Joiku Booking is an e-commerce platform that allows the customer to create their own online store for offering and selling products and services online. Joiku Booking provides extensive integrations with different sales channels, including the world's largest accommodation and activity service providers, ensuring the broadest possible audience for the customer's services.

By creating a Joiku Booking account or using the Joiku Booking e-commerce platform, you accept these terms of service. This agreement is made between you or your company or organization ("Customer") and Comgate Oy ("Seller") and concerns the implementation and use of the Joiku e-commerce platform ("Service"). If you start using the Service on behalf of a company or organization, you represent that you have the right to enter into binding agreements on behalf of that company or organization.

Trial Period

The Seller may offer the Customer a fixed-term free trial of the Service. These terms apply to the trial period. During the trial period, the Customer may terminate the Service at any time with immediate effect and without a notice period.

If the Customer does not terminate the Service before the end of the trial period, the Seller has the right to charge, and the Customer is obligated to pay, for the Service according to the valid price list.

Use of the Service

The Customer and third parties acting on behalf of the Customer have the right to use the Service in their business operations during the term of the agreement. The Customer does not have the right to transfer their right of use, nor to resell or otherwise distribute the Service to third parties without the Seller's written consent.

User Accounts and Their Use

The Customer is responsible for ensuring that its users keep the credentials required for using the Service secure and do not disclose them to third parties. The Customer is responsible for all use of the Service through its credentials. The Customer must notify the Seller without delay if a credential becomes known to a third party or if misuse of a credential is suspected.

The Customer agrees to the following terms regarding acceptable use of user accounts.

• Unlawful activity. The Customer must not use its account or the Service for unlawful activity or in a way that promotes unlawful activity or encourages others to unlawful activity;
• Customer materials. The Customer is responsible for all materials published in or uploaded to the Service, including products and services;
• The Customer must not offer products or services, or publish or upload material to the Service, that infringes third-party intellectual property rights, such as copyrights or trademarks;
• The Customer must not use its credentials or the Service to attempt unauthorized access to any system, network, service, or account not belonging to the Customer, nor attempt in any way to weaken the security of the Service.

The Seller reserves the right to suspend the Customer's user account and terminate the Service if the Customer or its user violates the above account usage terms.

Service Content and Service Level

The Customer is responsible for ensuring that the Service is suitable for the Customer's intended use and that it meets the Customer's requirements regarding the Service. The Customer uses the Service at its own risk.

The Seller provides the Service as is. The Seller reserves the right at any time to modify the Service or parts of it, or to discontinue providing the Service or parts of it.

The Service includes tasks related to training the Customer's personnel only to the extent separately agreed in writing.

The Seller is responsible for backing up the Customer's material. However, the Seller is not liable for destruction, loss, alteration, or damage to the Customer's material caused by use of the Customer's credentials or otherwise by the Customer's own actions.

Prices and Payment Terms

The Service is invoiced according to the Seller's valid price list in advance in 3-month billing periods. The Seller reserves the right to change the price list. Changes to the price list are notified to the Customer 30 days in advance.

The payment term is 14 days net. Late payment interest is according to applicable Finnish interest law.

Intellectual Property Rights and Customer Material

This agreement does not transfer existing intellectual property rights between the parties.

Intellectual property rights to the Service and the Seller's materials, and any modifications to them, belong to the Seller or a third party.

Ownership and intellectual property rights in the Customer's material belong to the Customer or a third party. The Seller has the right to use the Customer's material for delivering the Service and for purposes in accordance with this agreement.

The Customer accepts that when uploading material to the Service, (a) internet users may view the Customer's materials; (b) the Seller may store and, if the material is uploaded as public, display material to the public; and (c) the Seller has the right, but not the obligation, to review the Customer's materials at any time and, when necessary, remove the Customer's material from the Service.

The Seller has a non-exclusive right and license to use the Customer's name, trademarks, marks, and logos in marketing the Service.

Protection of Personal Data

To the extent that the Seller processes personal data on behalf of the Customer, the Data Processing Agreement applies.

Suspension of the Service

The Seller has the right to suspend providing the Service to the Customer if the Customer (a) has not paid an invoice sent by the Seller for use of the Service, (b) breaches this agreement, or (c) uses the Service contrary to this agreement. In addition, the Seller has the right, without hearing the Customer, to block the Customer's access to the Service or suspend the Service if the Seller has justified reason to suspect that the Customer is overloading the Service or otherwise using it in a way that endangers delivery of the Service to other users.

The Seller has the right to suspend providing the Service due to necessary installation, modification, maintenance, or update measures. The Customer will be informed of suspensions in advance when possible.

Limitation of Liability

The Seller is not liable for direct or indirect damages caused by the Customer's use of the Service or by the Customer being unable to use the Service.

The Seller is not liable for acts or omissions of third parties.

In all cases, the Seller's liability for damages is limited to at most the amount invoiced by the Seller for the Service during the billing period preceding the damage.

Customer Responsibility and Third Parties

The Customer is fully responsible for (a) goods and services that the Customer sells or markets in the Service, and related defects and problem situations such as overbookings; (b) the Customer's material uploaded to the Service; and (c) ensuring that the Customer's goods, services, and material comply with the terms of third-party services connected to the Service. The Seller is not responsible for goods or services sold by the Customer in the Service, nor for the Customer's material.

The Customer is obligated to comply with the terms of third-party services connected to the Service and enabled by the Customer.

The Customer is obligated to defend the Seller at its own expense against claims from third parties and to compensate the Seller for damages resulting from the Customer's (a) breach of contract; (b) use of the Service contrary to this agreement; (c) goods or services sold or marketed in the Service, related defects or problem situations, and the Customer's material; or (d) failure to comply with the terms of third-party services connected to the Service and related breach by the Customer.

The Service includes integrations with third-party services. The Seller is not responsible for any third-party service or material brought into the Service from a third-party service. Only the terms applicable to that third-party service apply to such service.

Confidentiality

The parties shall keep confidential all trade secrets and other confidential information concerning the other party, its customer, and their operations that are marked as confidential or should be understood to be confidential ("Information"). A party shall not disclose or use such Information for its own or anyone else's benefit in any way other than as necessary to perform tasks under this agreement.

The confidentiality obligation does not apply to Information that

1. is public or becomes public during the period of the confidentiality obligation;
2. was rightfully in a party's possession before receiving the same Information from the other party;
3. is received by a party from a third party entitled to disclose the Information to that party; or
4. has been independently and demonstrably developed by a party without using the Information.

Assignment and Amendments

The Customer does not have the right to transfer this agreement without the Seller's written consent.

The Seller has the right to transfer this agreement to a third party that assumes the Seller's contractual obligations in all essential respects.

Term and Termination

This agreement remains valid until further notice. The parties may terminate the agreement to end at the conclusion of the current contract period by delivering written notice of termination to the other party no later than 30 days before the end of the billing period.

The parties have the right to terminate the agreement if the other party materially breaches the agreement. However, if the breach is remediable, termination requires that the breaching party has not remedied the breach within a reasonable period set in writing by the other party, which must be at least 30 days.

Cooperation Obligation After End of Agreement

When the agreement ends, the Seller must reasonably assist in transferring the Customer's material to the Customer or to a party designated by the Customer. This cooperation obligation remains in force for 3 months after the end of the agreement. The Seller's price list applies to work related to this cooperation obligation.

Governing Law and Dispute Resolution

This agreement is governed by Finnish law.

Disputes arising from this agreement are finally resolved by arbitration in accordance with the arbitration rules of the Finland Chamber of Commerce. The arbitral tribunal consists of one arbitrator. The place of arbitration is Helsinki, Finland. The language of arbitration is Finnish, unless otherwise separately agreed.