General Terms of Use

Fundis Application Oy · Effective from 2024

General

The Fundis service (“Service”) is a digital service, portal, and application provided by Fundis Application Oy (“Fundis”) that enables a community (“Beneficiary”), such as a sports club, to receive financial support from businesses (“Merchant”) when an end customer (“Customer”) uses the Service to pay for purchases from the Merchant.

The Service can be used by anyone who has the Fundis application and Service available.

Fundis implements and provides the Service in accordance with these terms of use (“Terms”).

The Customer, Merchant, and Beneficiary, hereinafter collectively (“User”), must carefully review these Terms before using the Service. By using the Service, the Customer, Merchant, and Beneficiary accept these Terms and commit to complying with these Terms in their current form. Fundis also enters into separate agreements with the Beneficiary and Merchant, which define the cooperation in more detail.

Service Description

The Service operates in cooperation with selected Merchants and Beneficiaries who have joined the Service.

The Customer can select Fundis Service as their payment method in the smartphone application and pay for products and services sold by Merchants directly to the Merchants through the Service.

The Customer also selects a Beneficiary in the Service to whom they wish to direct their support.

The Service payment transaction takes place with the assistance of a third-party payment processor, such as Stripe, and Fundis does not participate in any way in the payment service or payment processing.

The portal that Fundis provides to the Beneficiary and Merchant also makes it possible to track payment transactions in near real-time.

Using the Service

Users can use the Service and track their own payment transactions through the Service and portal.

Users must register for the Service by creating their own user credentials, which will be used when using the Service in the future.

Users only see their own information through the Service, and other Users cannot access each other’s information.

Users may also have different levels of access rights when using the Service.

User Responsibilities

Users are responsible for all information they provide to the Service and its accuracy.

When registering for the Service or activating the application, the User commits to carefully safeguarding their username and password. The User does not have the right to transfer the right to use the Service, including usernames or passwords, to a third party without Fundis’ written permission.

The User is responsible for all use of the Service and any resulting damages and costs arising through the User’s username and/or password. The User is responsible for ensuring that the username and password do not become known to third parties. To prevent misuse of the Service, the User commits to immediately notify Fundis if the User has reason to suspect that the username or password has come into the possession of a third party.

If the User violates these Terms, Fundis has the right to suspend the User’s access rights.

Pricing and Billing

Using the Service is free for the Customer.

When the Customer pays for products or services sold by the Merchant, a portion of the paid price is transferred to the Beneficiary selected by the Customer and a portion to Fundis.

The fee received by Fundis is based on the current agreement and pricing between Fundis and the Merchant. The fee refers to the fees for using the Service according to the current pricing.

Fundis is not in any way responsible for Merchants’ pricing or pricing principles. The Customer is obligated to pay the Merchant for products or services ordered through the Service according to the Merchant’s prices. Claims regarding the Merchant’s pricing must be made to the respective Merchant.

Fundis has the right to add to its prices and fees any taxes and charges based on current legislation or regulatory requirements.

Charging occurs only after the Customer has ordered the products or service.

A fee according to the pricing may be charged for additional work caused to Fundis by incorrectly made payments by the Customer.

Rights to the Service

All intellectual property rights to the Service, its parts, and content are exclusively the property of Fundis and/or its contractual partners. Intellectual property rights refer to copyrights and related rights, patents, utility models, design rights, trademarks, and any other registrable or non-registrable rights.

Users of the Service are not permitted to distribute, publish, copy, make publicly available, or otherwise commercially exploit the Service or any part of it, or to create another work, database, or service from the Service or any part of it in violation of these Terms. Users are only granted the right to use the Service in accordance with these Terms.

Provision and Maintenance of the Service

The Service is implemented as described in these Terms and is provided “as is.”

Fundis strives by reasonable means to ensure that the Service is continuously and uninterruptedly available to Users. However, Fundis is not responsible for the uninterrupted or completely error-free operation of the Service, nor for technical faults appearing in the Service, interruptions caused by maintenance or installation work, or the resulting alteration or loss of information contained in the Service or other information, problems, disruptions, or interruptions related to data transmission caused by third parties, unless otherwise required by mandatory legislation or the Terms.

Fundis has the right to suspend the provision of the Service or parts of it due to changes, upgrades, or related technical reasons, or due to repair, installation, or maintenance work on the telecommunications network or other similar reasons, or if required by legislation or other regulatory requirements. Fundis will limit the duration of the interruption to as short as possible. Advance notice of the interruption will be given when possible.

Fundis continuously develops the Service and has the right to modify the Service and its content as part of its normal operations in the manner and at the times it deems best. Fundis has the right to discontinue the provision of the Service or parts of it by giving at least one (1) month’s written notice.

Fundis is not responsible for the accuracy, reliability, errors, deficiencies, inaccuracies, or other faults of information transmitted through the Service, nor for the non-infringement of rights.

Discontinuing Use of the Service

Users can discontinue use of the Service at any time.

Users can discontinue use of the Service at any time by notifying Fundis in writing, for example by email.

Fundis has the right to terminate the User’s right to use the Service with thirty (30) days’ notice. The termination must be made in writing, such as by email.

Fundis may block the User’s access to the Service with immediate effect if the User has substantially and despite warnings failed to comply with or violated the Terms.

Fundis has the right to terminate the User’s right to use the Service immediately if the User is subject to a public payment default entry, the User is petitioned or placed into bankruptcy, the User’s financial position has otherwise substantially deteriorated, or there is another compelling reason for termination.

When the User’s right to use the Service ends for any reason, the validity of all ordered sponsorship items also ends at the same time.

Despite the termination of use of the Service, all obligations (including payment obligations) arising before termination remain binding on the User after termination in accordance with these Terms.

Limitations of Liability

Unless otherwise required by mandatory legislation, Fundis is not liable for any direct or indirect damages incurred by the User, such as lost revenue, profit, or savings, compensation payable to third parties, loss or alteration of data or damages resulting from these, or loss of profit.

Fundis is not liable for any indirect damages incurred by the User, such as lost revenue, profit, or savings, compensation payable to third parties, loss or alteration of data or damages resulting from these, or loss of profit.

The limitations of liability do not apply to damages caused intentionally or through gross negligence.

Processing of Personal Data

The use of the Service is subject to Fundis’ privacy policy, which is available at https://fundis.fi/tietosuojaseloste/. The privacy policy describes what personal data Fundis collects in connection with the Service and how such personal data is processed.

To the extent that Fundis processes personal data on behalf of the Customer, the above-mentioned terms regarding the processing of personal data apply.

Force Majeure

Fundis is not liable for breach of its contractual obligations caused by an obstacle beyond Fundis’ control (e.g., war, natural disaster, labor dispute, telecommunications disruption, reason related to an authority’s decision or procedure, etc.) that Fundis could not reasonably be expected to have taken into account at the time of entering into the agreement and the consequences of which Fundis could not reasonably have prevented.

Other Provisions

If any provision of these Terms is found to be unlawful or unenforceable on any grounds, this does not in any way affect the legality or enforceability of these Terms in other respects.

The Customer does not have the right to transfer the right to use the Service to a third party without Fundis’ consent. Fundis has the right to transfer the agreement regarding the use of the Service without the Customer’s consent to its group company or to another transferee whenever Fundis’ business is transferred in whole or in part, or, for clarity, also in a merger or demerger. Fundis has the right to transfer its receivables based on these Terms to a third party.

Fundis may use subcontractors. Fundis is responsible for the work of its subcontractors as for its own.

Applicable Law and Dispute Resolution

These Terms are governed by Finnish law, excluding conflict of law provisions.

All disputes arising from the Service and the agreement formed by its use shall be resolved primarily through negotiations between the parties. If an acceptable solution is not reached in negotiations, disagreements shall be resolved in the Helsinki District Court.

Fundis has the right to collect its overdue receivables in any general courts without first observing the obligation to negotiate.

Changes to the Terms

Fundis has the right to modify these Terms. Changes will be announced on the website, in the portal, or by email to the Customer’s contact person or otherwise to the Customer at least one (1) month before the changes take effect. A notice sent by email is considered received on the date of sending, unless Fundis immediately receives notification of the message’s delivery failure. If the Customer does not accept the change, the Customer may terminate the right to use the Service to end on the date the change takes effect by notifying Fundis in writing within fourteen (14) days of the date of the change notice. If the Customer does not notify of the termination of the Agreement within the aforementioned period, the changes will take effect on the date specified in Fundis’ change notice.

Fundis Contact Information