Software Service Licence Agreement between Accountor HR Solutions Ltd and the end-user.

Before you use the Service (as defined in section 1) for the first time, please read this licence agreement (hereinafter “the Agreement”) carefully.

By clicking on the “Accept” button, you accept the terms and conditions of this Agreement. USE OF THE SERVICE SHALL ALWAYS BE DEEMED TO MEAN THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS IN ALL RESPECTS. If you do not accept all of the terms of this Agreement, please select “Do not accept”. In this case, you will not be entitled to use the Service.

The parties to this Agreement are the end-user of the Service (you as a private person) and Accountor HR Solutions Ltd, which grants the right to use the Service. This Agreement grants the end-user only certain limited rights to use the Service. Accountor HR Solutions reserves all other rights to the Service. This Agreement defines the end-user’s rights to use the Service and is not a contract of sale.

In addition to this Agreement, the right to use the Service is based on a separate agreement (hereinafter “Main Agreement”) concluded between the company or entity represented by the end-user or any other entity and Accountor HR Solutions, in which the fees related to the use of the Service and the terms of validity of the right of use are agreed upon, among other things.

​1. Service

In this Agreement, the term “Service” refers to the software service to which the end-user has been granted access under this Agreement and the Main Agreement. The Service includes the following parts: (i) an ERP system, (ii) extranet sites, (iii) a mobile application, (iv) any updates, modifications and copies of the Service (collectively referred to as “Updates”), (v) all materials, documentation and other written resources included in the Service, and (vi) the visual design of the Service.

This Agreement, any extensions or modifications that accompany the Service and any subsequent supplements and/or Updates constitute the entire licence agreement for the Service.

2. Validity of the Agreement

This Agreement shall be effective immediately upon the first login to the Service after the end-user’s acceptance of the terms and conditions of the Agreement as set out above and shall remain in effect until the end-user’s right to use the Service is terminated in accordance with section 12 of this Agreement or the Main Agreement.

3. End-user licence

Accountor HR Solutions grants the end-user a limited license to use the Service for the purposes and under the conditions set out in the Main Agreement. The licence is non-exclusive and valid only for the internal activities of the company or entity acquiring the licence.

The licence to use the Service is personal, unless otherwise expressly agreed upon in the Main Agreement. The end-user undertakes not to sell, rent, lend or otherwise transfer the licence to use the Service to a third party. The end-user shall not be entitled to transfer, disseminate, distribute, sell, disclose or otherwise make available to the public the material contained in the Service (including output data) or any part thereof.

The end-user undertakes to store their username and password with due care and not disclose them to third parties. The end-user is responsible for the use of the Service with their username and password and undertakes to immediately inform Accountor HR Solutions of any disclosure of the username or password to a third party or suspected misuse of the username or password.

In order to maintain the data security of the Service, Accountor HR Solutions may require the end-user to change the password to the Service and may also issue other necessary instructions and orders to the end-user regarding the use of the Service.

The end-user may copy the documentation related to the Service only for the internal use of the entity they represent.

4. Intellectual property rights

Ownership, copyright and other intellectual property rights to the Service, excluding the Customer Materials as defined below, belong entirely and exclusively to Accountor HR Solutions or its licensors.

The copyright and other intellectual property rights to the materials which the end-user uploads or adds to the Service and to which Accountor HR Solutions does not have any rights (hereinafter “Customer Materials”) belong to the end-user or a third party from whom the end-user derives its rights to use such materials. Accountor HR Solutions shall be entitled to use the Customer Materials for the purposes of this Agreement and the Main Agreement.

The end-user shall not be entitled to (i) misuse, edit, translate, modify or copy (except for technical copies necessary for the permitted use of the Service) the Service, or transfer the licence to use it, (ii) use the Service or any material or output from the Service (directly or indirectly) to create, teach, develop or improve another service or other product or software, except for public interfaces to the Service, (iii) circumvent any technical limitations of the Service, (iv) examine the way the Service is made or attempt to discover the source code of the Service in any way, (v) resell, rent, lease, transfer, loan, sublicense or otherwise grant any rights to use the Service, or (vi) use the Service in any unlawful manner. The end-user undertakes to ensure that all materials produced by using the Service are clearly and explicitly labelled with the source of the material and Accountor HR Solutions copyright to the Service.

5. Using the Service

The end-user is responsible for all information they include in the Service and its accuracy.

The end-user shall not interfere with, restrict or hinder the activities and use of the Service by other users of the Service. The end-user undertakes not to store files containing viruses or other malicious software or parts thereof on the Service, and not to distribute and disseminate such files. The end-user undertakes not to transmit through the Service or upload to the Service any material that is contrary to law or good practice or that infringes the intellectual property rights or other rights of third parties.

Accountor HR Solutions shall be free to develop and modify the Service and the hardware and software requirements for the use of the Service. Accountor HR Solutions shall have the right to provide the Service in any manner it deems appropriate.

Accountor HR Solutions has the right to interrupt the provision and availability of the Service if this is necessary due to the Service or its technical modification or renewal, due to installation, modification or maintenance work on the telecommunications network or if required by laws, regulations, official orders, instructions or statements. Accountor HR Solutions shall do its utmost to ensure that the interruption does not last unnecessarily long and that any inconvenience is kept to a minimum. Accountor HR Solutions shall endeavour to give advance notice of these interruptions where reasonably practicable.

Accountor HR Solutions shall have the right to block the end-user’s access to the Service and/or prohibit the use of the Service temporarily or permanently if the end-user behaves in a manner contrary to this Agreement, the law or good practice, for example.

6. Processing of Personal Data 

Accountor HR Solutions acts as a processor of personal data when providing the customer with the software service and possibly other services that require the processing of personal data on behalf of the controller. For such processing of personal data, Accountor HR Solutions has entered into a separate Data Processing Agreement with the customer as part of the Main Agreement, with the purpose of ensuring uniform data protection and security practices. In these situations, the processing of data subjects’ data is governed by the controller’s privacy statement or other documentation informing data subjects of the processing.

Where permitted by data protection laws, Accountor HR Solutions may use personal data or other information obtained from the use of the Service to (i) detect security incidents and enhance security; (ii) protect against fraudulent or illegal activities; (iii) maintain and improve the use, quality and features of the Service; and (iv) identify usability problems and better understand the needs of the users of the Service.
Accountor HR Solutions may also act as a data controller, in which case information on the collection, processing and storage of data is described in Accountor HR Solutions Privacy Statement.

7. Maintenance and technical support

Accountor HR Solutions is not obliged to provide maintenance, technical support or other services to the end-user, unless otherwise agreed upon in the Main Agreement.

8. Other obligations

Accountor HR Solutions obligations under this Agreement are limited to those expressly set out in this Agreement.

9. Limitations of liability

The end-user accepts that the Service is provided “as is” without any obligation to modify or update the Service. Accountor HR Solutions does not guarantee or warrant that the Service will be uninterrupted, error-free or fit for its intended purpose. Accountor HR Solutions shall not be liable for any direct or indirect damage to the end-user resulting from this Agreement or use of the Service, unless otherwise required by mandatory law.

10. Applicable law and general provisions

This Agreement shall be governed by Finnish law, excluding the provisions and principles of international conflict of laws. Efforts will be made to resolve disputes relating to this Agreement through negotiation. Disputes arising from this Agreement shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce.

If any part of this Agreement is found to be invalid, the remainder of the Agreement shall not be affected and shall remain in full force and effect. Any changes to this Agreement must be made in writing.

The end-user shall not be entitled to transfer any part of this Agreement or any rights or obligations under this Agreement to a third party without the prior express written consent of Accountor HR Solutions

11. Changes  

Accountor HR Solutions reserves the right to change the contents of this Agreement unilaterally and without separate notice. We recommend that you check the contents of the terms and conditions regularly.

12. Termination of the Agreement

This Agreement and the end-user’s licence to use the Service will automatically terminate upon termination of the Main Agreement. The end-user may also terminate this Agreement at any time by giving written notice to Accountor HR Solutions, in which case the end-user’s licence to use the Service will terminate immediately.

Upon termination of the end-user’s licence to use the Service, all material related to the Service must, according to Accountor HR Solutions request, either be destroyed or returned to the following address: Accountor HR Solutions Oy, Keilaniementie 1, 02150 ESPOO.