TERMS OF USE FOR THE TIITUS LIGHT ENTREPRENEUR SERVICE

Welcome to the Pooli light entrepreneur service (hereinafter “Service”) owned by Laskutuspalvelu Pooli Oy (hereinafter also “we” or “Company”). Laskutuspalvelu Pooli Oy (Business ID: 2736664-3) is a limited liability company established in accordance with Finnish law, with its head office located at Lemuntie 3–5, 00510, Helsinki, Finland.

These terms of use for the Service (hereinafter “the Terms of Use”) apply to the legal relationship between you (hereinafter “the User” or “You”) and the Company while you are using the Service. By registering with the Service or by using the Service, you accept that the Terms of Use are legally binding for you (hereinafter “the Agreement”). Therefore, this Agreement is an agreement that creates legally binding terms between you and the Company when you are using the Service. You cannot use the Service unless you enter into an Agreement with the Company.

1: GENERAL

The Company reserves the right to change the Agreement. The Company will inform the User about changes by email or through the Service. The changes come into effect fourteen (14) days after the notification has been made. By using the Service after the changes, the User accepts the changes as legally binding.

The User must be of legal age and a legal person in accordance with the law in order to have the right to use the Service. By creating a user account with the Service (hereinafter “the User Account”) and by using the Service, you confirm that you are legally eligible and competent to enter a binding agreement with the Company in the form of an Agreement and that you comply with currently valid legislation.

2: CREATING A USER ACCOUNT

A User can create a User Account through the Service. Upon registration, the User must provide the information required by the Service truthfully. The Company has the right to check the correctness and applicability of the information that you have provided for using the Service.

Users are exclusively responsible for all actions performed through the User Account as well as the safe use of the password, maintenance, confidentiality and other similar matters. If the User becomes aware that an unauthorised person has used their User Account without their permission, the User must report this to the email address info@pooli.fi.

3: DETAILS ABOUT THE SERVICE

The Service is the Company’s online service, which can be used as a light entrepreneur or as an employer. A User working as a light entrepreneur can invoice their customers and clients through the Service. A part of the Service is InstantPay, through which the User receives a monetary amount invoiced through the Service to their account from the Company before the customer has paid the Company. You can read more about the pricing of InstantPay in the terms of payment (see section 5). It must be noted that if the customer does not pay the invoice, it is a part of the entrepreneurial risk. In a case like this, the User will either not receive their salary or InstantPay that has been paid in advance will be recovered.

4: INSURANCE

The User gives the Company the right to take out liability and accident insurances on behalf of the User from Fennia insurance company. Fennia’s group insurance General Terms of Agreement R1 – R19 and Accident insurance’s terms of insurance R210 are complied with in the accident insurance.

The Service Provider has insured the Service User with liability insurance, of which the maximum compensation for both material damage and bodily injury is one million euros (€1,000,000). The liability insurance’s deductible is €600 and it is the Service User’s responsibility in its entirety. If the User is required to take out a YEL insurance, it is their responsibility.

Possible other insurance between the Company and the User will be agreed separately. When an insurance compensation claim is made, the insurance company has the right to examine if the User has been doing work that is invoiced through the Service. The Company will collect a separate insurance fee, which is based on the payment basis defined by the insurance company, from the insurance offered to the User. The fee will be charged automatically upon a payment.

5: PAYMENTS

Registering with the service and sending invoices in the Service is free. The Company will charge a service fee for the use of the Service in accordance with the terms of payment.

6: THE RIGHTS AND RESPONSIBILITIES OF THE USER

The User is aware that they are considered to be self-employed in matters related to unemployment security and, when the labour income exceeds the YEL income limit of the year in question, they are automatically transferred within the scope of YEL insurance.

The Service User is responsible to their Client for all responsibilities, agreements, commitments and obligations related to the commission as well as the performed work and its delay and defectiveness. The User must, in all situations, take care of their own computer and mobile devices as well as other communication equipment and matters, such as the condition of the equipment, internet connection, antivirus software, backup copies and other similar issues.

The User commits to using the Service only for the purposes that are permitted in the Agreement and in the applicable legislation or regulation of any relevant jurisdiction’s area or in the generally accepted procedures or instructions. Selecting a username that is contrary to good practice and/or derogatory of other parties’ rights is strictly forbidden. The Company has the right to close down the User Account if the User acts contrary to this Agreement, the law or good practice or if the User has not logged in to the Service for more than twelve (12) months.

The User commits not to engage in any activities that would disrupt or otherwise disturb the Service or the servers and networks that are connected to the Service. The Service can contain links to other websites. When you visit third-party websites, you do so at your own risk.

The User commits not to send, forward or save to or through the Service any material that is untruthful or contrary to the law or good practice. The User also commits not to incite others to this kind of activity. The User also commits not to send, forward or save to or through the Service material that is protected by copyright, trademark right or other intangible rights unless they have explicit permission from the holder of the right(s).

The rights that apply to the Service, including intangible rights, are the Company’s sole property. The Service has been protected by copyright in accordance with currently valid legislation. The Service can contain material protected by copyright, trademark right or other intangible rights. The User cannot, without explicit written permission from the Company or other holder of the right, distribute, publish, copy, make publicly available or otherwise commercially utilise protected material, unless currently valid legislation otherwise states.

7: THE RIGHTS AND RESPONSIBILITIES OF THE COMPANY

The Company only acts as the administrator of the Service. Therefore, the Company is not responsible for Users of the Service or Users’ activities in the Service, their way of using the Service or behaviour or any other similar activity concerning the Service. The Company is also not responsible for any restrictions in using the Service or its content.

The Company is, under no circumstances, liable to compensate for damage, accidents or criminal offences that are related to the Users use of the Service. The Company is, under no circumstances, liable to compensate direct or indirect losses that are any way related to the Service or using the Service or information or notifications that are available through the Service. The Company is also not liable for any damages or other harm that is caused by false or insufficient user information for Users or third parties.

The Company is not responsible for any loss or deficit caused to Users related to or due to the use of the Service. Users commit to the fact that they are solely responsible for all negligence and its consequences that are in accordance with this Agreement.

The Company does not give any direct or indirect guarantees for the functions or features of the Service, and the Company does not guarantee that the Service will function without interruptions in use or flawlessly. The Company is also not responsible for damages caused to the User or third parties due to the use of the Service or malfunctions, technical faults, malware, links or interruptions in the service.

The Company has the right to take the Service or a part of the Service temporarily out of use for maintenance, installation, modification, public order and security, excessive load on the system or other similar reason. The Company can also unilaterally discontinue (completely or partly) providing the Service to you or all Users without a separate notification.

The Service will be provided “as is”. Thus, the Company does not give any direct or indirect guarantees about the Service’s quality, commercialism, suitability for a certain purpose or inviolability of rights. The Company does not guarantee that the Service will function without interruptions of use and/or flawlessly.

The Company has the right to offer opinions, advice, offers or other information by third parties in the Service. Third parties are independently responsible for the information they share in the Service. Thus, the Company does not give any guarantees about the information shared in the Service by a third party and therefore, the Company is not responsible for the information shared in the Service by a third party. The Company is not responsible for the content of the Service or its correctness apart from the information content produced by the Company itself. Therefore, the Company is not responsible for, among other things, information provided by Users in the Service or the correctness, flawlessness or legality of that information.

The Company has the right to delete material from the Service: (i) that the Company has forbidden to report or display in the Service; or (ii) that is, in the Company’s view, illegal, contrary to good practice or this Agreement, inappropriate or false; or (iii) that is harmful or damaging to the Company, the User or a third party. The Company also has the right to delete material from the Service if there are any legal ambiguities, derogatory information or content that is inappropriate regarding the Company’s brand related to the material. If the User does not comply with the Agreement, the Company can terminate the Agreement with immediate legal effect, cancel the User Account created by the User in the Service and put to use all other similar procedures. The Company has, in accordance with good practice, the right to utilise the cooperation between the User and the Company in its marketing and as a reference.

8: COMPENSATION FOR DAMAGE AND LIMITATION OF LIABILITY

As far as the currently valid legislation allows, the Company, its business partners or licensors or other service providers are not responsible for any damages caused to you due to the use of the Service, even if the Company would have been advised about handling such a responsibility.

Regardless of the aforementioned, the Company’s liability for the compensation of loss or damage can be, at maximum, the amount you have paid the Company for the use of the Service. Legislation in some countries does not allow the exclusion or limitation of certain damages, therefore some or all of the limitations in this section do not necessarily concern you.

9: DATA PROTECTION AGREEMENT

The Company processes the personal data that are [the User’s] responsibility on behalf of [the User] when it processes the personal data [in the User’s invoicing data] on the grounds of this Agreement. In this case, the Company acts as the data processor in relation to that personal data in accordance with the General Data Protection Regulation (EU) 679/2012, and [the User] is the data controller in relation to the personal data.

Thus, the parties must enter into a data protection agreement that is consistent with Article 28 of the General Data Protection Regulation, where the parties agree on the methods by which the processor can process the personal data that is the responsibility of the controller on behalf of the controller. This section 9 contains the data protection agreement between the parties, and both parties must comply with its regulations while acting as a controller and processor.

Data protection agreement	Description
9.1: The subject and duration of the processing	Personal data that are necessary for the use of the Service are processed in order to fulfill the Agreement. The processing of personal data continues as long as the Agreement is valid.
9.2: The nature and purpose of the processing	The personal data are processed in order to fulfill the contractual relationship in accordance with the Agreement.
9.3: The type of personal data and the categories of data subjects	The types of personal data include basic and contact information and the information necessary for the fulfilment of the Agreement that the processor processes in accordance with the Agreement on behalf of the controller. The categories of data subjects consist of [the data subjects in the User’s invoicing data whose personal data the invoicing data contains].
9.4: THE RIGHTS AND RESPONSIBILITIES OF THE CONTROLLER	The controller is responsible for ensuring that it has the right to process the personal data under its responsibility. If necessary, the controller can give binding written instructions to the processor concerning this data protection agreement.
9.5: Instructions given by the controller	The controller: i) cannot process the personal data for any purposes other than those the parties have agreed on; ii) processes the personal data in accordance with all laws; iii) ensures that only personnel who are authorised to process personal data have access to such personal data; iv) ensures that all persons processing personal data are under a non-disclosure obligation. The controller grants the processor a general permission to transfer personal data outside of the EU/EAA as long as all the relevant laws and regulations are complied with in the transfer of data. If a prerequisite for an implemented transfer ceases to be valid, the processor is responsible for immediately implementing a substitute procedure that will ensure that the transfer is in accordance with the Data Protection Legislation and other applicable legislation, authorities requirements, the controller’s instructions and the data protection agreement, or immediately stopping the transfer of the personal data outside the EU/EEA and returning the data that has been transferred outside the EU/EAA to Finland.
9.6: Non-disclosure	An appropriate non-disclosure obligation is included in the processing of personal data.
9.7: Data security	The data processor ensures that it executes sufficient technical and organisational data security procedures, which aim to prevent accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to the data. Each party is responsible for ensuring that appropriate documented risk management and information security procedures are applied to the activities related to the processing of personal data. These procedures can include: (i) the encryption or pseudonymisation of personal data, (ii) the appropriate protection of systems and data communications, (iii) the continuing organisation of the confidentiality, integrity, usability and fault tolerance of the data processing systems and services and (iv) the ability to quickly restore the availability of and access to the data in case of a physical or a technical fault. The Processor inform the controller without delay of any personal data breaches or irrelevant processing of personal data of which it becomes aware. The processor must also, without delay and no later than after 48 hours after they have become aware of a breach or a threat, provide the controller with the necessary information in order to fulfill the controller’s statutory obligations, solve the matter, prevent similar breaches and make statutory notifications, such as a description of the nature of the personal data breach and the consequences of the personal data breach as well as a description of the measures that the processor has taken as a result of the personal data breach. The processor must complete this information upon the request of the controller and in accordance with the controller’s instructions.
9.8: Other processors	The processor has permission to use other data processors (e.g. cloud computing) (hereinafter “the Other Processor”) for the processing of the controller’s personal data. The same data protection obligations that are applied to the processor are also applied to the Other Processor.
9.9: The processor’s duty of assistance	The processor must assist the controller with appropriate technical and organisational measures where possible and without delay by fulfilling the controller’s responsibility to respond to requests that concern the utilisation the data subjects’ rights. The processor must also assist the controller to ensure that the responsibilities set out in Articles 32-36 of the General Data Protection Regulation are complied with and the nature of the processing and the information available for the data processor are taken into account.
9.10: Returning or erasing personal data	After the termination of the Agreement, the processor and its subcontractors must return the personal data of the data controller at their own expense without any unnecessary delay in accordance with the controller’s instructions either to the controller or, if the controller’s customer is the controller, to the controller’s customer. If this is not possible, the parties separately agree on erasing the material.
9.11: Compliance of the controller and right of audit	The processor must, upon a written requirement from the controller, make available all information that is necessary in order to demonstrate that they comply with the responsibilities found in Article 28 of the General Data Protection Regulation, and the processor shall allow audits by an auditor that the controller or another controller has authorised and shall take part in these audits. The controller is responsible for the costs of the audit.

10: VALIDITY AND END OF THE AGREEMENT

This Agreement enters into force after the User has approved this Agreement or when the User is using the Service. This Agreement is valid until further notice. The User can terminate the Agreement without a notice period by email or through the Service without having to explain the reasons for such termination.

When this Agreement is terminated, the Company will shut down the User’s User Account and erase any material that the User might have saved in the Service, although the Company has the right to retain certain information regarding the User due to its legal obligations. Both the Company and the User are freed from the obligations of the Agreement for the time period and to the extent as the breach of the agreement obligations is due to a force majeure.

11: APPLICABLE LAW AND DISPUTE RESOLUTION

Finnish law, apart from regulations concerning the conflict of laws, is applied to this Agreement and to the relationship between the User and the Company. Possible disputes caused by the Agreement shall conclusively be resolved by the District Court of Helsinki.

12: MISCELLANEOUS

You do not have permission to disclose, transfer or sublicence this Agreement unless you receive written consent from the Company in advance. The Company has a unilateral right to disclose or transfer its rights and responsibilities that are consistent with the Agreement either fully or partly.

You consent that if the Company does not use or implement its legal rights that are in accordance with the Agreement (e.g. its right to compensation), this does not mean that the Company officially waives its rights, but, regardless of this, the Company still has the right to rely on its rights. If a regulation under this Agreement is deemed invalid by a court decision, only that invalid order will be removed from the Agreement, in which case the Agreement will otherwise remain valid in its valid parts. Regardless of the termination of the Agreement, sections 5–8 and 11 remain valid between Users and the Company.