Terms of Service
1. Applicability
1.1 These terms of service apply to the provision and use of any software, content, information or application (hereinafter collectively referred to as the “Service”) Nordic Lights Oy (“Nordic Lights”) offers through the internet, as a cloud service or as a mobile application to a customer who uses the Service (hereinafter referred to as the “User”). The User agrees to use the Service in compliance with these terms throughout the term of the user right and agreement and as long as the User uses the Service. If the User enters into a user agreement on behalf of an entity, such as a company or other legal entity, the User represents that it has the legal authority to bind that entity to a user agreement concerning the use of the Service. These terms may be updated by Nordic Lights from time to time by providing prior written notice. The Service is intended for professional users such as installers, service technicians, OEM partners, and distributors. Users must be at least 18 years old.
2. Service Provider
2.1 Nordic Lights’ contact details for complaints, customer service and support:
Nordic Lights Oy
Business ID: 1739093-0
VAT ID: FI17390930
Bennäsvägen 155
68600 JAKOBSTAD, FINLAND
Internet: www.nordiclights.com
3. The Service
3.1 The Service enables users to measure, configure, and adjust lighting installed on machinery. The application may connect to installation tools that measure lighting angles and display results. The results may be stored as part of machine configuration data. More detailed and up-to-date service descriptions for the Service are provided upon request and may also be available at Nordic Lights’ website https://www.nordiclights.com.
The Service may function partially without internet connectivity. During offline usage data may be stored locally on the device and synchronization with Nordic Lights systems may occur once connectivity is restored. Users are responsible for ensuring data synchronization when required and available.
3.2 Use of the Service may require, depending on the applicable service:
a) a data connection;
b) a device, such as a computer, smartphone or tablet computer with a web browser or other software;
c) acceptance of these terms and conditions (always mandatory);
d) downloading and installing an application;
e) possibly, creation of a user account; and
f) logging into the account for using the Service.
3.3 By registering a user account and/or using the Service, the User (1) agrees to be bound by these terms and conditions, and (2) understands that Nordic Lights may process personal data relating to the User in accordance with its privacy policy in force from time to time (available at: https://www.nordiclights.com).
3.4 The User is responsible at its own expense for acquiring and configuring the device, data connection and software required for using the Service, as well as acquiring and installing any necessary updates. Nordic Lights does not provide any warranties that the Service will function error-free on all possible devices, browsers and operating environments. For details on technical requirements, visit Nordic Lights’ website or contact Nordic Lights.
3.5 Nordic Lights will (a) make the Service available to a User pursuant to these terms, (b) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Nordic Lights may give advance notice), and (ii) any unavailability caused by circumstances beyond Nordic Lights’ reasonable control. Nordic Lights will also, pursuant to these terms and Nordic Lights’ general data security and data protection principles as well as privacy policy, protect and keep confidential the data the User has provided or entered into the Service.
4. Changes to the Service and to These Terms
4.1 Nordic Lights reserves the right to make changes to these terms and conditions and to the Service. Nordic Lights informs about essential changes to these terms and the Service on its website and/or by email or through the Service. The changes will enter into force at the specified time. Unless a separate date for the entry into force of the change has been specified, the change will enter into force when the change is made. By continuing to use the Service after the terms or the Service have been changed, the User is deemed to have accepted the changes and committed to comply with them. If the User does not accept the changes to the Service or to these terms, the User must stop using the Service.
5. Use of the Service
5.1 Nordic Lights grants the User a limited, non-exclusive, personal and non-transferable license to use and access the Service in accordance with these terms and conditions, the applicable laws and any other terms and conditions possibly agreed between Nordic Lights and the User when concluding a user agreement for the Service. If Nordic Lights has reason to believe that the User’s use of the Service is not in compliance with these terms, the applicable laws, good practice or the other terms and conditions of an agreement, Nordic Lights may delete or limit the user rights or take other actions it considers necessary.
5.2 Use of the Service, or certain features of the Service, may require the creation of a personal user account and the provision of certain personal data (e.g. name, email address) in connection with the creation of the user account.
5.3 The User is responsible:
a) for all use of the Service, which takes place under the User’s user account and user agreement;
b) for providing correct, sufficient and truthful information required for creating and maintaining a user account in the Service;
c) for not violating any third-party rights when using the Service, entering content into the Service, creating content in the Service or sharing content through or from the Service;
d) for keeping the username and password confidential and secure, not sharing them with anyone and not using any other person’s username and password;
e) for not using the Service for fraudulent, criminal, illegal or deceptive activities;
f) for following all relevant safety procedures when adjusting lighting on machinery;
g) for not copying, modifying, or creating derivative works of the Service, technology related to it, or information contained therein;
h) for not misusing the Service by knowingly or negligently introducing viruses, trojans, worms or other materials that damage or are technically harmful to the Service; and
i) for not storing or entering sensitive personal data into the Service (at least excessively), as it may not have been designed for such purposes.
5.4 Nordic Lights has the right, but no obligation, to monitor that the User uses the Service in compliance with these terms. If Nordic Lights becomes aware of activity that it considers to be violating these terms, it may restrict or suspend access, delete or modify content, terminate the account responsible for such activity, or take any other measures it considers appropriate without any liability to the account holder who Nordic Lights considers to be violating the terms.
5.5 With regard to user agreements concluded with a legal entity, the initial number of user accounts is defined in a purchase order or an agreement between Nordic Lights and the entity with whom the agreement is concluded. If the entity customer adds user accounts in excess of the above limit, Nordic Lights may invoice the subscription fee for the additional users. The subscription fee will be automatically increased to reflect the higher number of users.
6. Prices and Fees
6.1 With the exception of free versions and features, the use of the Service and any associated services are or may be subject to payment of applicable fees. Prices for the Service (or for its paid features) and other service fees are defined in a purchase order or an agreement between Nordic Lights and the User and may be also presented on Nordic Lights’ website or in the Service. If fees or service charges have not been agreed in advance, Nordic Lights’ price list shall apply. Nordic Lights may update its prices and fees by a written notification. If the User does not accept the price increase or change, it may stop the use of the Service and terminate the agreement by providing a written notification to Nordic Lights. If the User continues using the Service after a price increase, the User is deemed to have accepted the price increase or change for the subsequent contract term.
6.2 Unless otherwise notified, value added tax (VAT) or other similar taxes and fees are not included in the prices and fees, which shall be added and payable by the User in accordance with applicable laws.
6.3 All payments shall be made in the currency and in accordance with a payment method and billing period specified by Nordic Lights from time to time. Subscription periods paid in advance are generally non-refundable. The interest rate for delayed payments is in accordance with the Finnish Interest Act. Failure to pay the prices and fees may also lead to the closure of the user account or suspension of access to the Service.
7. Personal Data and Privacy
7.1 As a data controller, Nordic Lights processes personal data pursuant to its privacy policy in force from time to time, which is available on the Nordic Lights website (https://www.nordiclights.com). Privacy policy is not considered a part of these terms and conditions.
8. Availability, Maintenance and Interruptions
8.1 The Service is usually available 24/7. However, Nordic Lights does not guarantee uninterrupted or error-free use of the Service. The Service may from time to time be completely or partially unavailable due to necessary backups, maintenance, improvements, security updates or similar activities. Nordic Lights will inform the Users of planned outages whenever possible. Nordic Lights is not responsible for any damages or harm caused by interruptions in the use of the Service. All maintenance and support work is by default performed remotely from Nordic Lights’ location on weekdays during normal business hours. Nordic Lights makes backup copies and deletes data contained in the Service in accordance with its normal IT and data retention policies. Contact Nordic Lights for further information on these policies.
9. Intellectual Property Rights and Data Entered by the User to the Service
9.1 The Service (including any modifications, updates and bug fixes to it) and content and services relating to it are protected by copyright and other intellectual property right laws and are and shall remain the sole and exclusive property of Nordic Lights or its licensors, as the case may be. Other intellectual property rights, such as trademarks, patents, designs or trade secrets, may as well relate to the Service, which also belongs to Nordic Lights or its licensors. No intellectual property rights are transferred from Nordic Lights to the User; the User is only granted a limited, non-transferable and non-exclusive license and right to use the Service in accordance with these terms for its customary use and purpose.
9.2 If a User enters, creates or shares content in the Service while using it, the intellectual property rights relating to such content are owned by the User or other applicable rights holder. However, Nordic Lights (and its local business and services partners, as the case may be) has and is granted an unlimited, worldwide and transferable right to use the content entered, created or shared by the User for providing the Service, for developing the Service, for analytical purposes, for monitoring the use of the Service or, in compliance with these terms, applicable laws and Nordic Lights’ privacy policy, for any other reasonable business purpose of Nordic Lights that can be expected from use of the Service. Nordic Lights has also the right to generate aggregate and anonymous data from data entered by a User or otherwise relating to Users’ use of the Service. Aggregate and anonymous data are data from which it is not possible to identify a person and that is not considered personal data. Nordic Lights may use this aggregate and anonymous data for its business purposes and is considered data owned by Nordic Lights.
10. Term and Termination
10.1 As long as a User uses the Service, these terms apply. Unless otherwise agreed, either party can terminate a user agreement for the Service by providing at least one (1) month’s written notice to the other party. If the concluded order or user agreement for the Service specifies a fixed subscription term for the Service, the agreement cannot be terminated for convenience during the fixed subscription term pursuant to this clause. If the order or user agreement for the Service specifies that the subscription is automatically renewed for a new similar subscription period, the subscription is automatically renewed, unless either party terminates the subscription before the new subscription period begins.
10.2 Nordic Lights may also terminate the agreement with immediate effect or by giving a reasonable notice, if (1) the User does not pay the applicable service fees even after Nordic Lights’ notification of a due payment, (2) the User uses the Service in violation of these terms, the applicable laws or good practice, (3) the User’s account has remained inactive and/or unaccessed for a substantial period of time, as reasonably considered by Nordic Lights, (4) the User uses a free version of the Service, which Nordic Lights wants to stop offering, (5) the provision of the Service to the User violates or could violate, in Nordic Lights’ justified opinion, applicable laws, regulations or decisions by authorities, or (6) Nordic Lights makes a decision to end, discontinue or substantially modify the provision of the Service.
10.3 If a User has not paid the applicable access subscription fee for a period of 30 days, Nordic Lights has the right to deactivate the User’s account. After 12 months from the date of the expiration of the access subscription, Nordic Lights has the right to delete completely and terminate the account.
10.4 An agreement for provision and use of the Service may be terminated for breach upon written notice to the other party by either party in case of breach of an agreement or these terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party.
10.5 Upon termination of the agreement between Nordic Lights and the User relating to use of the Service, (a) Nordic Lights has the right to deactivate and delete the User’s account as well as any data entered by the User, as soon as reasonably practicable after the effective date of termination or expiration, unless a specific time period is provided in these terms, (b) the User must stop using and prevent the further usage of the Service by the effective date of termination as well as pay any amounts owed by it to Nordic Lights under these terms and the agreement. If an agreement is terminated, the User is not entitled to any refund on payments invoiced or made prior to the effective date of termination, unless otherwise specifically agreed. The terms and conditions which by their nature and purpose are intended to survive termination, shall survive any termination or expiration of an agreement.
11. Special Terms for the Mobile Application Version of the Service
11.1 The following special terms apply to the use of the Service as an application on Apple’s iOS-based mobile devices and are between the User and Nordic Lights, not with Apple Inc.:
a) Apple maintains an App Store where you can download the iOS version of the Service;
b) the User hereby agrees to use the iOS version only in accordance with Apple’s then-current App Store terms and conditions; and
c) Nordic Lights, not Apple Inc., is solely responsible for the iOS version and the Service available through it. Apple Inc. has no obligation or liability to the User with respect to the iOS version of the Service or these terms.
11.2 The following special terms apply to the use of the Service as an application on Android-based mobile devices and are between the User and Nordic Lights, not with the company Google Inc. or Alphabet:
a) Google maintains the Google Play store where a User can download the Android version of the Service;
b) the User hereby agrees to use the Android version only in accordance with Google’s terms and conditions regarding Google Play; and
c) Nordic Lights, not Google Inc., is solely responsible for the Android version and the Service available through it. Google Inc. has no obligation or liability to the User with respect to the Android version of the Service or these terms.
12. Applicable Law and Dispute Resolution
12.1 An agreement between the User and Nordic Lights, these terms and the use of the Service are governed by the laws of Finland, without regard to its conflicts of law rules and principles.
12.2 Any dispute arising between the parties will be settled amicably. Failing amicable settlement, the dispute will be settled as follows:
a) If the User’s domicile is in Finland, the dispute will be heard in the first instance at the Ostrobothnia District Court, Finland; and
b) If the User is domiciled outside Finland, the dispute shall be finally settled by arbitration in accordance with the rules of expedited arbitration under the Finnish Central Chamber of Commerce. The arbitration shall be held in Helsinki, Finland and the arbitration proceedings shall be conducted in Finnish or English. The Parties agree to keep confidential all information, documents and material relating to the arbitral proceedings as well as the arbitration award.
c) Nordic Lights shall also, however, have the right to bring up any claim, related to a receivable, in any district court in the User’s jurisdiction.
d) If the User is a consumer domiciled in the EU, it cannot be deprived of the rights granted to them by the mandatory consumer protection laws of their country of domicile. A consumer may always institute proceedings in the district court of its domicile. Consumers may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found at http://ec.europa.eu/odr. Finnish consumers may always refer a dispute to the Finnish Consumer Disputes Board (see more: kuluttajariita.fi and kuluttajaneuvonta.fi).
13. Limitation of Liability
13.1 Although Nordic Lights has exercised great care in developing and maintaining the Service, Nordic Lights does not provide any warranties that the Service would operate error-free. Nordic Lights does not give any guarantees about the results that may arise from the use of the Service, accuracy of measurements, or the suitability of the Service for a specific purpose. Nordic Lights is not responsible to the User or to any third party for indirect damages, or lost profits, revenue, savings or goodwill, losses caused by malfunctions, loss of data, consequential damages or punitive damages. Furthermore, Nordic Lights is not responsible for any claims made by or damages suffered by third parties. Nordic Lights is also not responsible for Users’ use of the Service, damage to machines or equipment, incorrect lighting configuration, compatibility with all devices, inability to use the Service, or for the content or data entered, created or shared by a User in the Service.
13.2 Unless otherwise determined by mandatory laws, the aggregate cumulative liability of Nordic Lights to a User is limited to the calculated average monthly fee excluding VAT multiplied by three (3). Prior to claiming any monetary damages from Nordic Lights, Nordic Lights shall always have the primary right to correct a breach or deficiency by correcting its performance or reperforming it. Any claims for damages against Nordic Lights must be brought no later than six (6) months after the User became aware of the event giving rise to the respective claim. Thereafter all claims arising out of that event against Nordic Lights shall be barred.
13.3 The limitations of Nordic Lights’ liability apply whether an action is in contract or tort and regardless of the theory of liability.
13.4 These limitations of liability apply to the extent permitted by mandatory legislation.
14. General Terms
14.1 Nordic Lights shall not be deemed to be in breach of agreement, or otherwise be liable to the User, for any failure to perform, or any delay in performance, caused by reasons beyond Nordic Lights’ control.
14.2 These terms and the additional agreed-upon terms in a user agreement contain the entire agreement between the parties and supersede all prior communication, discussions and agreements relating to the subject matter.
14.3 The User does not have the right to transfer the user agreement, its user rights to the Service, or any other rights or obligations related to a user agreement, in whole or in part, to a third party if not expressly agreed by Nordic Lights in writing. Nordic Lights may assign the agreement and its rights and duties to a third party without the User’s permission, including, without limitation, in connection with debt collection, any merger, consolidation, or sale of all or substantially all of associated assets, or similar transaction or business reorganization.
14.4 Information, terms, warranties, specifications or conditions contained in Nordic Lights’ website and other marketing materials are for informational purposes only and do not bind Nordic Lights.