifying the Service Provider in writing.
12. For the assignments (construction services and other services) generated within the Älykäs PTS™ service, the contracting parties are the Customer providing the service and the Customer requesting the service. The Service Provider acts as an intermediary for notifications and offers and is not a party to the service or trade agreements between Customers. In some situations, the Service Provider may also offer services directly to Customers.
13. The Service Provider is not responsible in any way for the fulfillment of obligations under agreements between its Customers or for any damages caused by Customers to each other in their work or otherwise.
14. The User is responsible for the accuracy of the information provided to the Älykäs PTS™ service and for ensuring that they have the right to use the data and content. The User must immediately inform the Service Provider of any changes to the information. The Service Provider has the right to block the Customer's access to the Service in case of providing false information.
15. To use the Service, in addition to suitable hardware, a telecommunications connection and a web browser are required. The User is responsible for procuring and maintaining the hardware, software, and telecommunications connections required for the use of the Service, as well as other technical equipment related to the use of the service, and the associated costs.
16. The Customer agrees that all business and personal information obtained from third parties (e.g., Vastuu Group) will only be used for lawful purposes and in accordance with the applicable terms and privacy policies of third-party services, while adhering to the prevailing data protection legislation.
17. If the Customer collects their own customer, acquisition, or other records within the Service Provider's service that require the application of the General Data Protection Regulation, the Customer is responsible for their own up-to-date privacy policies.
18. The Customer acknowledges that all information contained within the Service is confidential. The Customer agrees not to disclose or exploit the trade secrets of other Customers and the Service Provider, such as offers, which they become aware of during the term of this agreement and after its termination.
19. The Service Provider commits not to disclose or exploit the trade secrets of Customers during the term of this agreement and after its termination.
20. The Customer and the Service Provider commit not to disclose, exploit, or process the personal data of individuals within the Service during the term of this agreement and after its termination. The Customer and the Service Provider commit to, in their respective operations, adhere to the currently applicable data protection legislation. The Customer is obliged to promptly notify Jakoa of any data breaches they become aware of, where the result is the unauthorized disclosure of personal data to parties without a legitimate right to access such data. The User has the right, in accordance with data protection law, to inspect their personal data and request the correction or deletion of incorrect, unnecessary, incomplete, or outdated personal data (including feedback collected about the individual). Once the request is received, Jakoa will take action to fulfill the request. The processing of personal data is described in more detail in the privacy policy. By accepting these terms and conditions, the Service user also confirms that they have reviewed the attached privacy policy. The Service Provider always offers the highest possible level of data security within the Service. However, the Customer understands that the risk of data breaches is always present.
21. Within the Service, Customers and Users who order or provide services may be asked to provide reviews regarding the other party. Giving false or offensive reviews is prohibited and may result in the removal of the right to use the service. If a user presents and demonstrates that a given review is incorrect and requests the Service Provider to modify or remove the review. The user providing the review is obligated to provide a justification and, if necessary, correct the review when requested. Each party accepts and consents to the Service Provider's right to publish reviews concerning all parties within the service.
22. The Service Provider strives to ensure that the Service is available but is not responsible for any service interruptions due to maintenance, technical issues, or similar reasons. The Service Provider is also not responsible for any damage that may result from the functioning or non-functioning of the service.
23. The Customer must report any deficiencies observed in the Service promptly and no later than within 14 days.
24. The Service Provider is not responsible for direct or indirect damages that may be caused to the Customer as a result of using the Service, nor is it responsible for its suitability and fitness for any particular purpose.
25. The Service Provider is not liable for errors, delays, or damages resulting from such unusual and unforeseeable reasons over which the Service Provider has had no control and the consequences of which could not have been avoided with reasonable care.
26. Regarding paid services, the agreement between the Service Provider and the Customer comes into effect when the order confirmation is accepted or when the costs are otherwise accepted, for example, by providing products or services.
27. The Service Provider charges a service fee based on a separate agreement or according to the current price list. The basis for the service fee is always provided in advance. The price list can be found on the Service Provider's website at www.builderbot.io or alykaspts.fi.
28. The Customer is obliged to make payments and fees to the Service Provider in accordance with the current price list. Fees are due for payment within seven (7) days from the date of the invoice unless otherwise agreed.
29. Invoices from the Service Provider must be paid by the due date. If payments are delayed, the Service Provider has the right to charge late payment interest according to the Interest Act and collection costs in accordance with the Debt Collection Act. If payments are not made on time, the Service Provider has the right to suspend the Customer's access to the Service.
30. The Service Provider has the right to communicate with the Service users through various means, including email, telephone, and text messages. The Service Provider may convey all information that enhances the use of the Service and the execution of assignments between Customers. The User can influence the messages they receive by contacting the Service Provider's customer service or by deleting their user account.
31. The Service Provider has the right to use references for Customers using paid services. The Service Provider may use these customer relationships as references when offering its own services or products. The specific content of the reference will be agreed upon in writing.
32. Reporting work orders in the Service that do not actually exist or for which there is no intention to carry out using the Service is strictly prohibited. The Service should only be used for reporting genuine work orders. Abuse is punishable and may lead to the termination of the right to use the Service.
33. A Customer offering services commits to always inform the Service Provider in writing about the contracts made through the Service and completed work orders. The contracts and work orders made through the Service include those agreements and work orders in which both parties have accepted the Service's terms and conditions. If a Customer offering services does not comply with the notification obligation regarding contracts and work orders made through the Service with Customers ordering construction services within two weeks of the order, the Service Provider has the right to terminate the Customer's access to the Service. In addition to terminating the access rights, if the notification obligation is violated, the Service Provider has the right to charge an additional increased service fee as an extra sanction. The amount of the additional increased service fee is 15% of the total price of the work order with 0% VAT, however, not exceeding 5000 euros. The Service Provider has the right, at any time, to inspect the accounting and other essential documents or information of the Customer offering services to the extent necessary to ensure that the notification obligation or the Service's terms and conditions have not been violated. The Service Provider must notify the Customer in writing of the requirement for an inspection. The Customer commits to assisting the Service Provider in the inspection to the best of their ability. If, as a result of the inspection or in connection with it, it is found that the Customer has neglected their notification obligation, all costs incurred from the inspection shall be borne by the Customer.
34. The Customer has the right to transfer the rights and obligations under this Agreement to its group company or to the assignee or purchaser in the event of a transfer or sale of the Customer's business related to this Agreement, without the consent of the Service Provider.
Likewise, the Service Provider has the right to transfer the rights and obligations under this Agreement to its group company or to the assignee or purchaser in the event of a transfer or sale of the Service Provider's business related to this Agreement, without the consent of the Customer.
The obligations that have been expressly agreed elsewhere in this Agreement to remain in force for a certain period after the termination of the Agreement shall bind the transferring original Party regardless of the transfer.
35. The Service Provider has the right to amend these Terms and Conditions. Changes will be notified either directly to the Customer's registered email address or on the Service Provider's website at least one month before the change takes effect. New terms must be accepted for the continued use of the service. The new terms are accepted by continuing to use the service.
36. Tästä sopimuksesta johtuvat erimielisyydet ratkaistaan ensisijaisesti osapuolten välisin neuvotteluin. If negotiations do not lead to a satisfactory resolution, disputes will be finally resolved through arbitration proceedings. The arbitrator shall be appointed by the Arbitration Board of the Central Chamber of Commerce, and
The proceedings shall be conducted in accordance with the rules of the said board.
These general terms and conditions shall enter into force on December 1, 2022, and shall remain in force indefinitely.
Service provider's contact information:
Jakoa Enterprises Oy (Builderbot), Y-tunnus 3001890-6, Lapinlahdenkatu 16, 00180, www.builderbot.io, www.alykaspts.fi
