Terms of service

Last updated Jan 16, 2014

1. Foreword

This is a legal document (known as “Terms of Service”) which, upon accepting it (by selecting the appropriate checkbox, accept-button, or by using the service), imposes binding obligations on you as a user of our services and us (Jolla Ltd.) as a service provider. Before you make your decision on whether to accept these Terms of Service or not, we want to ensure that you have an understanding of what Jolla is like as a company, and what to expect when you join our community. We have thus included at the beginning of this document our Navigation Principles, which attempt to summarise what Jolla is all about. The legally binding Terms of Service begin in the section that follows. As Terms of Service bind you legally, please review its terms carefully. By indicating your acceptance, we trust that you have actually read these terms. If the terms are unclear or raise concerns, please contact us at care@jolla.com and we will do our best to help you.

2. Navigation Principles

Jolla is about openness and freedom, and we want our services to reflect the same. Although we had to summon the privateers of the dark seas (who some call lawyers) to help us draft these Terms of Service, we have done our best to keep them in control and make sure these terms reflect what we see as our guiding principles:

  • Be open. We believe openness drives innovation. It is the method by which freedom and community growth are achieved.
  • Foster freedom. We do not believe in walled gardens, we prefer the open sea. We want our products and services to free you to express yourself as you see fit, not lock you down to a view of the world imposed on you by us.
  • Listen to the community. We sail or sink with you, our users. Our strength lies in our community, and it is only by a joined effort with you that we can succeed on our journey.

These are the principles we strive to live by. If you ever think we have failed to live up to our goal, let us know and we will try to do better.

3. Scope

These Terms of Service apply to your use of your Jolla Account, the services we make available to you, and our website(s) (“Services”). Note that additional terms might apply to certain services (“Service-specific Terms”). In such cases you will be asked to approve the Service-specific Terms before you can use the service in question. Note that in addition to these Terms of Service, we can, from time-to-time, publish various policies related to the use of our services (“Policies”). These Policies, when published, will be made available on our website at Jolla.com. The Policies cover specific topic areas, such as privacy, and are an integral part of these Terms of Service. You must review and accept any such Policies before you can continue using our Services. In case of any conflict between the Policies, the Service-specific Terms and this document, the Policies prevail, followed by the Service-specific Terms and this document.

4. Your eligibility to use our Services

Our Services are generally available to people of all ages. The following age limitations apply, however, to specific cases:

  • If you are considered a minor in the country you reside in, you must ask your legal custodian’s permission before making any purchases.
  • If you are under thirteen, you should not use any of our Services that require you to provide us with personal data. See our Privacy Policy for more information on how we collect and process personal data.
  • If the Service-specific Terms imposes additional age requirements, you must comply with those requirements before you can use the service in question.

5. Your right to use our Services

In consideration of your compliance with these Terms of Service we grant you the right to access and use our Services for your own personal non-commercial use. You agree not to use the Services for any other purposes. Your right to use is subject to the following licence restrictions: Licence restrictions. You are expressly prohibited from doing any of the following acts:

  • Hacking, modifying or interacting in any harmful way with our Services.
  • Uploading and/or displaying: (i) any material protected by copyright or other intellectual property rights without the prior approval of the respective rights holder, or (ii) any illegal or otherwise inappropriate or obscene material.
  • Using our Service for any illegal, fraudulent or unauthorised purpose.
  • Copying any elements of our Services, including code, graphics, sounds, our name, trademark, logo or other proprietary information, without our prior written consent.
  • Circumventing or breaching any security or any authentication measures put in place by us.
  • Transmitting any worms or viruses, or any code of a destructive nature.
  • Providing us false or misleading information.
  • Collecting from any third parties personal data or personally identifiable information in violation of any data protection and/or privacy laws.
  • Encouraging or soliciting any third party to do any of the above acts or any other act that infringes these Terms of Service.

If we, in our reasonable discretion, consider that you are violating the terms of the licence and these Terms of Service, we reserve the right to, in addition to any other remedies available, to suspend or close down your account. If we receive a complaint about a specific content you have uploaded being in breach of our Terms of Service, we reserve the right to remove such content from our Services.

6. Third Party Content

Our Services may include or link to content developed by third parties (“Third Party Content”). We cannot accept any liability for errors, omissions or other deficiencies in such Third Party Content. In some limited cases Third Party Content can be subject to its own terms of use, which you need to comply with in order to use such Third Party Content. In such cases we will notify you of the fact and ensure you must accept the third party terms before you can use the Third Party Content.

7. Ownership

Jolla and Sailfish are registered trademarks of Jolla Ltd. Jolla’s product names are either trademarks or registered trademarks of Jolla. Our Services are protected by copyright, trademark, trade secrets and other intellectual property rights of Jolla and our licensors. These Terms of Service do not grant you any rights in our Services or our intellectual property rights as such, except for your right to use the Services in accordance with these Terms of Service. In some cases you might be able to submit your own materials into our Services. We claim no intellectual property rights over such material. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant us a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of, such material solely in our Services. This right must be perpetual, as we do not have the technical capability to manually remove all material you might have submitted to our Services.

8. Privacy

Your privacy is of utmost importance to us, as we believe that by protecting your privacy, we also make our Services better. In order to see how we collect and process personal data, please see our Privacy Policy. Your acceptance of the Privacy Policy is required before you can use any parts of our Services that require you to submit personal data to us.

9. No Warranty

We provide our Services on an “as is” and “as available” basis. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES OR ANY THIRD PARTY CONTENT, TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Limitation of liability

We are not liable for any indirect losses suffered by you as a result of using our Services. Such indirect losses include, but are not limited to, loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill, any loss or corruption of or damage to data, or any loss or damage which was not a reasonably foreseeable result of either our breach of contract or our breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time that we and you entered into a contract, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached the contract or our legal duty of care. Our total aggregate liability for direct losses is limited to the higher of the following: (i) the total fees actually paid by your for Services during the last six (6) months, or (ii) fifty (50) euros. You agree to indemnify and hold us (and our directors, employees or partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

11. Termination

Your licence to use the Services will terminate automatically if you fail to comply with these Terms of Service. After termination, you must delete all copies of any software and documentation related to the Services that you have installed on your device. Either one of us can terminate these Terms of Service at any time for no reason: you by notifying us via the in-account functionality (if available) for closing down the account, and us by notifying you via email at the email address you gave at registration.

12. Governing law and jurisdiction

In the event a dispute arises between you and us, please email us at care@jolla.com, so we can attempt to resolve it promptly. If we cannot find an amicable solution, all disputes shall be resolved in the first instance exclusively by the district court in Helsinki, Finland. These Terms of Service shall be subject to the laws of Finland, excluding its choice of law provisions.

13. General provisions

Your rights and obligations under this Agreement (including the licence) are personal to you, and are thus not assignable. Because we are constantly developing our Services, we need to reserve the right, at any time and our sole discretion, to: (i) change these Terms of Service, (ii) launch, change or close down Services. When we do so, we will use our reasonable efforts to notify you of what we have done. This notification can happen either via our website, via the Service, or via an email notice sent to your email address you gave us at registration.