Herrfors – Terms of Use for the Application
1. General.
- Oy Herrfors Ab (“we” and corresponding terms), business ID 0180010-6, provides services and products through the mobile application Herrfors (“Application”) and other websites, communication systems, and services (“Service”). The purpose of the Service is, among other things, to offer the user of the Service the opportunity to understand, manage and control their electricity consumption, costs and environmental impact as well as to receive guidance and create rules for the automatic control of their electricity consumption based on price or environmental impact. All features and functions, websites and user interfaces, as well as all content and software related to the Service are hereinafter referred to as the “Offering”.
- These terms of use (“Terms”), including the valid privacy policy, constitute the Agreement between you and us regarding the use of the Application and the Service. You may use the Application and the Service only for non-commercial purposes in accordance with applicable laws and regulations.
2. Information about the Service.
- Use of the Service requires:
- a) an internet connection and a smartphone or tablet with internet access (“Mobile Device”)
- b) a valid electricity sales contract (“Contract”) with us.
To start using the Service, a user account (“User Account”) must be created, which involves providing certain personal data and logging into the User Account with personal online banking credentials. By creating a User Account, you fully accept the Terms of Use.
You will receive access rights to the Service when you have:
a) signed an electricity sales contract with us
b) downloaded the Application to your Mobile Device
c) registered a User Account and accepted the Terms of Use
d) logged into your User Account through the Application
By registering your User Account, you confirm your acceptance of the Terms of Use and give your consent to the processing of your personal data by us (and, if necessary, by our subcontractors and other partners) in accordance with our current privacy policy, see https://www.herrfors.fi/fi/tietosuoja/gdpr/ (“Privacy Policy”).
You log into the Application with your online banking credentials or another login method currently supported in the Application. By logging into the Application, you can use the Service, which is available from time to time within the framework of the Application until your User Account is closed in accordance with section 5 below.
The Application utilizes consumption data from your electricity distribution company, and historical data is used as the basis for consumption forecasting. If we do not receive accurate meter readings, we may use a consumption model to estimate values and, if necessary, correct the figures once accurate meter readings are received. If reviewing your consumption data is necessary for using the Service, we may request separate authorization from you that enables us to collect the necessary data for the use of the Service.
You are responsible for updating your Mobile Device with the required software from time to time to enable the use of the Service.
You are responsible for all use of the Service, for the completeness, truthfulness and accuracy of the information provided when creating the User Account, for updating and protecting the above-mentioned information from unauthorized processing, and for your right to use the consumption data in the Service. We are not obligated to verify the accuracy of the information you provide. The username and password must be kept confidential and stored securely. You are responsible for all activities that occur under your User Account. If your username or password is lost or stolen, or if you suspect that your User Account has been used without authorization, we ask that you immediately change your password and notify us.
The person entering into an agreement for paid services must generally be at least 18 years old. However, minors (under 18 years of age) may also use the Service provided that the use takes place with the consent and supervision of the relevant guardian or legal representative.
3. Messages and location data
- The Application may be used as an information channel through which we can send you information related to your use of the Service. We may also send offers about our and our partners’ products and services. Such information may be sent via push notifications and other messages in the Application based on the consent you have provided. Please note that messages containing marketing content received through the Application are not intended for minors.
- You can adjust the settings for receiving push notifications on your Mobile Device or within the Application.
- In order to use certain features of the Service within the Application, we may request your consent to access the location of your Mobile Device. You can accept or deny location tracking and the processing of related personal data, as further described in the Privacy Policy. If you do not wish to provide your location data, you can disable this function on your Mobile Device, but certain features of the Service may then cease to function. By using the Application’s location services, you consent to the application of these Terms of Use, including the Privacy Policy, to location tracking and the processing of personal data.
4. Price and payment terms
- The use of the Application and the Service is currently free of charge. An exception to this are the data transmission fees charged by your mobile operator or internet service provider, as well as any other applicable basic charges related to data transmission that may arise from the use of the Application and the Service, for which you are solely responsible.
5. Termination and discontinuation of Service use
- You may terminate the Service at any time by contacting us. Please note that if you terminate your electricity sales contract with us and switch to another electricity supplier, your access to the Service will automatically end once the Contract with us has been terminated.
- If you terminate the Service or the Contract, you will no longer be able to use the Service or benefit from the Offering after the end of the termination period.
- We have the right to terminate the Service with one (1) month’s notice. We also have the right to restrict your access to the Service or to terminate the Agreement regarding the use of the Service if you materially breach the Terms of Use, laws or regulations.
6. Support
Please contact our support service with any questions or issues related to the Service. The support service also handles any complaints. Contact details can be found below in section 16.
7. Changes to the Service and these Terms of Use
We strive to continuously improve the Service, which is why we reserve the right to update and modify the Service and/or the Offering (or parts of it) at any time. This may include, for example, the complete or partial removal of services and products that were originally part of the Service. We aim to inform you of changes via the Service, by email, in these Terms of Use or through another method we consider appropriate. We strive to notify you of any material changes at least one month before they take effect. If you do not accept the change, you may discontinue the use of the Service.
8. Intellectual property rights etc.
- The content of the Service, such as texts, trademarks, graphics, logos, button icons, images and their compilations, all software used in the Service and the content of the Offering belong to us, our licensors or our suppliers (“Intellectual Property Rights”). These rights are protected under applicable law, including but not limited to copyright law and other laws protecting intellectual and proprietary rights. You agree to comply with all applicable laws and not to alter or remove copyright or ownership notices in such Intellectual Property Rights.
- The software included in the Service and the Application is licensed to you rather than sold. You receive a non-exclusive, non-transferable, and time-limited right to use the software through the Service. We and/or our licensors or suppliers retain ownership rights to all copies of the software, even after installation on your Mobile Device and relevant servers. You agree that we have the right to assign this license or part of it to a third party. You may not assign this license or any part of it, nor otherwise transfer or sublicense the rights under the license to any third party.
- Any third-party software included in the Service is licensed to you either under these Terms or under the license terms provided by the respective third party. You are obliged to observe and comply with any such terms when using the Service.
- You may use the Offering only for private purposes and may make copies of the content and use such copies in accordance with applicable law. Unless otherwise required by mandatory law, you do not have the right to adapt or modify the Service or the Offering, or to rent, sell, sublicense or otherwise distribute, transfer or assign the Offering (or any part of it) or any copies thereof.
- All trademarks, names and logos within the Service and/or the Application are the property of their respective owners/licensors. Except as permitted by mandatory law, the reproduction, distribution, modification, performance or publication of material protected by copyright or trademark law is prohibited without the prior written consent of the author, trademark holder or licensor.
9. Specific terms of the Application
You understand and agree that we may occasionally release updated versions of the Application and make automatic electronic updates to the version of the Application on your Mobile Device. You consent to all automatic updates on your Mobile Device and that these Terms also apply to such updates.
In accordance with section 8 above, you are granted only a limited license to use the Application. We, our licensors and/or our suppliers retain ownership rights to the Application (and any copies of it), as applicable.
The following specific terms in this section apply to the use of the Application on Apple iOS-based Mobile Devices (“iOS version”) and are valid between you and us (not with Apple Inc. [“Apple”]):
a) Apple operates the App Store where you can download the iOS version
b) You agree to use the iOS version only in accordance with Apple’s then-current terms governing the App Store
c) We, not Apple, are solely responsible for the iOS version and for the Service and Offering available through it. Apple has no obligations or liabilities to you regarding the iOS version or these Terms
The following specific terms apply to the use of the Application on Android-based Mobile Devices (“Android version”) and are valid between you and us (not with Google Inc. [“Google”]):
a) Google operates the Google Play store where you can download the Android version
b) You agree to use the Android version only in accordance with Google’s then-current terms governing Google Play
c) We, not Google, are solely responsible for the Android version and for the Service and Offering available through it. Google has no obligations or liabilities to you regarding the Android version or these Terms
10. Personal data
By providing your personal data during the registration of the User Account and accepting the Terms of Use, you consent to the processing of your personal data in accordance with the Privacy Policy, see https://www.herrfors.fi/fi/tietosuoja/gdpr/.
11. Availability and coverage
- The Service is generally available 24 hours a day, seven days a week. However, we do not guarantee uninterrupted or error-free use of the Service. The Service may occasionally be partially or fully unavailable due to necessary backups, maintenance, improvements, security updates or similar actions. We will notify you of such planned interruptions when possible.
- Electricity network companies, electricity sales companies and other relevant sources provide the consumption data and other information displayed within the Service. Our goal is to ensure that all information in the Service is accurate, comprehensive and up to date, but we cannot guarantee the complete reliability or accuracy of the information presented as part of the Offering within the Service.
12. Limitation of liability
- We are not liable for direct or indirect damages, such as lost profits, income, savings or goodwill, losses caused by operational disruptions, data loss, indirect damages or other consequential damages. We are also not responsible for the implementation or functionality of control devices. To the extent the Application contains information or links to third-party websites or resources, such references are provided for informational purposes only, and we have no control or responsibility over the content of such websites or resources.
- If our obligations regarding the Application or the Service are made difficult or prevented due to circumstances beyond our control, and the consequences of which we could not reasonably have avoided or overcome, this constitutes a basis for exemption from liability, meaning release from damages and other consequences.
13. User access and viruses
- You are responsible for configuring your own IT, computer programs and operating system to access the Service and the Application.
- You must not misuse the Application by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other materials that may be harmful or otherwise technically damaging. You must not attempt to gain unauthorized access to the Application or the servers where the Application is stored, or to any server, computer or database connected to the Application. You must not attack the system through denial-of-service attacks (DoS), including but not limited to service interruption attacks. Violating the above may constitute a criminal offense, and we will report any such violations to the appropriate authorities. You will immediately lose your right to use the Service in case of such violations and agree to indemnify us from liability resulting from such breaches.
14. Assignment
We have the right to assign our rights and obligations under this Agreement in whole or in part.
15.Governing law and dispute resolution
- These Terms of Use and the Agreement concerning the use of the Service are governed by Finnish law.
- If you are dissatisfied or have a complaint concerning the Service, please contact us first so we can try to resolve the dispute together and reach a mutual understanding. In case of a dispute, you also have the right to contact the Consumer Disputes Board (for example at kuluttajariita.fi and kuluttajaneuvonta.fi).
- Additionally, the European Commission has created an online platform for consumer dispute resolution outside the court system. This allows you as a consumer to resolve disputes related to online purchases without going to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr.
- In addition to the above, you also have the right to turn to a general court of law.
16. Contact information
Oy Herrfors Ab
Kauppiaankatu 10
68600 Pietarsaari
Finland
Email: info@herrfors.fi
Last updated: 9.2.2024