TERMS OF USE

Emooter Ltd (Business ID: 2801778-7) ("Emooter") is the owner of the Emooter platform and service ("Service") provided for Emooter’s customers and employees of Emooter’s customers for the purposes of conducting personnel surveys and analyzing for example employee satisfaction.

Registering an account in the Service and/or accessing the Service from your mobile device, your computer or other hardware ("Device"), constitutes your agreement to these Terms of Use and to our Privacy Policy (available at www.emooter.com/privacy), which collectively form a binding agreement between you as a user of the Service (“you”, “User”) and Emooter. Your right to use the Service is conditioned upon compliance with these Terms of Use and our Privacy Policy. We urge you to read these Terms of Use and our Privacy Policy carefully before accessing or using the Service. If you do not agree to these Terms of Use, you may not access or use the Service.

REGISTRATION; ADMINISTRATION OF ACCOUNTS

The use of the Service is possible only for employees of Emooter’s customers. Using and accessing the Service and registering an account in the Service requires that the administration user of Emooter’s customer adds the User’s email address to the Service and sends the User an invitation email via the Service. Registration shall be carried out by following the instructions in the invitation email.

The administration user of Emooter’s customer manages the user accounts and the invitations to the Service. The administration user shall be liable for deleting accounts of Users who no longer work for the said customer.

The right to use the Service shall cease when the User’s employer terminates the subscription to the Service.

The use of the Service is free for Users. The subscription fee for the Service shall be charged from Emooter’s customer organization as set out in the Service Agreement between Emooter and Emooter’s customer.

RESTRICTIONS OF USE

The User may use the Service only and strictly in accordance with these Terms of Use.

The User may not:

  1. circumvent or attempt to circumvent any usage control features of the Service;
  2. probe, scan or test the vulnerability of the Service; or
  3. disrupt other users of the Service or use the Service for phishing or spamming.

SERVICE

Emooter may make modifications or changes to the Service at any time at its sole discretion and without notice to Users provided that such changes do not materially affect the Users. If Emooter introduces changes materially affecting the Service or Users, Emooter will notify the Users thereof in advance by email to the address provided by the User during the sign up to the Service.

The Service is provided "as is" for Users and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.

The Service may create or generate certain analyses and results regarding the Users. Emooter is not liable for any deficiencies or inaccuracies in the analyses generated by the Service or the usability of such analyses and results. The use and exploitation of any analyses or reports, and the interpretation and consequences thereof, is the sole responsibility of the User.

USING THE SERVICE

Please note that as a user of the Service, you are responsible for your use of the Service and for the security of your Devices. You are also responsible for ensuring the security of your account username and password.

For the avoidance of doubt, the User is responsible for all data the User enters into the Service and the validity and accuracy thereof.

Users shall be liable for their own Devices and internet connectivity and any costs thereof.

AVAILABILITY

Emooter shall have the right to temporarily suspend the provision of the Service at any time due to e.g. service and maintenance work and other similar reasons.

Emooter shall have the right to deny the User’s access to the Service without any prior notice to the User, if Emooter suspects that the User burdens or uses the Service in a manner which may jeopardize the availability of the Service to other users. Emooter shall without undue delay inform the User of the reasons for such denial.

The User acknowledges that interruptions to the availability of the Service may also occur due to no fault of Emooter, for example, in the event of data connection disruptions.

CUSTOMER AND ACCOUNT DATA

In order to use the Service, Users must provide certain personal and other data necessary for the use of the Service. The Service stores necessary personal data required to offer the Service and otherwise facilitate the functionalities thereof. This personal data includes e.g. User’s first and last name and email address. More information on the storing and processing of personal data is found in the Privacy Policy.

The User shall ensure that the use of the User’s data within the scope of the Service does not infringe any third party intellectual property rights or violate any applicable laws or legislation.

INTELLECTUAL PROPERTY RIGHTS; CONTENT

All right, title and interest in and to all copyright, patent, trademark, design right, database protection right, and any other form of statutory protection of any kind (whether registered or unregistered) and applications for any of the foregoing respectively as well as any know-how, inventions, and trade secrets in or related to the Service and thereto related documentation (including modifications, if any) and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Emooter and/or its subcontractors.

Users shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of such proprietary right.

Please note that Emooter does not monitor or review the content posted to the Service by Users. Users shall not submit to the Service any material that is unlawful or otherwise inappropriate.

Emooter shall have the right, but not the obligation, to monitor the content in the Service at all times in order to determine compliance with these Terms of Use and any operating rules established by Emooter, as well as to satisfy any applicable law, regulation or authorized government request.

TERMINATION

Emooter shall have the right, exercisable at its absolute and sole discretion, immediately to terminate User’s Emooter account and block User’s access to the Service at any time if the User uses the Service against these Terms of Use or otherwise in a way which may harm Emooter or other users of the Service.

You may immediately terminate your account at any time by discontinuing the use of the Service.

GOVERNING LAW AND JURISDICTION

These Terms of Use will be governed by the laws of Finland, excluding its conflicts-of-law provisions.

Any disputes arising out of these Terms of Use or the use of the Service will be referred to Helsingin käräjäoikeus (Helsinki District Court) as the court of first instance. Consumers are entitled to bring action in the court of first instance of their domicile. In case of disputes, consumers may also resort to the Consumer Complaints Board (kuluttajariita.fi) or the Online Dispute Resolution service provided by the European Commission (ec.europa.eu/odr).

If you have any questions related to these Terms of Use, please contact us by email at contact@emooter.com.