1. APPLICABILITY OF TERMS AND CONDITIONS
Smart Break software is owned by Oy Raisoft Ltd, Vaasantie 6, 67100 Kokkola, FINLAND, Business ID: 1615982-5. These terms and conditions apply to the use of Smart Break software intended for customers and potential customers (hereinafter collectively and individually referred to as “Customer”) of Oy Raisoft Ltd’s (hereinafter referred to as “Service Provider”) website (www.smart-break.com). The Smart Break entity consists of two separate packages: Smart Break Quick (hereinafter referred to as “Quick”), and Smart Break Premium (hereinafter referred to as “Premium”). In these terms and conditions, the two packages are collectively referred to as “Software”.
The terms and conditions concern the Software, its use and related services, and purchases and orders made on the website.
Using the Software requires that the customer has concluded a separate license agreement with the Service Provider regarding the use of Smart Break. In addition to the Customer, these terms and conditions also apply to the employees of the Service Provider’s Customer as well as any end users using the Software under the Customer’s responsibility and control. The above mentioned will be collectively and individually referred to as the “User”.
In addition to these terms, the contractual relationship between the User of the Smart Break software and the Service Provider is subject to a separate license agreement and any service-specific terms and prices specified in that agreement. If there is a discrepancy between these terms and conditions and the terms of the license agreement, the terms of the license agreement will prevail over the terms and conditions listed here.
By using the Smart Break software, the User agrees to comply with these terms and conditions of use. The User is considered to use the Software when the User registers as a user and/or activates a user account (even if they do not use the services).
2. CONTENT OF THE SERVICE
When using the Premium software that is subject to a license agreement, the Customer must appoint an administrator for the user account. The Service Provider provides the administrator with a username and password with administrator privileges that entitle the administrator to create credentials for the Customer’s employees to the extent permitted under the license agreement. The Customer may only provide credentials to Users who have the right to use the Software and ensure that the employees comply with these terms and conditions.
In the case of the Quick version, the customer organization will receive a single username that entitles the User to use the Software to the extent defined by the package.
In the case of all packages, the User may not share their personal or their organization’s username and password to a third party.
The Smart Break software is supported by the current or previous version of the following web browsers:
• Google Chrome
• Firefox
• Edge and Internet Explorer
• Safari
The Service provider does not support any test or beta versions or browser extensions. The Service Provider cannot guarantee that the Software will work if the User uses a browser other than those listed above. The Customer must ensure the safety of their device by updating the browser according to the instructions given by the browser provider. The Service Provider cannot guarantee that the connection will function in the expected way or that the service will always be available to the User without interruptions.
The User is responsible for using the proper equipment, programs and systems (such as browsers and interfaces, including the data connection) required for the use and protection of the Software.
The Service Provider has the right, where necessary and within the limits defined by the Service Provider, to change the services, activities, content, and availability of the Software. An attempt will be made to notify the Users of any changes in advance. However, by using the Software, the User is deemed to be aware of the changes.
3. USING THE SMART BREAK SOFTWARE
The User agrees to use the Software for personal (Premium package) or the organization’s use only. Using the Software for commercial purposes is prohibited. The Service Provider reserves the right to change, modify, and remove any components of the Software.
In order to have access to the Software, the User must register as a user. The User is responsible for the accuracy of the information provided upon registration. The User is not allowed to disclose their username or password to a third party or allow a third party to use their credentials. The Service Provider is not responsible for any unauthorized use of the user account in a case of software failure or if the password is cracked or leaked.
The owner of the user account is responsible for all transactions performed through the account. The User must inform the Service Provider without delay in a case where their credentials have been compromised. The Service Provider may then disable the account to prevent further unauthorized activity.
The User of the Software is entitled to terminate their user account at any time. In the case of the Premium version, the termination of the user account must be requested from the administrator of the account. In other cases, the user account will be deleted when the contract period ends. The User may also request the termination of the account by sending an email to the Service Provider ([email protected]).
If any content is generated when using the Smart Break software, the User agrees to give the Service Provider a full, free and non-exclusive right to use the content for the purposes of product and service development and marketing. The Service Provider processes the personal data of the User in accordance with the applicable data protection laws. By registering for the service, the User agrees that the Service Provider may use the User's name, address and email address for direct marketing purposes. The User may object to the use of their personal data for direct marketing purposes by notifying the Service Provider.
The User must ensure that all content produced by the User is original. The User must use the Software in accordance with these terms and conditions, the terms of any separate license agreement, the instructions regarding the use or deployment of the Software, and any applicable legislation.
The Service Provider considers the following actions as violations of these terms and conditions:
• Using the service to contribute any illegal or abusive content
• Hacking, cracking or spreading illegal/corrupted software
• Violation of intellectual property rights of the Service Provider or its affiliates and unauthorized distribution of protected material
• Using the service in a way that violates these terms and conditions or any other applicable law or regulation
• Using someone else’s name and any unauthorized use of the user account
• Downloading the Software or any part of the Software without permission.
If the Service Provider believes that the User has violated these terms and conditions and/or has used the service for any illegal or otherwise prohibited purpose, the Service Provider has the discretion to prevent the User from accessing the service or terminate the User's account.
4. INTELLECTUAL PROPERTY RIGHT
All proprietary and intellectual property rights of the Service Provider’s Software contained in the service are owned by the Service Provider, unless otherwise stated.
5. LIMIT OF LIABILITY
The Service Provider must make every endeavour to ensure that the information published in the Software is up-to-date and factually correct. However, the User must always evaluate the applicability of any fitness, nutrition and health information provided in the Software by considering, for example, the User’s personal health status, physical characteristics and other conditions. The Service Provider will not be responsible for the suitability of the content of the Software for an individual User.
The User accepts that the use of the Smart Break software and its contents, in all cases, is exclusively under the User's sole responsibility. The Software is available to the User in its latest version and the Service Provider reserves the right to make changes to the service, its scope, and content. The Service Provider will not be responsible for the content of any third-party site that may be linked to or from the Smart Break software.
The Service Provider will not be responsible for any direct or indirect damage resulting from the use of the Software, including loss of income or profit, business interruptions, loss or corruption of data, or any other damage resulting from the use of or inability to use the service.
6. AMENDMENDS TO THE CONTRACT TERMS AND CONDITIONS
The Service Provider reserves the right to change these terms and conditions when necessary. An attempt will be made to notify, in advance and separately, the Users of Smart Break software about any changes made to the terms and conditions. However, the User is responsible for regularly reviewing these terms and conditions of use and any changes made thereto. By continuing to use the Software, the User is deemed to have accepted the revised terms.
7. TRANSFER OF RIGHTS AND OBLIGATIONS
The User may not transfer the rights and obligations pursuant to these terms and conditions regarding the use of the Smart Break software to any third party without prior written consent from the Service Provider.
8. DISPUTE SETTLEMENT AND APPLICABLE LAW
Any disputes arising out of or in connection with Smart Break software shall primarily be solved through amicable negotiation. If no agreement is reached, the dispute shall be submitted to arbitration. The application of these terms of use are governed by the laws of Finland, with the exception of the provisions made under international laws.