Terms of Use

1. Terms of Use and Description of the Service

Yoso Oy (hereinafter “Yoso”) offers the POPULON and POPULON COACH service (hereinafter “Service”) to its users (the “Customer”) in accordance with these Terms of Use. The Customer of the Service is a natural person who has been granted access to the Service.

The Service is only intended for persons of the age of 13 and older. A person under the age of 13 may use the Service with the consent of their guardian.

Use of the Service always requires personal registration, and one person can have only one username. A Customer may belong to several different Communities and act in different roles, such as an administrator of a sports club or a regular member of a club. A Customer may also act in the Service as a representative of another member and act in the Communities linked to the user account.

Through the Service, Customers may, among other things, maintain their contact information, send, and receives bulletins, announce events, pay related Community fees (such as seasonal and membership fees), reserve resources (fields, sports gear, event tickets), share their calendars and view calendars shared by others. Yoso reserves the right to change and expand the functions provided by the Service to its Customers.

The Service is free of charge for Customers with basic functions but includes additional chargeable functions. Purchasing and using chargeable add-ons is optional. The prices of the additional functions are determined according to the price list in force at the time.

The user must read these Terms of Use carefully before using the Service. Use of the Service is an indication that the user accepts and undertakes to comply, at all times, to the applicable Terms of Use. Use of the Service is prohibited if the user does not agree with all of these Terms of Use.

2. Agreement and users

For the parts of the Service that require registration, the agreement comes into force when the Customer accepts these Terms of Use at the time of registration. The Customer is responsible for the correctness of the information provided, and Yoso has no obligation to review or supplement the information.

2.1 Joining Communities

To join a Community, a Customer places a request to the Service administrator mandated by the Community in question.

3. Identification

3.1 Usernames and passwords

To use the Service as a registered user, you need a username and personal password. Yoso has the right to reject and / or accept usernames, passwords and other identifiers defined by the Customer. These remain the property of Yoso.

Yoso has the right at any time to change the Customer’s means of identification, such as usernames, passwords, and other identifiers. The Customer will be notified of the change in advance, when possible.

3.2 Storing of credentials

The Customer is responsible for the careful storage of their credentials. The Customer commits to storing their passwords and any other additional identifiers separately and in such a way that they cannot be accessed by anyone else except the Customer. The password is personal and not to be handed over to anyone.

4. Processing of personal data

The company acts as a registrar and processes the personal data you provide in connection with registering for the Service and collected from you during the use of the Service in accordance with the privacy statement of the separate Populon service customer and user data register.

With regard to the processing of personal data collected and operated in connection with the membership accounts of associations, organizations, sports clubs and other communities stored in the Service, the association or other entity acts as the registrar for example for its membership register. The association or other entity independently takes care of the information and obligations regarding the processing of personal data in its own registers. The service enables the data subjects to be informed and the data protection report to be stored and published.

5. Content and use of the Service

Yoso reserves the right to provide the Service as it sees fit, including modifying the Service. Yoso has the right to stop providing the Service or any part thereof.

The Company is not responsible for the information and material received by the Customer from third parties or for content that infringes the copyright, other intellectual property rights, good manners or law of such information and material.

The Service may be used only in accordance with applicable laws, rules, and regulations and for purposes respecting good manners.

The Customer is responsible for any material submitted to Yoso or third parties through the Service. The Customer grants Yoso the right to modify, copy, publish or not to publish, make available or not make available, in whole or in part, material that the Customer has posted to the Service or created in the Service.

6. Service maintenance, troubleshooting and data security

Yoso strives to ensure the operability of the Service to the best of its ability within the separately notified service hours and will endeavour to remedy any errors in the Service within a reasonable time. Yoso does not warrant the faultlessness of the Service or that the Service is available to Customers without interruption.

The Service offered for use with different terminal devices may differ in content and functions.

Yoso has the right to temporarily close the Service or any part thereof if deemed necessary for a justified reason. In such a case, Yoso strives to act in such a way that the interruption remains as short as possible and causes the least inconvenience to the Customer. Yoso will inform Customers of interruptions in service as far in advance as possible, for example on the Service’s website.

Yoso strives to provide the Service with the highest possible level of information security. The Customer understands that the internet is not completely secure in all respects. The Customer does not have the right to use any devices or programs capable of interfering with the operation of the Service, perform actions that significantly burden the structure of the Service (for example, perform mass mailings), or disrupt or manipulate the software and features of the Service. Such prohibited acts include, but are not limited to, viruses, scheduled malware, or any other software capable of influencing the Service.

7. Compensation for costs and damages

7.1 Yoso’s liability

Yoso’s liability is always limited primarily to the redelivery, whenever possible, of the Service that has not been received, and in any case only limited to the purchase price of the missed or incorrect Service or part thereof.

Yoso does not compensate for any indirect damage or damage caused by force majeure. Yoso is also not responsible for any direct or indirect damages caused by the delay, alteration or loss of service, product or material transmitted through the Service.

Yoso is not responsible for interruptions caused by technical failure, maintenance or installation work, nor for damages resulting from the delay, alteration or disappearance of data by disruptions in data communications and transmission. Yoso is also not responsible for any direct or indirect damages caused to the Community or its Customers by incorrect content or malicious software (viruses, phishing programs, etc.) made available through the Service. Neither does Yoso compensate for damages under the responsibility of a third party.

Yoso has no liability for exercising its rights under these Terms of Use.

7.2 Filing a claim for damages

Damages must be claimed from Yoso in writing within one (1) month of discovering the error or when the error should have been discovered. If a claim for damages is not submitted within the one (1) month timeframe, the right to compensation is lost.

7.3 Customer`s liability

The Service may be used only in accordance with applicable laws, rules and regulations and for purposes respecting good manners.

If a Customer intentionally, or despite having received a warning from Yoso, uses devices or software which are either defective or cause disruption, the Customer is liable for costs incurred by these damages or work rendered in search of errors.

The Customer shall be liable for damages caused to Yoso if the Customer violates the Terms of Use when using the Service and causes damage to Yoso.

8. Closing the Service

Yoso has the right to close a Customer’s Service in whole or in part and leave a Customer’s assignment unfinished in the following cases: Despite having received a warning from Yoso, the Customer continues to use devices or software which are either defective or cause disruption. When using the Service, the Customer has caused disruption to Yoso, other users of the Service, or service providers. The Customer is in breach of agreement obligations, including failure to use the Service according to existing rules. The Customer has provided substantially false information upon registration or later. There is reason to suspect that the Customer is using the Service unlawfully. There are special reasons to suspect that the Customer is not abiding by the rules when using the Service.

9. Termination of agreement

9.1 Termination of agreement

A Customer may terminate their agreement at any time subject to two (2) weeks’ notice. Yoso reserves the right to terminate a Customer’s agreement at any time subject to one (1) month notice period.

9.2 Cancellation of agreement

Yoso reserves the right to cancel the agreement if the Customer’s Service has been closed completely for one (1) month for reasons mentioned in section 7 above, or the Customer has otherwise significantly, and even after having been warned, continued to neglect the obligations of the agreement.

9.3 Notice of cancellation and termination of agreement

The termination and cancellation of the agreement must always be made in writing, or in some other established form.

Yoso may terminate or cancel a Customer’s agreement by sending a notification to the latest email address provided by the Customer. A Customer may submit a notice of termination to Yoso to the email address specified in section 12.1.

9.4 Consequences of the termination of agreement or suspension of Service

Upon termination of agreement, Yoso will block Customer’s access to the Service and delete any material that may have been stored in user-specific parts of the Service.

In the event of termination of agreement or suspension of Service, Yoso will not refund any payments for the Service, possible products and services purchased through the Service, or down payments or options to purchase included therein.

10. Use and Disclosure of Community and Customer information

Customers are registered in the customer register of the Service. A description of the register is included in the privacy policy and is available in the Service. Yoso has the right to use user information for managing and maintaining customer relationships and customer communications, for purposes of design and development of its business, for internal training, and for generating anonymized statistics. Yoso does not disclose customer information to third parties for any other reason than when required by law, governmental regulations, privacy policy, or these Terms of Use. Yoso and companies belonging to the same corporation are also entitled to use and disclose information contained in the register for legitimate purposes in accordance with the Data Protection Act and other applicable legislation. A Customer may prohibit the use of their data for purposes described above by notifying Yoso separately.

In its operations, Yoso complies with the legislation in Finland as regards the protection of data privacy. Yoso processes the personal data of Customers as described and in accordance with these Terms of Use and its Privacy Policy, which is compliant with GDPR.

The Customer is responsible for the proper use of any personal information received through the Service.

11. Immaterial intellectual property rights

Yoso has immaterial intellectual property rights and ownership of all its Services and any possible outcomes of the Services, including materials and documentation delivered to Customers and Communities.

The Customer has the right to use the Service for the intended use it has been designed for, for the duration of the agreement, and in compliance with Terms of Use.

Yoso is responsible for ensuring that the Service, or the components used by it, do not infringe on the intellectual property rights of a third party in the country the Service is delivered or used. Unless agreed in writing or otherwise, the country of delivery and use of the Service is Finland. If it is found that the Service or its components infringe on the intellectual property rights of a third party, Yoso has the right and obligation to resolve the issue as required by the situation. If the issue cannot be solved in an appropriate manner, Yoso may cease to provide the Service and cancel the Service agreement.

12. Other terms

12.1 Communication regarding the Service and agreement

The Customer shall send written notices related to this agreement by email to Yoso to the email address customersupport@populon.fi. Yoso may send written notices concerning this agreement to the latest email address provided by the Customer, or otherwise in writing, for example by text message to the mobile phone number provided by the Customer. General service bulletins may also be published on the Service’s website.

12.2 Transfer of the agreement

Yoso has the right to transfer the agreement in whole or in part to a third party. Yoso shall announce of such transfer to the Customer in advance. A Customer has no right to transfer the agreement to a third party without prior written consent from Yoso.

12.3 Applicable Law and Dispute Resolution

These Terms of Use are governed and construed in accordance with the laws of Finland, regardless of the Customer’s place of residence. These Terms of Use do not limit the consumer’s rights under mandatory Finnish legislation. The arbitration of any disputes concerning agreements will be resolved in the Helsinki District Court.

12.4 Exemption from contractual obligations

The parties shall be released from their obligations and the obligation to pay compensation if breach or non-performance of contractual obligations is due to force majeure. Release from liability (force majeure), is deemed to have taken place in the event of an unusual and unexpected incident beyond control, the causes, and effects of which are independent of the parties to the agreement and could not have been avoided or prevented with reasonable effort. Such an event can be, for example, war, rebellion, forced confiscation or seizure for general use, interruption of energy supply, labour dispute, fire, thunderstorm or other natural phenomena, cable damage caused by a third party or the like, and an unusual cause independent of the parties to the agreement. If the fulfilment of the contractual obligation is delayed for one or more of the abovementioned reasons, the time required for meeting the contractual obligation shall be extended for as long as considered reasonable under the circumstances of the case.

12.5 Validity and modification of Terms of Use

These terms and conditions will take effect on April 1, 2020 and are valid until further notice. Terms of Use are available from Yoso free of charge.

Yoso reserves the right to change these Terms of Use. Customers will be notified with customer bulletins and / or in the Service of the new Terms of Use at least one (1) month before they come into force.

The amended Terms of Use shall be applied also to agreements entered into prior to the new Terms of Use coming into force.

These terms and conditions are available in Finnish and English language. If there will be conflict between different language versions, the Finnish version shall apply primary.

13. Contact information of the service provider

Yoso Ltd
Nummentie 12–14
FI-08100 Lohja, Finland