PHAVER – TERMS OF SERVICE
Welcome to Phaver, a digital recommendation and discovery platform provided by Phaver Oy for consumers and social media influencers for the purpose of creating, sharing, evaluating and viewing a curated selection of one’s favourite products (the “Platform”) enabling the users of the Platform to make more educated, higher quality purchases.
The person registering to the Platform (the “User”) shall read these Terms of Service with due care. By accepting these Terms of Service as part of the sign-up procedure to the Platform (e.g. by clicking “I agree”), the User accepts these Terms of Service (the “Agreement”) and will be bound by this Agreement with Phaver Oy (Business ID 3019296-3, Lapinlahdenkatu 16 00180 Helsinki, Finland) (“we”, “us”, “our” or “Phaver”). This Agreement applies to any use of the Platform. If the User does not agree to the terms of this Agreement, the User shall not use the Platform.
The Agreement is concluded between us and the User only, and not with Apple Inc., and we, not Apple Inc., are solely responsible for the Phaver App and the content thereof as set out in the Agreement. The User agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon the User’s acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the User as a third party beneficiary thereof.
By finalizing the registration to the Platform, the User hereby warrants to have the required authority to register to and use the Platform.
“Phaver App” means the mobile application of the Platform available for download from AppStore and GooglePlay.
“Phaver Website” means Phaver’s website on which the browser-based version of the Platform is available.
“User Reward” means the compensation payable to User in accordance with the User Reward Policy.
“User Reward Policy” means the policy available on the Platform laying down the criteria for the payment of User Rewards.
2. USE OF THE PLATFORM
Subject to due sign-up and registration to the Platform as well as compliance with the terms of this Agreement, the User has a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Platform in the form offered to the User by us from time to time for the purposes set out herein. The User’s right to use the Platform is valid during the term of this Agreement. The use of the Platform is free of charge.
The license granted to the User for the Phaver App downloaded from Apple’s App Store is further limited to a non-transferable license to use the Phaver App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Platform and this Agreement.
The User is responsible for obtaining the equipment, connections and software necessary to use the Platform as well as for any costs relating thereto.
We are continuously developing the Platform and we may change or remove different parts of the Platform, including its functionalities and features, in part or in whole. We may make modifications or changes to the Platform at any time at our sole discretion and without notifying the User thereof.
We are not responsible for retaining any materials or information that has been uploaded by the User to the Platform. User shall not use the Platform for storing or backing up any materials or information.
Apple has no obligation whatsoever to furnish any maintenance and support Platforms with respect to the Phaver App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support.
3. REGISTRATION AND USER ACCOUNT
When registering to the Platform and creating a user account, the User shall submit accurate and current details, as requested. The User shall update his/her details in case of any changes.
The registration to the Platform shall be performed through the User’s social media account (Facebook, Google or Twitter) or by creating a login upon registration. When using a social media account, the User shall allow Phaver to access certain user account information in relation to the social media account through which the User accesses the Platform. The User shall choose a username on the Platform.
Once registration to the Platform is completed, the User can access his/her user account and complete or edit the User’s profile information, provided that the User complies with this Agreement.
User’s user account is personal. User shall not disclose his/her social media accounts’ passwords to third parties or let third parties use his/her user account to the Platform. User is responsible for all use of the Platform under his/her account.
User shall promptly inform Phaver of any disclosure or loss of a relevant password or of unauthorized use of User’s user account.
We have the right to terminate the User’s account to the Platform and/or prevent the User’s access to the Platform at any time, for example in case we deem that the User has breached this Agreement, added misleading, inaccurate, inappropriate, unauthorized or illegal content to the Platform or caused harm to us or the other users of the Platform.
4. USER REWARD PAYMENT SYSTEM
Compensation for interesting and useful User Content
We offer the User the possibility to be rewarded for generating interesting and useful User Content. User Rewards are based on the other users’ purchases of products included in the User’s User Content. More information is contained in the User Reward Policy available on the Platform.
In order to be paid User Rewards, the User must a) be at least 18 years old and/or have the legal capacity to enter into and comply with this Agreement or b) be at least 16 years old and ensure to have the expressed permission of his/her guardian to accept this Agreement and ensure to be able to provide such express permission to Phaver without undue delay if requested by Phaver.
We reserve the right to modify the User Reward Policy at any time. We therefore suggest the User to consult the User Reward Policy when in need of current information relating to the payment criteria of User Rewards.
Phaver undertakes to make reasonable efforts in order to pay the User Rewards to the eligible Users. However, local legislation and regulation of the User’s country of residence may make the payment of User Rewards infeasible. Phaver reserves the right, at its sole discretion, to refrain from paying the User Rewards in such circumstances
If the conditions defined in the User Reward Policy are met and the User is entitled to be paid User Rewards, the User will be requested to provide the information necessary to affect the payments.
Currently available payment methods will be listed in the User Reward Policy. Phaver will make reasonable efforts to offer as many payment method options as possible. In cases where we are unable to remit a payment due to lack of sufficient payment information provided by the User, we will keep funds available for the User for ninety (90) days after the initial payment date. If the User is unable to provide us with payment details required for a successful payment in said timeframe, we reserve the right to nullify the payment.
Phaver reserves the right to deduct any costs related to the chosen method of payment from the total payment sum.
Additional information relating to the payment of User Rewards is set out in the User Reward Policy.
The User agrees to comply with applicable tax legislation in relation to User Rewards. The User declares to be solely responsible for his/her taxation and declares to exonerate Phaver of any tax liability with respect to the payment of User Rewards.
5. USER GENERATED CONTENT
In connection with the use of the Platform the User may post content, including without limitation links, photographs and comments, to the Platform ("User Content").
The intellectual property rights relating to the User Content shall belong to the User or User’s licensor, as the case may be.
The User grants Phaver an irrevocable, perpetual, worldwide, non-exclusive and royalty free right to use and store the User Content in any form and for any purpose.
The User is responsible for the User Content and for having obtained all necessary rights to add the User Content to the Platform to be used in accordance with this Agreement. The User shall ensure that the User Content does not infringe any third-party intellectual property rights or violate any applicable laws or legislation. The User shall not add any illegal, offensive, threatening, libelous, defamatory, or otherwise inappropriate User Content to the Platform.
The User expressly acknowledges and agrees that Phaver is not obliged to monitor, edit or control the User Content. However, we reserve the right, at our sole discretion, to remove or not to publish, at any time and without notice to the User, any User Content we deem to be inappropriate or in violation of this Agreement, applicable law or any third party rights.
The User expressly undertakes to refrain from posting User Content for which the User gets paid by a third party. For clarity, publication of User Content on the Platform may generate the User third party income explicitly based on purchases or other actions by other Users, but not for publishing content on the Platform, such as receiving a payment explicitly for posting a recommendation.
The User expressly acknowledges and agrees that the photographs forming part of the User Content shall always relate to the products recommended by the User.
Phaver has the right to collect and generate anonymous data and statistics from User Content and User’s use of the Platform (“Aggregate Data”) for updates and development of the Platforms. The intellectual property rights and title to Aggregate Data shall belong to Phaver.
The User may regularly evaluate and report to Phaver its views on and input regarding the Platform, including in regard its performance and functionalities (“Feedback”).
Phaver shall receive all ownership rights and intellectual property rights in the Feedback (including all derivatives and improvements thereof). The User acknowledges that Phaver may use the Feedback for any purposes, including incorporating the Feedback into the Platform (including all improvements thereof) and utilizing the Feedback when further developing the Platform itself or through a third party. However, nothing in this Agreement shall constitute an obligation for Phaver to use any Feedback provided by the User in any way.
7. PROTECTION OF COPYRIGHT
Notification on copyright infringement
If the User or a third party suspects that the Platform contains material infringing the User’s or the third party’s copyright or neighbouring rights, the User or the third party shall notify us thereof by emailing us at email@example.com.
The above notification shall include the following information:
the notifying party’s name and contact information;
an itemisation of the material, for which prevention of access is requested, and details of the location of the material;
confirmation that the material which the request concerns is, in the notifying party’s sincere opinion, illegally accessible on the Platform;
information concerning the fact that the notifying party has in vain submitted his/her request to the content provider or that the content provider could not be identified;
confirmation by the notifying party that the notifying party is the holder of copyright or neighbouring right or entitled to act on behalf of the holder of the right; and
the notifying party’s signature.
On the basis of a notification complying with the above requirements, we will prevent access to said content available on the Platform.
Notification to the User and the User’s plea
In case we have received a copyright infringement notification described above in relation to the User’s User Content, we immediately notify the User of prevention of access to the User Content in question and supply the User with a copy of the notification on the basis of which prevention was made.
If the User considers that the prevention is groundless, the User may get the User Content returned by delivering to the notifying party a written or electronically delivered plea within 14 days of receiving the notification from us. A copy of the plea shall be delivered to us.
The plea shall include the following information:
the User’s name and contact information;
the facts and other reasons under which prevention is considered groundless;
an itemisation of the material for which prevention is considered groundless; and
the User’s signature.
If the plea meets the requirements set out above and is delivered to the notifying party within the time limit, Phaver shall not prevent the User Content in question from being returned and kept available on the Platform unless otherwise agreed between Phaver and the User or unless otherwise provided by an order or decision by a court or by any other authority.
8. INFORMATION AVAILABLE ON THE PLATFORM
The information posted by other users and the other information available on the Platform is for informational purposes only and does not constitute professional advice.
The content available on the Platform may include information that the User finds erroneous, misleading or otherwise objectionable. For clarity, we make no warranty as to the information available on the Platform or its accuracy, reliability or fitness for a particular purpose. The information does not, in any way, reflect the opinion of Phaver or its affiliates.
9. RESTRICTIONS OF USE OF THE PLATFORM
The User may use the Platform only and strictly in accordance with the terms of this Agreement and only for the purposes set out herein.
Unless otherwise permitted in this Agreement, the User may not:
circumvent or attempt to circumvent any usage control or anti-copy features of the Platform;
probe, scan or test the vulnerability of the Platform;
use the Platform or the content available through the Platform in any manner that could damage, disable, overburden or impair the Platform;
use any data mining, robots, scraping, or similar data gathering or extraction methods;
use bots or other automated methods to use the Platform;
use, copy, sell, rent, transfer, license or otherwise provide anybody with the Platform and/or the content provided by anyone else available through the Platform, except as provided herein;
interfere with other users’ use and enjoyment of the Platform;
reverse engineer, decompile disassemble, decipher or otherwise attempt to derive the source code of the Platform or any related technology, or any part thereof;
use the Platform for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging;
create an account in the Platform using a fake identity or an identity of another person;
access the Platform except through the interfaces expressly provided by Phaver, such as the Phaver App and the Phaver Website;
use the Platform in violation of applicable law;
use the Platform in ways that violate intellectual property rights, trade secrets or privacy of third parties;
use the Platform for unauthorized, inappropriate or unethical purposes or activities; or
use the Platform to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment
10. THIRD-PARTY SERVICES AND CONTENT
Certain functionalities and content on the Platform may be provided by third parties.
This Agreement covers exclusively the Platform and the use thereof and any and all linked third-party services and content are provided by the relevant third parties and covered by their terms of service or other agreements or licenses. Phaver does not assume any liability in regard to use of such third-party services and content, whether or not they are referenced by or available on the Platform.
11. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or related to the Platform and the data generated by the Platform or the Users’ use of the Platform and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Phaver.
Except as expressly stated herein, this Agreement does not grant the User any intellectual property rights in the Platform and all rights not expressly granted hereunder are reserved by Phaver and its subcontractors or licensors, as the case may be.
To the extent we are required to provide intellectual property rights indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the iOS Phaver App or the User’s use of it infringes any third party intellectual property right.
12. LIMITATION OF LIABILITY
We try to keep the Platform up and running. The Platform may, however, at any time be temporarily interrupted or permanently discontinued and may contain errors and inaccuracies.
We are not responsible for damages caused by such interruptions, suspensions, errors or inaccuracies or from any use of the Platform by the User.
This section does not limit Phaver’s statutory liability for defects or delays in the Platform to our consumer users or consumer users’ statutory remedies under any applicable mandatory consumer protection laws.
13. WARRANTY AND CLAIMS
Except as specifically provided under this Agreement, the Platform is provided "as is" and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty.
We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Phaver App or the User’s possession and/or use of the iOS Phaver App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Phaver App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Phaver App’s use of the HealthKit and HomeKit frameworks. This Agreement does not limit our liability to the User beyond what is permitted by applicable law.
If the User uses the iOS Phaver App downloaded from AppStore, the User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
14. TERM AND TERMINATION
This Agreement shall enter into force immediately after the User has finalized the registration procedure to the Platform for the first time and accepted this Agreement as part of the procedure.
The User is entitled to terminate this Agreement by deleting his/her user account at any time. If the User is not able to delete the user account through the Platform, the User may request the deletion of his/her user account at any time by sending us an email to firstname.lastname@example.org. The email shall include User’s username and the email that the User used when registering to the Platform.
Phaver may terminate this Agreement and delete the User’s user account
immediately if the User fails to comply with any of its obligations under this Agreement;
immediately if Phaver stops providing the Platform;
immediately if the User has remained passive for more than 6 months in which case the User will be notified in writing 30 days before deletion of the user account and termination of this Agreement; or
any time and without stating any cause by 30 days’ written notice to the User.
After the termination of this Agreement for any reason, the User shall lose his/her access right to the Platform and none of the User’s User Content shall be visible or accessible to the User through the Platform or by other means. The User Content may, however, be stored on the Platform for a reasonable period to be determined by Phaver.
Upon termination of this Agreement, Phaver shall no longer be obliged to make any payments of User Rewards to the User.
All provisions of this Agreement that are intended to survive the termination or expiry of this Agreement shall do so.
15. AMENDMENTS TO THE TERMS AND OUR PRICES
We have the right to amend this Agreement by publishing the amended Agreement on the Phaver Website and/or the Phaver App and by notifying our registered users of the amendment by sending them an e-mail to the address they have submitted to us.
The amended Agreement will become effective within 30 days after they have been published.
By continuing to use the Platform after the amendments have been published, the User accepts the new terms of this Agreement.
The User cannot transfer or assign this Agreement. We may, however, transfer and assign this Agreement and our rights hereunder (including intellectual property rights and licenses) to our affiliates or as part of a sale or transfer of our business or other corporate acquisition.
17. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of Finland, notwithstanding its choice of law provisions.
Any dispute arising from or relating to this Agreement shall be subject to amicable negotiations between the User and Phaver. If no amicable settlement is reached, the dispute shall be settled by the District Court of Helsinki as the first instance.
Is the User is a consumer residing in the European Union he/she may also refer a dispute to online dispute resolution provided by the European Commission (please see http://ec.europa.eu/odr). Finnish consumers may initiate proceedings in the court of their domicile or refer a dispute to the Finnish Consumer Disputes Board (kuluttajariita.fi).
Any questions, complaints or claims with respect to the Platform, Phaver App or Phaver Website should be directed to: , Lapinlahdenkatu 16, 00180 Helsinki, Finland.