TERMS OF USE
EFFECTIVE DATE: 8th of October 2024
1 ACCEPTANCE OF TERMS
These Terms of Service ("Terms") govern our relationship with you as a user of [communication service Bebop], including [Bebop] apps and website ("Services"). Services are offered to you by [StoryDrops Oy] (["StoryDrops"], "our", "we" or "us"). By registering, accessing, downloading, installing, or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, do not access or otherwise use the Services.
2 AGE
You must be at least 13 years old to use the Services. By using the Services, you represent and warrant that you meet this age requirement. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Service under the supervision of a legal guardian who agrees to be bound by these Terms.
3 USER ACCOUNT
To use the Services, you need to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4 PRIVACY POLICY
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you consent to the practices described in the Privacy Policy.
5 ACCEPTABLE USE
You must use our Services according to these Terms. You must access and use our Services only for legal and acceptable purposes.
You agree not to use the Services for any unlawful or prohibited purpose, including but not limited to:
· Harassing, threatening, or defaming others;
· Distributing spam or other unsolicited messages;
· Distributing, creating, uploading or transmitting any content that is unlawful, infringing, invasive of any rights or otherwise objectionable;
· Impersonating another person or entity;
· Violating any intellectual property rights;
· Uploading or transmitting viruses, malware, or other harmful software;
· Using Services for any illegal purpose;
· Collecting or storing personal data about other users without their consent.
6 USER CONTENT
You retain ownership of the content you create and share using the Services. By using our Services, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, publish and distribute your content that you upload, send, receive, or store on or through our Services. The rights you grant are limited for the purpose of operating and providing our Services to you.
You are solely responsible for your content and any consequences that arise from sending or publishing it. You represent and warrant that you are the creator of the content or have full ownership of all rights to the content.
7 INTELLECTUAL PROPERTY
The Services and all related software are the property of us and our licensors. You agree not to copy, modify, distribute, or create derivative works based on the Services without our prior written consent.
We hold all copyrights, trademarks, domains, logos, trade secrets, and other intellectual property rights related to our Services. You may not use any of these rights without our explicit permission.
8 FEES
By using this service, you agree to pay the agreed fees (if any) for the use of the Service. The right to use the Service is contingent upon the payment of these fees. If we do not receive your payment of the agreed fees when the payment is due, we may terminate your access to the Service.
We reserve the right to modify the fees at any time, subject to prior written notice. Such modification of the fees may be necessary e.g. due to increase in the costs of providing the Services, changes or modification made to the Service, changes in applicable laws (including taxes), or other similar reasons. If you do not accept the new fees, you may terminate your subscription, with such termination becoming effective upon the entry into force of the new higher fees.
9 TERMINATION
You may terminate your license to use the Services and these Terms at any time, at your discretion, by ceasing to use the Services or deleting your account.
We reserve the right to terminate or suspend your account and access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.
Moreover, we reserve the right to terminate your account and access to the Services subject to reasonable notice, if we, for any reason, decide to discontinue the provision of the Service or any part thereof.
10 DISCLAIMERS REGADING AVAILABILITY AND CHANGES TO THE SERVICE
The Services are provided "as is" without warranties of any kind, either express or implied. We do not warrant that the Services will be error-free or uninterrupted, or that any defects will be corrected. We do not control, nor are we responsible for, how our users interact with or use our Services.
You acknowledge that the Services may be subject to interruptions (e.g. due to maintenance or other reasons), and we do not warrant the availability of the Service or any specific service levels. We reserve the right to make changes to the Services at our discretion.
11 LIMITATION OF LIABILITY
IN NO EVENT SHALL [STORYDROPS] BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES. SUBJECT TO APPLICABLE MANDATORY LAWS ONLY, OUR TOTAL LIABILITY IS IN ALL CASES LIMITED TO EUR [100].
12 INDEMNIFICATION
You agree to indemnify and hold [StoryDrops] harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of the Services or your violation of these Terms.
13 GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of [Finland], without regard to its conflict of laws principles. However, these Terms will not limit any statutory consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
Any legal action or proceeding arising under these Terms or otherwise in relation to the Service shall be brought exclusively in the competent courts of Finland, unless applicable mandatory laws allow you as a consumer to bring proceedings in your own jurisdiction.
You are entitled to utilize the consumer dispute resolution provisions that apply within your jurisdiction. If you are a resident of the EEA, you have the option to use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes, available here: https://ec.europa.eu/consumers/odr.
14 CHANGES TO TERMS
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website or through our Services. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.
15 THIRD-PARTY SERVICES
The Services may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access third-party websites or services at your own risk.
16 ADDITIONAL PROVISIONS
16.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
16.2 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral.
16.3 Waiver
The failure of [StoryDrops] to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.
16.5 Force Majeure
[StoryDrops] shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to earthquake, flood or other similar natural catastrophe, war or insurrection, interruptions in general traffic, data communication or supply of electricity, strikes or other labor disputes, or any other force majeure event.
17 CONTACT INFORMATION
If you have any questions or concerns regarding these Terms, please contact us at:
[StoryDrops Oy]
[Tarkkampujankatu 10 A 2, 00150 Helsinki, Finland],
[info@storydrops.app]
PRIVACY POLICY
1 GENERAL
[StoryDrops] is committed to protecting and respecting your privacy. The purpose of this Privacy Policy is to provide the information required by the EU General Data Protection Regulation 2016/679 ("GDPR") and other applicable data protection legislation on how [StoryDrops Oy] (["StoryDrops"], "we", "us" or "our") processes personal data of the users of communication service app [Bebop].
2 CATEGORIES OF PERSONAL DATA
We require certain information to deliver our services to you and without it, we are not able to provide our services to you. We collect personal data directly from you when you use our services and when you register or log into our services.
We may process the following types of personal data:
· Account information: Name, username, and contact information.
· User content: Voice messages, messages, and any other content shared through the app.
· Technical data: Device information, IP address, login information, and app usage data.
· Customer support information: Information that you choose you include in communications with us.
· Location data: Geolocation data if you have enabled location services for the app.[KRO1]
3 PURPOSES AND LEGAL BASES FOR THE PROCESSING OF PERSONAL DATA
We process your personal data for the following purposes and based on the following legal grounds:
· To provide our services: We process your data to provide, operate and customize the services, as this processing is necessary to perform our contract with you (Art. 6(1)(b) GDPR).
· To communicate with you: We provide the support you have requested and any additional customer support necessary to perform our contract with you (Art. 6(1)(b) GDPR). Additionally, we have a legitimate interest in sending you updates and other communications (Art. 6(1)(f) GDPR).
· To ensure security: Processing is necessary to pursue our legitimate interest to ensure safety and to prevent and detect fraud, misuse, and security breaches (Art. 6(1)(f) GDPR).
· To develop and improve our services: We process your data to improve our services, as we have a legitimate interest in ensuring that our services meet your needs and expectations (Art. 6(1)(f) GDPR).
· To comply with legal obligations: We may process your data to comply with applicable laws and regulations (Art. 6(1)(c) GDPR).
· With your consent: Where required, we will obtain your consent before processing your data for specific purposes (Art. 6(1)(a) GDPR).[KRO2]
4 RECIPIENTS AND RECIPIENT GROUPS OF PERSONAL DATA
We may use the following external service providers as data processors in processing your personal data, such as:
· IT systems and cloud service providers
· [Payment service providers]
Each service provider processes personal data only to the extent necessary for the provision of the service. Each disclosure of personal data is done in accordance with requirements of GDPR and applicable legislation.
We may also transfer or disclose personal data to law enforcement or regulatory authorities if required by applicable laws.
If we are involved in a corporate transaction, personal data may be disclosed to third parties in relation to such transaction in accordance with the applicable data protection laws.
5 TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES
We do not as a rule transfer data outside the European Union or the European Economic Area ("EU/EEA"). However, if it becomes necessary to transfer any personal data outside the EU/EEA, such transfers will be subject to the conditions set out in data protection legislation, such as the European Commission's Standard Contractual Clauses or other transfer mechanism designated in the GDPR.
6 DATA RETENTION PERIOD OR CRITERIA FOR DETERMINING THE RETENTION PERIOD
We retain your personal data only as long as necessary to fulfil the purposes for which it was collected or to comply with legal obligations. The retention period may vary depending on the type of data and the purpose for which it is processed.
7 SECURITY OF THE PROSESSING
We take the security of your personal data seriously and implement appropriate technical and organizational measures to protect it against unauthorized access, loss, or alteration. These measures are designed to ensure a level of security appropriate to the risk, considering the nature of the data we process and the potential impact of any security breaches.
8 RIGHTS OF THE DATA SUBJECT
As a data subject, you have the following data protection rights:
· Right of access your data: You have the right to receive information from us whether we are processing your personal data. If your personal data is being processed, you may request a copy of your personal data that is being processed.
· Right to rectification of your data: If there are changes to your personal data, or you notice that the data stored relating to you is no longer valid, you have the right to ask us to rectify or complete the data.
· Right to have your data erased ("right to be forgotten"): You are entitled to have your personal data erased under specific circumstances, such as where you have withdrawn your consent, where you object to processing based on legitimate interests and we have no overriding legitimate grounds, or where personal data is unlawfully processed.
· Right to data portability: In certain situations, you have the right to receive all such personal data which you have provided in a structured, commonly used machine-readable format, and to require us to transmit it to another data controller where this is technically feasible.
· Right to object: In certain situations, you have the right to object to processing of your personal data, upon which the processing shall cease. You have the right on grounds relating to the particular situation, to object to the processing if the processing is based on a legitimate interest.
· Right to restriction of processing: In certain situations, you have the right to limit the processing of your data to specific purposes. This means that the data controller must refrain from using the data during the period for which the right applies. This right may be used e.g., if the data subject contests the lawfulness of the processing or the accuracy of the data, and the data controller is in a process of verifying the accuracy of the data.
· Right to withdraw consent: You have the right at any time to withdraw your consent to the processing of personal data. Withdrawal of consent has no effect on the lawfulness of processing carried out prior to withdrawal.
· Right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with the competent supervisory authority, in particular in the EU/EEA member state of your habitual residence, place of work or place of the alleged infringement, if you consider that your personal data has been processed in violation of applicable data protection laws.
9 HOW TO CONTACT US
To ask us questions related to the processing of personal data or this Privacy Policy, please contact us at:
[StoryDrops Oy]
[Tarkkampujankatu 10 A 2, 00150 Helsinki, FINLAND]
[info@storydrops.app]
10 CHANGES TO THE PRIVACY POLICY
We reserve the right to amend this Privacy Policy at any time.
This Privacy Policy was last updated on 8th of October 2024.