All rights reserved for changes. Updated 1 April 2019.
1 Scope of the Terms and Parties
Please read these Terms carefully. By registering to the Birdietime service ('Service') or using the Service, you or an entity you represent accept these terms.
If you do not accept the terms, you or the entity you represent are not entitled to use the Service. You or the entity you represent are referred to as 'You'.
If You are concluding an agreement on behalf of an entity, You warrant having the right to conclude a binding agreement on behalf of the entity You represent.
If you are not yet 18 years old, you need to get an acceptance from your legal guardians to use the Service and accept the Terms.
Birdietime Innovations Ltd owning the Service is referred to as 'us' or 'Birdietime' in these terms.
2 Contents of the Service
The Birdietime service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Birdietime purchase we grant you a limited, non-exclusive, non-transferable, license to access the Birdietime content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Birdietime may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
The Service may include third party advertisements or other links to third party websites or services. If you use such links, you exit the Service and move to the third party service at your own risk. Birdietime is not liable for these advertisements or third party websites and services.
Both the Seller and Birdietime may send you marketing communications related to the Service or other equivalent services. You may refuse from offers and notifications in the settings of your user account.
Birdietime may change the Service in any way at any time at its sole discretion.
Birdietime may temporarily shut down the Service or suspend access to the Service e.g. for the purposes of installation, change or maintenance work or due to a security risk or if Birdietime suspects misuse. If possible, and considered necessary, Birdietime informs You about the shutdown or suspension by e-mail, in the Service or on Birdietime's website.
The necessary devices, software and telecommunication networks (such as connections to the mobile network) needed for the use of the Service are not part of the Service. You are responsible for acquiring the necessary devices, connections and software to use the Service as well as for their security and updates according to the interoperability requirements given by Birdietime. Use of any devices and software or information/material possibly causing disturbances in the Service must be ceased immediately.
3 Right to Use
Provided that You are not in breach of these Terms, You are granted a non-exclusive and non-transferable right to use the designed functionalities of the Service for the designed purpose of the Service in the use of Your own business. You may use the Documentation (as defined below) internally to use the Service.
The Service may be used with a device or devices (such as computer or mobile phone) ('Device').
The right to use is restricted by the following terms:
a) You shall not copy temporarily or permanently the Service in any format, in whole or in part, except as instructed by Birdietime for the use of the Service.b) You shall not reverse engineer, modify, copy, repair or change the Service or create derivative works of the Service, attempt to analyze source code, or underlying ideas or thoughts related to the Service or software to a greater extent than required from you by law.c) The Service shall not be rented, sublicensed, reassigned or transferred to any third party, and You may not permit the Service to be used or accessed by any third party.d) The copyright or trademark or other signs or marks within the Service may not be removed, covered or amended. Neither the advertisements in the Service may be removed, covered or amended.e) The electronic or written material provided by Birdietime or included in the Service ("Documentation") shall not be copied or amended. However the electronic materials may be copied to the extent that it is necessary in order to review the electronic materials.f) You may not endeavor to break into any parts of the Service.g) You may not impersonate anyone else or use a false name.
4 User Account
Usage of the Service requires use of a personal username and password ("Identification Objects").
Birdietime has the right to change the Identification Objects at any time. Changes may be necessary due to e.g. unforeseen data security events. Birdietime does not store passwords in textual form and therefore cannot disclose them to You. The Identification Objects remain in the possession ow Birdietime.
The Identification Objects may not be assigned or disclosed to any third parties. You must store the Identification Objects diligently. You are solely responsible for any use of the Service by using them. You shall inform us immediately of any unauthorized use of Your account or an attempt of an unauthorized use.
5 Use of the Service and Your Liability
Birdietime delivers the Service on an 'as is' basis and disclaims any other warranties with regard the Service or its non-erroneousness or that all the data and other material in the Service does not contain viruses or other harmful objects, unless required by law.
Birdietime may correct the errors also by bypassing the error or supplying to You instructions on how to bypass the error. Errors that are caused by a) Your misuse, failure to follow usage instructions or external causes; b) Your devices, data networks or software shall not be considered as errors in the Service.
You are liable for all costs related to the data transfer while using the Service.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Birdietime information regarding your credit card or other payment instrument. You represent and warrant to Birdietime that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Birdietime the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Birdietime to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Birdietime know within sixty (60) days after the date that Birdietime charges you. We reserve the right to change Birdietime’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Recurring Subscriptions: If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Birdietime to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Birdietime is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Birdietime, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.
Birdietime may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.
6 Data Protection
These Terms apply to the handling of personal data ('Personal Data'). The terminology used in this Data Protection Document are equivalent to the European Union General Data Protection Regulation (EU 2016/679). Birdietime has the right to change these terms, if it is justified because of changes in the legislation or in the interpretation of the legislation or in the changes of Birdietime's business or operational environment.
Controller and Processor of the Personal Data
Birdietime will process the personal data and the personal data register to be formed as the processor of the personal data on the Seller's behalf. The Seller remains the actual processor. Birdietime will act according to the purpose defined by the Seller and according to the Seller's instructions.
The purpose of the personal data register is to enable
- The collection of the data of persons having registered to the events arranged by the Seller to the extent that is necessary to arrange the event;
- Processing the data produced by any eventual surveys;
- Analysis of the data described above to the extent the Seller defines within the limits of the legislation.
Personal Data Collection
The Seller will define what data will be collected for the specific event. Birdietime collects and files the data pertaining to a specific event as defined by the Seller in accordance with the policy drafted by the Seller on processing of personal data. This information may be the name, contact details and if needed, age, gender and other data necessary to register, participate and pay for the event. The data related to the events is handled for a period of time defined by the Seller.
The Personal Data is removed at the latest upon the end user's request or the termination of the agreement, unless the Personal Data is necessary to be filed for a longer period for example due to payment transfers, other reason pertaining to Birdietime's legitimate benefit or required by legislation. Birdietime will return all Personal Data to the Seller once the Seller so requires before the data has been removed in the normal procedure described above. Birdietime may file and use during the processing and afterwards the data produced by means of anonymisation to develop their operations and products. Anonymisation means editing the data in a way that persons cannot be identified from it by any measure.
7 Rights to your data
Birdietime has the right to check on your Device that You have the right to use the Service. Birdietime will not check any other information than allowed by these Terms.
When You use the Service, cookies will saved as recognition information on your Device. The Service cookies include the session recognition key. The purpose of the cookies are to recognise you. The data that will be produced when You use the Service is called 'Log Data'.
You accept that the Service includes functionalities that analyse and send Log Data to Birdietime and save the Log Data. This kind of Log Data are 1) Personal information given in the Service or uploaded by the Seller on your behalf and the location data and personal data created in the Service; 2) All data produced by your use, concerning e.g. your booking behaviour and the behaviour before the booking (including e.g. browsing and searching of services and available time slots).
The Seller has Access to the personal data you have given in the Service or the personal data uploaded by the Seller on your behalf. The Seller is liable for the use of personal data on their own behalf.
You will give Birdietime and its subcontractors the right to access, save, analyse and amend your Log Data and target the advertising and marketing in the Service.
Your Log Data can be located outside the EEA if You use the Service outside the EEA.
Birdietime has the right to utilise your Log Data also for the technical and commercial development of the Service, other products and other services as well as to remedy errors.
If You cancel your acceptance or do not give Birdietime the Service needs, Birdietime may be unable to offer You the Service partially or in whole.
When using the Service, You accept that the safety of the data transferred via data network cannot be guaranteed. Birdietime is not liable for any damages related to the Log Data or other data you transfer to Birdietime or the Seller via data network.
8 Information Content and the Use of the Service
You are liable for the content you add to the Service and the information and material delivered to third parties via the Service, as well as the validity and use of such information. You cannot add illegal information or information in breach of third party rights to the Service.
Birdietime has the right to remove your information or suspend your access to the Service if Birdietime suspects You are in breach of the terms or if the law or authorities so require.
8.2 Birdietime's right of use
Birdietime has the right to use all information produced by the use of the Service to enable the operation of the Service, to remedy any eventual errors, to develop and amend the Service and to fulfill and use the rights and obligations of these Terms.
Birdietime also has the right to use the data produced by the use of the Service anonymously to develop the Birdietime business and for marketing purposes. We may e.g. use the data in the Service for statistics on bookings and clients in the Service and other subjects that do not reveal the client or user identity.
Birdietime's right of use continue after the Terms have expired or terminated.
9 Property and Immaterial Rights; Confidentiality
All property and immaterial rights to the Service, the systems and software used to develop the Service, the Documentation and all copies, changes, translations and derivatives are either Birdietime's or its licensors' or vendors' property.
Immaterial rights shall mean patents, inventions, trade marks, domains right to know-how, copyrights, neighbouring rights and all other immaterial rights in any other jurisdiction in the world, wether registered or not, including all editing rights and passing rights relating to all subjects above.
All non-public information related to the Service, such as the structure of the Service, user interface and the founding ideas of the Service are always Birdietime's confidential information and You may not reveal it to third parties or use them without Birdietime's written consent to any other purpose except the use of the Service in accordance with these Terms.
10 Processing of Technical Information
The identification information means the information identifiable to the user of the Service and which is processed in the Service and communication networks used by the Service in order to transfer, share or offer messages. The identification information is processed in the following circumstances and in circumstances explicitly allowed by law.
a) The identification information is processed to the extent required for the provision and usage of the Service and taking care of information security.b) The identification information is processed for technical development. For this purpose the following types of information are processed: IP address, cookies, user ID, and information on how long the session lasts within different parts of the Service, for 24 months from the session.c) The identification information of network subscriptions, devices and communication network forming part of the Service and other services attached to the Service is processed automatically for statistical analysis, because otherwise the analysis cannot be conducted without unreasonable effort. An individual user cannot be identified based on this analysis data.d) The identification information is processed in order to detect and solve unauthorized use of the fee-based information society services, communication network or communication services forming a part of the Service. For this purpose it is especially noted that information generated by the Service can be searched as needed. For example IP address, cookies, user ID, and information on how long the session lasts within different parts of the Service.e) The identification information is processed in order to solve unauthorized use of the fee-based information society services, communication network or communication services forming part of the Service. The identification information is processed through an automated search function, which can be based on the size of the messages, total size, type, quantity, the method of connection or target addresses. The identification information is processed also manually in the event there is a justified reason to suspect that the Service's communication network, communication service or a fee-based information society service is used contrary to these Terms or rules given based on the Terms and if 1) a data security anomaly in the communication has been detected by using an automated search function; or 2) the operating costs of fee-based information society services have risen unusually high; or 3) there is an unauthorized device, software or service installed or detected in the communication network; or 4) on a case-by-case basis if another generally noticeable fact, corresponding to 1-3 subsections above, indicates that the communications network, communication service or a fee-based information society service is used contrary to these Terms or rules given based on the Terms.f) The identification information is processed in order to process identification data necessary for defining fees, necessary for internal billing, necessary for the billing of image recordings, sound recordings and other fee-based services and any other data necessary for billing. For this purpose the following types of information are processed: IP address, cookies, user ID, and information on how long the session lasts within different parts of the Service, for 24 months from the session.g) The identification information is processed, if it is necessary to detect, prevent or correct a technical error or fault occurred in the transmission of communications.
10.2 Persons Processing Identification Information
Detailed processing of identification information is ordered as tasks specifically to certain employees of Birdietime.
11 Term and Termination
You may stop using the Service at any given time by informing Birdietime about it via e-mail. Birdietime may terminate you right to use the Service at any given time with a 30 days' prior notice.
Birdietime may terminate your right to use the Service immediately if you are in material breach of the Terms.
Upon any termination or expiration of the Service us, the provisions relating to the title and Intellectual Property Rights, confidentiality, limitations of liability and governing law and dispute settlement shall survive. Also, any other provisions which by their nature contemplate effectiveness beyond the termination of the Agreement, shall survive the termination.
12 Amendments to the Terms
Birdietime may amend these Terms at any given time. You will accept the new terms by continuing to use the Service after the Terms have been amended, or otherwise accept them. If you do not accept the amendments, You have the right to stop using the Service whenever by cancelling your registration to the Service or informing Birdietime about it via-email.
Provided the limitation is allowed by law, Birdietime shall have no liability for any direct or indirect damages such as costs incurred, loss of profit, revenue or savings or damages payable to third parties, loss or alteration of data or costs incurred from recreating the data or from cover purchases..
14 Governing Law and Disputes
The laws of Finland govern these Terms, excluding its choice of law provisions. All disputes arising out of the Agreement shall be finally settled in arbitration by one arbitrator in accordance with the Rules of the Arbitration of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall take place in Helsinki, Finland, and shall be conducted in Finnish. Notwithstanding the above, Birdietime shall be entitled to seek equitable and/or injunctive relief to prevent or stop a violation of the terms and conditions in the Agreement and take legal actions concerning overdue payments, in any court of law.
15 Force Majeure
Birdietime shall not be liable for delays, defects or damages that are caused by factors due to an impediment beyond Birdietime's reasonable control, which Birdietime cannot reasonably be deemed to have taken into account at the time of the conclusion of the Agreement and the consequences of which Birdietime could not reasonably have avoided or overcome. Such events of force majeure shall include, without being limited to, natural disasters, unusual weather conditions, fire, earthquakes, terrorist attacks, breakdown of electricity or networks, failures in internet and other public networks or data traffic, security attacks, strikes and other labor disputes or acts of government or authorities. A labor dispute shall be considered a force majeure event also Birdietime is the target or a party to such an action. The force majeure events suffered by subcontractors shall also be deemed as force majeure events.
Any notices related to the Service must be made in writing such as by e-mail. Birdietime may effectively make notifications to You in the user interface of the Service. You guarantee that Your contact details are up to date.
16.2 All Terms
16.3 Use of e-mail
Birdietime may send you unencrypted e-mail in text format, because Birdietime acknowledges that most people can easily unencrypt crypted e-mail. The safety of this communication is further diminished by the fact that misrouted or captured e-mails may be read more easily than encrypted e-mail.
If any provision of the Terms is found to be unlawful, the other provisions of the Terms will remain in full force and effect. The Terms shall be interpreted in a manner that the original purpose of the term is maintained to the possible extent.
If Birdietime does not use a right described in the Terms, it shall not be interpreted in a manner that Birdietime shall waived its right to use the said right.
16.6 Assignment and Subcontractors
You cannot assign your right to use to a third party, without the prior written consent of Birdietime. However, Birdietime may assign the Service and its production without Your consent.Birdietime shall have the right to use subcontractors. Birdietime is liable for the work of its subcontractors as for the work of its own.
16.7 Contact point as defined in the act on offering fee-based information society services
Birdietime, Birdietime Innovations Ltd
16.8 Supervising authority
The operations of birdietime are supervised e.g. Competition and Consumer Authority and the Data Protection Ombudsman:Competition and Consumer Authority, Siltasaarenkatu 12 A, 00530 Helsinki, Finland, firstname.lastname@example.orgData Protection Ombudsman, Ratapihantie 9, 00520 Helsinki, Finland, email@example.com