Terms and Conditions

These Terms and Conditions are effective from 1 March 2017. Updated on 25 May 2018.

1. General terms

These terms and conditions (‘Terms and Conditions’) are applied to the use of the MyCashflow online store services (‘Service’) provided by Pulse247 Oy, Business ID 2131570-6, Syväojankatu 3 A, FI-87700 Kajaani, Finland (‘Service Provider’). By opening the Service of the Service Provider and/or registering as a user of the Service, the private person, company and/or organization who opens or registers in the Service (‘Customer’) commits to adhering to these Terms and Conditions. Use of the Service is not allowed unless the Customer accepts these Terms and Conditions. For the sake of clarity, it is stated that with regard to a private person, a Customer is considered to be the private person who has been appointed as the account holder. For a corporate or organization customer, the person appointed as the account holder acts as the invoicing contact person for the Customer in question.

The Service is intended for users (‘User’) appointed by the Customer to use in the Customer’s business operations. With regard to private persons, the Service is only intended for those 18 years of age or older. By accepting the Terms and Conditions, a private person declares that he or she is at least 18 years of age. If a person opens the Service or registers in the Service on behalf of a company or an organization, the person declares that he or she has the right to commit to these Terms and Conditions in the name of the company or organization.

If a Service reseller approved by the Service Provider opens the Service on behalf of its customer, the reseller’s customer is directly bound by these Terms and Conditions, and such a customer is considered a Customer.

2. Registration to the Service

Use of the Service requires registration. You can register to use the Service at the www.mycashflow.fi website. When registering, the Customer confirms that they have read these Terms and Conditions. After registration, the Service Provider activates an online store (‘Online Store’) and creates access to the Service for the Customer. Registering in the Service is free of charge, and it does not form any obligation to use the Service.

Upon registration, a Customer must provide the required registration data (‘User Data’) on the basis of which the Customer can be identified and the Service can be used. The Service Provider has the right to remove an Online Store that has been activated using incorrect or deficient information. The Service must be activated by a human. Accounts opened by ‘bots’, or created automatically in another manner, are not allowed.

The Service Provider can offer different versions of the Service (‘Plan’). The different Plans are presented on the Service Provider’s website. A single Customer can only have one free Online Store.

Upon registering in the Service, the Customer joins a customer register maintained by the Service provider. The register is used for the purpose of delivering customer bulletins regarding the Service.

3. User Accounts

A single username can only be used by one User. Usernames shared between several persons are not allowed. However, several separate usernames can be established for one Plan. User rights to specific functions can be restricted.

The Customer is liable for the security of the usernames and passwords of the Users, and for Users storing their usernames and passwords carefully and not disclosing them to any third parties. The Customer is responsible for use of the Service with its usernames and passwords, and for the investigation and correction costs and other damages related to possible cases of misuse. The Customer must immediately notify the Service Provider if it suspects that its username or password has been disclosed to a third party or that any suspected misuse has occurred. Upon the Service Provider’s request, the Customer is required to change the password required to use the Service, if this is deemed necessary in the case of a data security threat aimed at the Service.

4. Fees, change of Plan, and refunds

The Service fees are presented and invoiced in euros. The price of the Service is determined in accordance with the Plan selected by the Customer. The valid value-added tax will be added to the prices. The Service Provider invoices the Customer on the basis of the billing period selected by the Customer. However, no fees will be charged for the free Online Store.

The Service Provider reserves the right to amend the Service prices. The new prices will take effect at the start of the next billing period. The Customer is entitled to terminate the Service so that it ends before the new prices are valid.

The Customer is free to change the Plan in use at any given time on the Service’s Account page. If the Customer switches the Plan in use to the most expensive package in the middle of a billing period, the Service Provider invoices for the difference in price of the Plan for the remaining months of the billing period. However, if the Customer switches the Plan in use to a more inexpensive Plan in the middle of a billing period, the fees already paid will not be refunded.

The term of payment for the invoice is ten (10) days from the invoice date. The Customer must make any remarks regarding the invoice within seven (7) days from receiving the invoice. The invoice is considered to have arrived at the Customer seven (7) days after having been sent to the invoicing address provided by the Customer.

If a payment is delayed, interest on the late payment is calculated according to the Interest Act. The Service Provider also has the right to charge for the collection costs as well as a fee for a payment request in accordance with the valid price list.

The Customer is responsible for notifying the Service Provider immediately of any changes in invoicing information.

The Service Provider will not make any refunds on partial months of Service use, on switching to a more inexpensive Plan, or on months when the Service has not been used.

5. Term and termination of the contract

The Contract enters into force when the Customer has registered in the Service. The Contract is valid for one billing period at a time. The Contract continues to be automatically valid to the end of the next billing period, unless it is terminated. Both the Customer and the Service Provider have the right to terminate the Contract. If the Customer is terminating the Contract, it must be done at the latest one (1) day before the end of the current billing period. If the Service Provider is terminating the Contract, it must be done at the latest fourteen (14) days before the end of the billing period.

The Customer must terminate the Service using the Service’s Account pages. The Customer cannot terminate the Service via telephone, mail or e-mail.

The Service Provider has the right to terminate the Contract with immediate effect without any term of notice, if the Customer has not paid its invoice within sixty (60) days from the maturity date of the invoice. The Service Provider also has the right to terminate the Contract with immediate effect without any term of notice, if the Customer or User has breached the Terms and Conditions.

6. Notifications and bulletins

Any notifications to the Service Provider (excluding the Customer’s notification of termination, which should be made in the Service) must be provided in writing to the Service Provider’s address mentioned above. The Service Provider can deliver a notification of termination and other notifications and bulletins related to the Service on the Service’s Web site at www.mycashflow.fi, or via the Service, e-mail or SMS, to the address provided by the Customer, or in another written format. The Customer is required to monitor any bulletins related to the Service and to act accordingly.

7. Intellectual property rights

All intellectual property rights, including copyrights to the Service, data related to the Service (excluding any Customer Data), and any changes made to such data, belong to the Service Provider. Customer Data means information or material transferred to the Online Store by the User or otherwise disclosed on behalf of the User to the Service Provider for the provision of the Service. The intellectual property rights to the Customer’s data belong to the Customer. The Service Provider has the right to use the Customer’s data and all the information and material provided by the Customer or Users in the Service, via the Service, or for the Service, in order to provide the Service and the additional services ordered by the Customer, and for providing technical support for the Service and additional services. If the Customer has delivered Customer Data to the Service Provider for inclusion in the Online Store, the Service Provider has the right to include the Customer’s data in the Online Store. The rights of use also include the right to make copies and amend the data as far as it is necessary with regard to the provision of the Service and/or additional services or their technical support, or for the purpose of including the Customer’s data in the Online Store.

If the Customer has ordered services from co-operation partners of the Service Provider, the co-operation partners of the Service Provider have the right to use, and the Service Provider has the right to disclose to its co-operation partners, any Customer Data and all information and material provided by the Customer or Users in the Service, via the Service or for the Service. This can be done as far as is necessary in order to provide the services of the co-operation partner or the required technical support for such services.

The Service is intended for the sole use of the Customer. If the Customer uses the Service’s free (Free) Plan, the MyCashflow text advertisement link must be included at the bottom of every page of its Online Store. The text advertisement link will be included on the pages by adding the tag {MyCashflowTextAd} in the layout theme of the Online Store.

The Service may include links to pages owned or maintained by third parties. The Service Provider is not liable for the content of such pages, nor for the services or products offered on such pages. The Customer and User must take into consideration that individual applications or other data included in the Service may include additional terms presented in connection with such applications or data.

8. Provision and use of the Service

The Service Provider commits to providing a professional service. However, the Service Provider provides the Service as is, and will not provide any guarantees of continuity of the Service or the Online Store, or of the Service being continuously available or completely secure or faultless. The Service Provider does not guarantee that the Service will meet the needs of the Customer or that all errors in the Service will be corrected.

The Service Provider has the right to freely change the Service, its availability, and the requirements set for the hardware needed to use the Service. If it so desires, the Service Provider has the right to cease provision of the Service.

Every attempt will be made to notify the User of any significant changes regarding the Service in a reasonable amount of time beforehand, on a website connected to the Service, in the Service, via e-mail, or in another manner. The duty to notify does not apply to technical changes, such as hardware or software updates.

The Service Provider has the right to use third parties for the provision of the Service.

Rectifying of possible fault situations in the Service begins as soon as possible within normal working hours. The Service Provider’s technical support is only available to users of the Service’s paid Plan. Technical support operates via telephone and e-mail in accordance with what the Service Provider has specified on technical support in more detail for each paid Plan.

The Service Provider has the right to interrupt provision of the Service if it is necessary in order to provide the Service, make a technical change or upgrade, perform installation, change or service work regarding a general network service, or if it is required by laws, regulations, ordinances of the authorities, instructions or statements, or recommendations by the sector’s associations. The aim of the Service Provider is to ensure that an interruption does not last for an unnecessarily long time and that the incurred damages remain as slight as possible. The intention of the Service Provider is to inform of an interruption beforehand either in the Service or in another manner. The Service Provider is not liable to compensate the Customer for any direct or consequential costs incurred by interruptions.

The Customer can request the Service Provider to interrupt the Service or close the Online Store.

The Service Provider has the right to interrupt the Service or close the Online Store if the Customer has not paid its invoice within 60 days of the maturity date or if the Customer is otherwise in breach of these Terms and Conditions.

With regard to the free Online Store, the Service Provider has the right to interrupt the Service or close the Online Store if the Customer has not logged in to the Online Store during the past six (6) months. In such cases, the Service Provider notifies the Customer of the interruption of the Service or closing of the Online Store via e-mail at the latest two (2) weeks prior to interrupting the Service or closing the Online Store. The Customer can avoid the removal of the free Online Store by logging in to the Online Store before the end of the two (2) week time limit mentioned above.

A fee in accordance with the currently valid price list will be charged for the closing and re-activation of the Service and the Online Store.

The Service Provider has the right to remove the Online Store and delete the Customer’s data in the Service if the Contract has been terminated or the Online Store has been closed. The Service Provider is responsible for storing the Customer’s data for a minimum period of fourteen (14) days after the termination of the Contract or the closing of the Online Store, whichever occurs first. However, even after this, the Service Provider has the right to store the Customer’s data on its servers or, if it so desires, to dispose of the Customer’s data. If the Customer wants to redeem the Customer Data, it must notify the Service Provider of this at the latest fourteen (14) days from the termination of the Contract or closing of the Online Store, whichever occurs first. The Service Provider then agrees to deliver the Customer’s data to the Customer for a separate charge in the electronic format generally used for storing the Customer Data, or as otherwise agreed.

The User cannot use the Service for direct marketing via the data network without permission from the recipients. The User is also not allowed to maintain any viruses, worms, or malware in the Service. The Service Provider has the right to prevent the User from accessing the Service if the Service Provider establishes that the User is misusing the Service or overloading the Service in an exceptional manner, or using the Service for activities other than legal business. If the Customer’s data communications capacity exceeds average use, the Service Provider has the right to restrict the Service’s data communications, until the communications problem has been resolved.

9. Online store content and trading

The Service Provider is not party to the trading in the Online Store; it only provides the Service to the Customer. The Service Provider is not liable for the content or other properties of the products or services offered in or accessed via the Online Store. The Customer is liable for all business activities carried out via the Online Store, and has the right to use the Online Store for legal business activities only.

The Customer is liable for the content of the Online Store and for ensuring that the data or material published in the Online Store does not infringe on any industrial property rights, privacy or other rights of third parties, or breach any laws, ordinances issued by authorities, or good practice. The Customer is responsible for the User not storing, disseminating or transmitting in the Service or via the Service any data protected by copyright, trademark or other rights without the permission of the holder of such rights. The Service Provider must not inspect the data or material delivered to the Service, but has the right to block or delete data or material from the Service if it infringes on any intellectual property rights, privacy or other rights of third parties, or breaches any laws, ordinances issued by authorities, or good practice. The Customer stores data and material in the Service Provider’s Service at its own risk.

10. Data Processing Agreement

The parties undertake to comply with applicable data protection legislation.

The Customer is responsible for Personal Data included in the Customer Data and acquired via the Online Store and all the duties related to the processing of Personal Data as the controller described in applicable legislation.

In the protection of privacy and Personal Data of the Customer and the Users, the Service Provider's Privacy Notice available in the Service is applied.

The relations, obligations and rights of the parties have been defined in the Data Processing Agreement, which forms an essential and integral part of these Terms and Conditions. In the event of an inconsistency between this agreement and the annex, the Data Processing Agreement takes precedence.

11. Responsibilities and limitations of liability

The Service is provided without obligation. The Service Provider does not guarantee that the Service will operate without interruption or fault. The Service Provider is not responsible for the functioning of the devices and software used by the Customer or User, nor for the compatibility with the Service of such devices and software. The aim of the Service Provider is to ensure that the Service fulfils reasonable data security requirements, but is not liable for any damage caused to the Customer or User due to deficiencies in data security or data security risks.

The Service Provider is not liable for the correctness, completeness or reliability of any data or other material displayed in the Service, nor for the content or other properties of products and services offered in the Service or accessed via the Service.

The Customer is responsible for the purchasing and operating condition of hardware, data connections and software required to use the Service, and for ensuring that the hardware, data connections and software do not cause harm, interference or damage to the Service Provider or other Internet users. The Customer is responsible for ensuring that in using the Service the Users do not infringe on any rights of other users, the Service Provider or third parties. The Customer is responsible for the protection of computers, information systems or other equivalent IT equipment it or the Users use, and for data communications and similar costs related to the use of the Service. The Customer is aware that the Internet as an operating environment may cause deficiencies in the functionality of the Service and the system, and that current information systems may cause data security risks.

The Customer is liable to the Service Provider and other parties for all damages caused by activities carried out illegally or against these Terms and Conditions.

The Service Provider is liable for the Service only to the Customer. The Service Provider is not liable for any damages caused to the Customer, User or their property (including, e.g. the Customer’s and User’s computer systems and other hardware and their data content) nor for any other consequential or indirect damages.

In any case, the maximum liability of the Service Provider is as follows: With regard to paid Services, the Service Provider’s liability for damages is limited to the total amount paid by the Customer for the Service during one (1) month. With regard to Services with no fees, the Service Provider is not liable for any damages caused to the Customer or User. The limitations of liability mentioned above do not limit the rights of the Customer or the User with regard to the compulsory legislation in Finland.

12. Changes to the Terms and Conditions

The Service Provider has the right to make changes to these Terms and Conditions. The Service Provider notifies of any changes to the Terms and Conditions and the time when such terms enter into force via the Service or e-mail. The changed Terms and Conditions are valid for use of the Service after the effective date of the changes. If the Customer or Users continue to use the Service, they are considered to have accepted the changed Terms and Conditions. The Customer has the right to terminate the Service if he or she does not accept the changed Terms and Conditions.

13. Other terms

If any provision of these Terms and Conditions is considered illegal or invalid in accordance with applicable legislation, this does not affect the validity of other provisions of the Terms and Conditions, and the invalid provision will be replaced with a valid provision, which executes the purpose and commercial goal of the original provision in the Terms and Conditions as best as possible.

The Customer does not have the right to transfer the Contract to a third party without the Service Provider’s consent. The Customer can propose transferring the Contract to a third party via the Online Store’s management tool using the ‘Transfer online store to another owner’ function and by providing the e-mail address of the new owner in the function in question. On the condition that the new owner accepts the Transfer of Contract and these Terms and Conditions, the Service Provider can approve the transfer and confirm the transfer with the Customer. The Customer is liable for use of the Service and all costs related to the use of the Service, until the Service Provider has confirmed the Transfer of Contract. However, if the Transfer of Contract is made in the middle of a billing period, the fees already paid by the Customer are not refunded. The Service Provider has the right to transfer the Contract to a third party by notifying the Customer of this.

In addition to these Terms and Conditions, possible service-specific special terms are applied to the Service. If there is any conflict between these Terms and Conditions and the service-specific special terms, the service-specific special terms have primacy.

14. Applicable law and disputes

These Terms and Conditions and the related contractual relationship are governed by the laws of Finland, and any disputes arising in connection with these Terms and Conditions are resolved in a spirit of conciliation. If no agreement is reached, disputes are resolved in the District Court of Kainuu, unless other results arise from mandatory legislation.