Terms and Conditions

Last updated: March 23, 2022

These Terms and Conditions (the “Terms”) govern your use of the websites, products, services and applications (“MOWS Services”) provided by FinHunt Oy (“MOWS”). Please read the Terms carefully before accessing MOWS Services.

By accessing or using MOWS Services, you agree to all of these Terms.

Definitions

The following terms, as defined below, are used throughout this document.

“Terms” means these Terms and Conditions

“Customer” means the organization or entity ordering and utilizing MOWS Services

“Customer Data” means any and all data that the Customer generates, inputs or uploads while using MOWS Services

“Personal Data” means any identifiable data stored in MOWS Services

“Analytics Data” means any non-identifiable and anonymous statistical data collected by MOWS to improve MOWS Services

“GDPR” means the EU General Data Protection Regulation

“MOWS” means FinHunt Oy (Finnish limited company, business ID: 3256907-4)

“MOWS Services” mean any and all services, products, applications and websites provided by MOWS

“MOWS Website” means the MOWS website, which can be found at www.mows.com

“Free Plan” means any version of MOWS Services available to Customers for trial and other use free of charge.

“Party” means Customer or MOWS

“Service Fees” mean the fees charged by MOWS for the use of MOWS Services

“Cloud Provider” means a third party service provider that offers the servers and technical infrastructure for MOWS Services

License

Subject to these Terms, MOWS grants the Customer a worldwide, non-exclusive, non-sublicensable and non-transferable license to use MOWS Services. The use, reproduction, modification, distribution or storage of any content of MOWS Services is prohibited. The Customer is not allowed to modify, publish, transmit, reproduce, create derivative works based on, or otherwise exploit MOWS Services.

MOWS Services may only be used in strict accordance with the Terms, solely for the Customer’s internal purposes.

Should MOWS Services be used in violation of these Terms, MOWS reserves the right to deny access to MOWS Services without any prior notice to the Customer.

Restrictions

The Customer agrees and warrants to not do any of the following:

Signing Up

The Customer is required to provide all necessary information when starting to use MOWS Services. The Customer shall ensure that the information is correct and updated if such information changes.

Security

Should the Customer find a vulnerability or a weak point in the security of MOWS Services, the Customer is required to inform MOWS immediately.

The Customer is required to prevent all unauthorized use of their account to access MOWS Services. The Customer has the responsibility to ensure that sensitive account information, such as passwords or keys, are stored securely and cannot be accessed by third parties.

Should any sensitive information be accessed by an unauthorized entity, the Customer shall immediately inform MOWS of such incident.

Customer Data

MOWS collects and processes data relating to the Customer’s subscription and use of MOWS Services. This data may include names, contact details, and payment information.

The Intellectual Property Rights of all Customer Data belong to the Customer.

MOWS may inspect, store, and modify Customer Data for the purposes of providing MOWS Services.

The Customer is solely responsible for the Customer Data, including but not limited to ensuring that proper backing up takes place.

Data Processing and Personal Data

The Customer expressly agrees that it is the Customer’s obligation to observe and to comply with any and all privacy and data protection laws (including but not limited to the EU General Data Protection Regulation, GDPR and the California Consumer Privacy Act, CCPA), regulations and terms applicable to Personal Data contained in the materials provided by the Customer for the purposes of the Service regardless of the country/state in which the Customer is based. The above mentioned includes, but is not limited to, complying with the terms and restrictions related to Customer’s use of customer/contact databases and complying with any applicable privacy policies and cookie opt-in policies.

MOWS processes any Customer Data and Personal Data in obedience to its Privacy Policy.

Analytics Data

MOWS reserves the right to collect usage statistics and data from the Customer’s use of MOWS Services. All such data remains anonymous and cannot be linked to the Customer.

Availability of MOWS Services

MOWS reserves the right to schedule maintenance work which may cause the MOWS Services to be unavailable for a short period of time.

MOWS is not obligated to compensate any damages or service level failures to the Customer.

The Customer will be notified of any service breaks whenever possible.

Should there be interruptions to MOWS Services caused by third parties, such as Cloud Providers, MOWS can not be held liable for any possible damages.

Changes in MOWS Services

MOWS may at any time update, change or modify MOWS Services in order to implement required changes.

MOWS will not be required to notify the Customer of any changes.

MOWS is not responsible for possible damages stemming from modifications or changes made by MOWS to MOWS Services.

Customer Support

MOWS provides customer support with the possible limitations and schedules noted on the MOWS Website.

The customer support is not required to fix possible problems reported by the Customer.

Fees and Payment

To use MOWS Services, the Customer shall pay the Service Fees to MOWS in advance. MOWS Services can be accessed after the first payment of the subscription period has successfully been billed.

MOWS uses a third party service provider for processing payments and does not store any credit card or payment information on MOWS servers.

The Free Plan is excluded and does not require payment.

The Customer can upgrade their version of any MOWS Services at any time. The resulting charges will be added to the Customer’s billing account.

The prices listed on the MOWS Website are exclusive of VAT. Any applicable additional taxes are added to the prices upon billing.

All payments are non-refundable.

MOWS reserves the right to change, or begin charging, fees for some or all MOWS Services in the future.

Confidentiality

Each Party shall keep in confidence all material and information received from the other Party that is marked as confidential or which should be understood to be confidential, and may not use confidential information of the other Party for any purpose other than for the proper fulfillment of the Terms.

The confidentiality and non-use obligations shall not, however, be applied to material and information: (a) which is generally available or otherwise public; or (b) which the Party has received from a third party without any obligation of confidentiality as verified by the written records of such Party; or (c) which a Party has independently developed without using material or information received from the other Party as verified by the written records of such Party; (d) which a Party is obligated to disclose due to applicable mandatory laws, public authority regulations or court orders. In case of disclosure due to (d), the Party much promptly inform the other Party of such disclosure.

Intellectual Property Rights

All rights to content and applications of MOWS Services and trade secrets in or related to MOWS Services, including related documentation and modifications, and all parts and copies shall remain exclusive property of MOWS.

These Terms do not grant the Customer any intellectual property rights in MOWS Services unless expressly granted by MOWS.

Warranty and Limitation of Liability

MOWS Services are provided “as is” and “as available” and with the functionalities available at any given time without warranty of any kind.

MOWS is not liable to Customer for any indirect or consequential damages, or lost profits.

Free Plans of MOWS Services are provided strictly “as is”. Given that the Free Plans are provided free of charge, MOWS disclaims all warranties, representations, and liabilities and MOWS shall not be liable for damages of any kind related to the Customer’s use of the Free Plans.

Termination

The Customer may terminate the subscription at any time without prior notice. MOWS Services continue to function until the end of the subscription period.

The Customer is able to renew the subscription at any time.

No refunds are provided by MOWS for the remainder of the billing period when the Customer terminates their subscription during the billing cycle.

Either Party may terminate these Terms with immediate effect if a substantial breach of the Terms is suspected.

Reference Use

The Customer agrees that MOWS may use the Customer’s name and logo on the MOWS Website in a list of MOWS’s customers or as a reference for MOWS in any marketing materials.

Other

MOWS is entitled to make changes to these Terms after informing the customer at least 30 days before publishing the modifications. Should the Customer not accept the modifications made by MOWS to these Terms, the Customer is expected to terminate their subscription immediately.

Applicable Law and Dispute Resolution

The Agreement will be governed by the laws of Finland excluding its provisions relating to the choice of law.

Any dispute, controversy or claim arising out of or relating to this Agreement, 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 proceedings shall take place in Helsinki, Finland.

Existence of arbitral proceedings, the proceedings, any material presented or drafted in relation to the proceedings and the verdict shall be considered as Confidential Information under this Agreement.