Last updated
January 5 2023

GENERAL TERMS AND CONDITIONS

1 Scope of application

(1) These terms and conditions apply to the use of the Fimbl app. They apply to both free and paid use of the app.

(2) These terms and conditions are the only ones that apply between AppRise Ventures Oy (the “Provider”) and the user (the “User”) and are in effect at the time of use.

2 Definition of terms

(1) The term “Fimbl App” refers to the program called “Fimbl” that can be installed and used on devices such as phones, tablets, and other mobile devices.

(2) The terms “Consumer” and “Entrepreneur” refer to the legal definitions in Sections 2 and 3 of the Finnish Consumer Protection Act. The User is considered a “Consumer” if they are using or purchasing the Fimbl App for personal use, rather than for commercial or self-employed professional purposes. On the other hand, an “Entrepreneur” is any individual or business entity with legal capacity that is using the Fimbl App in their trade, business, or profession.

(3) “Marketplace” refers to online stores operated by companies like Google (Google Play) or Apple (App Store) where the User can browse and download the Fimbl App to install on their device.

3 Available types of use

The Fimbl App can be used for free or for a fee. The app is always free to install, for example from the Google Play or Apple App Store. Use of the app for a fee requires the User to give specific and express consent within the app (through an “in-app purchase,” as described in section 4 below).

4 Use of the Fimbl App and in-app purchases

(1) The User can install the Fimbl App from the relevant marketplace by accepting these terms and conditions.

(2) To use the Fimbl App, the User must create a user account by providing an email address and password.

(3) If the User wants to access the full range of features offered by the paid version of the Fimbl App, they can upgrade through an “in-app purchase.” The process for making an in-app purchase may vary depending on the platform of the marketplace. Please refer to the terms and conditions of the relevant marketplace for more information. The purchase contract is subject to the conditions of the relevant marketplace. These conditions also determine whether the contract is made between the User and the marketplace or between the User and AppRise Ventures Oy.

(4) In-app purchases are billed by the relevant marketplace. The payment terms of the relevant marketplace apply.

5 Warranty for defects of quality, guarantee

If the purchase contract between the Provider and the User is made, the Provider is responsible for defects in the app according to applicable laws, particularly as specified in the general provisions on warranty and liability for defects in the Finnish Sale of Goods Act. The warranty period for the app provided to Entrepreneurs by the Provider is 12 months.

6 Liability

(1) Claims for compensation for damages by the User are excluded. This does not apply to claims for compensation for injury to life or limb, health, or damages resulting from a breach of essential contractual obligations by the Provider, its legal representatives, or agents. Essential contractual obligations are those that are necessary to achieve the purpose of the contract.

(2) If essential contractual obligations are violated, the Provider is only liable for typical, foreseeable damages caused by ordinary negligence, unless the User’s claim for compensation is due to injury to life, limb, or health.

(3) The limitations in sub-sections (1) and (2) also apply in favor of the Provider’s legal representatives or agents if claims are made directly against them.

7 Instructions on right of withdrawal

(1) If the contract is made with the Provider (and not the marketplace), the User has a statutory right of withdrawal against the Provider, as explained in detail in (2). Exceptions to the right of withdrawal are stated in (3).

(2) Instructions on right of withdrawal

Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract was concluded. To exercise your right of cancellation, you must inform us (AppRise Ventures Oy, email) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use the attached sample cancellation form, but it is not required. The cancellation deadline will be met if you send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

(3) The right to cancel a purchase made through the Fimbl App ends when the Provider has started to fulfill the contract, i.e. has started to provide the paid features of the Fimbl App after the User has expressly consented to the Provider starting to fulfill the contract before the cancellation period has expired and has confirmed that they are aware that they will lose their right to cancel upon fulfillment of the contract.

8 Final provisions

(1) Contracts made between the User and the Provider are governed by the laws of the Finland, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions that limit the choice of law and the application of mandatory provisions, particularly those of the state where the User as a Consumer has their habitual residence, are not affected.

(2) If the User is an Entrepreneur, a legal person under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the User and the Provider shall be the registered office of the Provider.

(3) If any individual provisions are legally invalid, the rest of the contract remains valid. In such cases, the statutory provisions shall replace the invalid provisions. If this would cause undue hardship for one of the parties, the entire contract shall be deemed invalid.

8 Final provisions

LEGAL NOTICE

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AppRise Ventures Oy
Puutarhakatu 7
20100 Turku
Finland