Terms and conditions

Elephant

Updated: 18.10.2024

  1. Introduction and Definitions
    1. Welcome to Noni (hereinafter the “Service”). By using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.
    2. These Terms apply to all visitors, users, customers, members, hosts, and others who access or use the Service.
    3. We use the same definitions of users as in our Privacy Policy (ßlink to the chapter “Whose data we collect”).
    4. "We," "us," or "our" refers to ATR Soft Oy, the provider of the Noni Service.
  2. Acceptance of Terms
    1. By accessing or using the Service, you agree to be bound by these Terms, including any future modifications.
    2. We reserve the right to update or modify these Terms at any time, and your continued use of the Service signifies your acceptance of the changes.
  3. Eligibility
    1. By using this Service, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into these Terms.
    2. If you are using the Service on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to bind the organization to these Terms.
  4. Account Registration
    1. To access certain features of the Service, you may be required to create an account. You must provide accurate and complete information when creating an account.
    2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  5. Subscription and Fees
    1. The Service is offered on both a free and paid subscription basis.
      1. Free Subscription: Users on the free subscription plan ("Free Members") can access limited features of the Service without any fees. However, the terms related to data usage and limitations, as outlined in these Terms, still apply.
      2. Paid Subscriptions: By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of subscription.
    2. All prices for the Service are exclusive of any applicable taxes, duties, levies, or other fees. You are responsible for paying any such taxes or fees, including, but not limited to, sales tax, value-added tax (VAT), goods and services tax (GST), or import/export duties as required by law in your jurisdiction. These additional charges will be your responsibility and may vary depending on your location and the payment method you select. (Needs to be checked after we know how Stripe gives prices)
    3. We reserve the right to modify the subscription fees, and we will provide notice of any changes before they take effect. Free subscription plans may also be modified or discontinued with prior notice.
    4. Fees are non-refundable unless otherwise specified in these Terms.
  6. License and Restrictions
    1. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service, subject to these Terms. You may not:
      1. Copy, modify, distribute, or create derivative works of the Service;
      2. Reverse-engineer or attempt to extract the source code;
      3. Use the Service for unlawful purposes;
      4. Resell or sublicense the Service to any third party.
    2. Your account is personal to you and is intended solely for your individual use. You may not share your account credentials, or grant access to your account, to any other person.
    3. You are responsible for all activities that occur under your account, and for all data, content, and information shared or generated within any brainstorming sessions or other activities that you host.
    4. You are solely responsible for maintaining backups of all data, content, and information that you generate or upload in connection with your use of the Service, including any brainstorming sessions. (Tätä varten pitäisi olla export toiminnallisuus)
    5. You are responsible for having a reliable internet connection, network, and any necessary equipment to use the Service. We are not responsible for any issues caused by poor connectivity, network interruptions, or equipment problems on your end. Any delays, data loss, or disruptions due to your internet or network setup are your responsibility.
  7. Data and Privacy
    1. Your use of the Service is subject to our Privacy Policy, which governs how we collect, use, and disclose your data. By using the Service, you consent to the collection and use of your data in accordance with the Privacy Policy.
    2. For users in the European Union or other regions with laws governing data collection and use, including the General Data Protection Regulation (GDPR), you agree that we will process your data in accordance with applicable legal requirements.
  8. Intellectual Property
    1. All intellectual property rights in the Service, including but not limited to software, logos, trademarks, and other proprietary materials, are owned by us. Users are granted a limited, non-exclusive, non-transferable license to use the Service as outlined in these Terms. This license does not convey ownership or any other rights to the intellectual property of ATR Soft Oy. Any unauthorized reproduction, distribution, or modification of the Service is strictly prohibited.
    2. You retain all intellectual property rights to the content you create or input during your brainstorming sessions ("User Content"). By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and store User Content as necessary to provide the Service and in accordance with these Terms.
    3. For Free members, we reserve the right to access, aggregate, and anonymize data from brainstorming sessions to improve the Service. Such data will only be used in an anonymized format and never linked to specific users.
    4. For Pro members with a paid account, all data from hosted sessions remains fully private, and we do not access it for development purposes.
  9. User-Generated Content
    1. You are solely responsible for any content you upload or submit to the Service.
    2. You represent and warrant that you own the rights to the content you submit and that it does not violate the rights of any third party.
  10. Termination
    1. We may terminate or suspend your access to the Service at any time, without prior notice, if you breach these Terms or engage in conduct that we determine is harmful to the Service or other users.
    2. Upon termination, all licenses granted to you under these Terms will immediately cease.
    3. You may cancel your subscription at any time, but no refunds will be issued for partial months. You will have access to the Service until end of the current payment period.
  11. Limitation of Liability
    1. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses resulting from:
      1. Your use or inability to use the Service;
      2. Unauthorized access to or alteration of your data due to factors beyond our reasonable control;
      3. Any interruption, suspension, or termination of the Service;
      4. Errors, inaccuracies, or omissions in the Service.
    2. We take the security of your data seriously and implement reasonable and industry-standard security measures to protect it. However, no system is entirely secure, and we cannot guarantee absolute protection. You acknowledge that certain circumstances beyond our control, may impact your experience or data security.
    3. In such cases, while we will take reasonable steps to respond to and mitigate any security issues, we will not be liable for any damages or losses resulting from these events, except as required by applicable law.
    4. Our total liability for any claim arising from or related to the Service, whether in contract, tort, or otherwise, shall be limited to the amount you paid to us for the Service in the 12 months preceding the incident giving rise to the claim.
    5. For clarity, free users are not eligible for any monetary compensation, refunds, or damages related to the use of the Service. Only paid users may claim compensation as outlined in these Terms.
  12. Disclaimer of Warranties
    1. The Service is provided on an "as-is" and "as-available" basis.
    2. We do not warrant that the Service will be uninterrupted or error-free. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  13. Governing Law
    1. These Terms shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law provisions.
    2. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Varsinais-Suomen käräjäoikeus, Finland.
  14. Dispute Resolution
    1. In the event of a dispute, you agree to first contact us at [Contact Email] and attempt to resolve the dispute informally
    2. If we are unable to resolve the dispute through informal negotiations, any dispute or controversy arising out of or relating to this contract shall be finally settled by arbitration in accordance with the Rules of the Arbitration of the Turku Chamber of Commerce.
    3. The number of arbitrators is one.
    4. The arbitration proceedings shall be held in Turku in the Finnish language.
  15. Modifications to the Service
    1. We reserve the right to modify the Service without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
  16. Force Majeure
    1. We shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, embargoes, government regulations, or failure of communication or power systems.
  17. Entire Agreement
    1. These Terms constitute the entire agreement between you and us  with respect to the Service and supersede all prior agreements, negotiations, and understandings, whether written or oral, with respect to the Service.
  18. Contact Information
    1. If you have any questions about these Terms, please contact us at:

      2. ATR Soft Oy
      Joukahaisenkatu 1
      20520 Turku
      +358 20 712 9620
      support@noniapp.net