Terms of Use updated on 7 January 2025.

1. General

The e-Myynti fundraising management system (hereinafter the “Service”) is owned and provided by Mainoslähde Oy (hereinafter the “Service Provider”), Business ID: 2110016-6.

Nature of the Service (SaaS)
e-Myynti is a cloud-based software service (Software as a Service, SaaS) provided by Mainoslähde Oy for managing fundraising campaigns, tracking sales and reporting.

The Service is provided to the Customer as a right of use. Use of the Service does not transfer any ownership rights or intellectual property rights to the Service, its structures or functionalities.

By opening and using the Service Provider’s Service and registering as a user of the Service, the private individual, company or organization opening or registering for the Service (hereinafter the “Customer”) undertakes to comply with these Terms of Use. Use of the Service is not permitted if the Customer does not accept these Terms of Use.

For clarity, the Customer may be a private individual in whose name the user account is held, or a company or organization on whose behalf the person named as the owner of the user account acts as the Customer’s contact person.

The Service is used by the following user groups:

– Companies and organizations arranging fundraising
– Group leaders (e.g. teachers, instructors or responsible persons) who create and manage campaigns
– Sellers who participate in campaigns through the group leader

The group leader’s user account is intended only for persons of legal age. By accepting these Terms of Use, the group leader confirms that they are at least 18 years old and act as the person responsible for the campaign.

If an authorized reseller approved by the Service Provider opens the Service on behalf of the Customer, these Terms of Use are directly binding on the reseller’s customer, who is considered the Customer.

2. Use of the Service

The Service Provider undertakes to provide the Service professionally. However, the Service is provided as is, and the Service Provider does not guarantee that the Service or the e-Myynti service will be uninterrupted, always available, fully secure or error-free. The Service Provider also does not guarantee that the Service will meet all of the Customer’s needs or that all possible errors will be corrected.

The Service Provider aims to notify the Customer of any significant changes to the Service within a reasonable time in advance. Notices may be given on a website related to the Service, within the Service itself, by email or by newsletter. The obligation to notify does not apply to technical changes or updates, such as hardware or software updates. The Service Provider also has the right to use third parties to provide the Service.

2.2. Suspension of the Service

The Service Provider has the right to suspend the Service if this is necessary due to a technical change, update, or installation, modification or maintenance work on a general telecommunications network. Suspension may also be necessary when required by laws, regulations, official orders, instructions, statements or recommendations by industry organizations.

The Service Provider aims to ensure that the suspension lasts for as short a time as possible and that any inconvenience is minimized. The Service Provider will notify the Customer of the suspension in advance either in the Service or by other suitable means, where possible.

2.3. Processing of Customer Material

The Service Provider has the right to remove Customer Material stored in the Service if the Agreement has been terminated or the Service ordered by the Customer has been closed. The Service Provider will retain the Customer Material for at least fourteen (14) days after the Agreement has ended or the Service has been closed, whichever occurs first. Thereafter, the Service Provider has the right either to store the material on its servers or destroy it.

If the Customer wishes to retrieve their material, the Customer must notify the Service Provider no later than within fourteen (14) days after the Agreement has ended or the Service has been closed. The Service Provider undertakes to provide the Customer Material in a commonly used electronic format or in another agreed manner against separate compensation.

2.4. Technical support

The Service Provider provides the Customer with technical support for the use of the Service free of charge by email at tuki@mainoslahde.fi. However, the Service Provider has the right to charge for support services in accordance with its current price list. The Customer will always be informed in advance of any paid services.

2.5. Security

The User may not use the Service for direct marketing via a data network without the recipients’ consent. In addition, the User may not host viruses, worms or malware in the Service. The Service Provider has the right to prevent the User’s access to the Service if it is detected that the User is misusing the Service, causing exceptional load, or using the Service for purposes other than lawful business activities.

The Service Provider has the right to develop, modify, add and remove Service features as part of the continuous development of the Service. Changes do not entitle the Customer to compensation unless they materially prevent use of the Service for its primary purpose.

3. Registration for the Service

Use of the Service requires registration. By registering, the Customer confirms that they have reviewed these Terms of Use. After registration, the Service Provider opens the Customer’s access to the e-Myynti system administration (“Fundraising Tool”) and the Service. Registration is free of charge and does not oblige the Customer to continue using the Service.

When registering, the Customer is obliged to provide the required registration information (“User Information”), which is necessary for identifying the Customer and enabling use of the Service. The Service Provider has the right to remove a registered Service or User Account if incorrect or incomplete information has been provided in the registration information. Only the administrator of the User Account and invited and approved persons may join the Service. Accounts registered for research or monitoring purposes, or automatically created accounts, are not permitted and will be removed.

By registering for the Service, the Customer joins the customer register maintained by the Service Provider, which is used to deliver customer communications concerning the Service.

3.2 Contractual relationship and campaigns

By registering for the Service, the group leader enters into a direct contractual relationship with the Service Provider concerning the use of the Service.

If the Service is used as part of a campaign arranged by a third party (e.g. a fundraising company), the group leader also undertakes to comply with the campaign, delivery and invoicing terms of that campaign organizer.

The campaign organizer’s terms do not limit the Service Provider’s rights as the provider of the Service.

3.3 Communications and marketing

The Service Provider has the right to send Service users notices, announcements and messages related to the operation, use and development of the Service.

The Service Provider also has the right to send marketing communications related to the Service and its use to registered group leaders and business customers.

The User has the right to opt out of marketing communications in the separately indicated manner. Necessary Service-related communications will be delivered despite any opt-out.

4. Use of usernames and passwords

One username may be used by only one User. Sharing usernames between several persons is not permitted. However, several separate usernames may be created for one Service Package.

The Customer is responsible for the security of their Users’ usernames and passwords and for ensuring that Users store this information carefully and do not disclose it to third parties. The Customer is responsible for all use of the Service with their usernames and passwords, as well as for investigation and correction costs and other damages caused by any misuse.

The Customer must immediately notify the Service Provider if they suspect that their username or password has become known to a third party or if they suspect misuse. The Customer is obliged to change the password at the Service Provider’s request if this is necessary due to a security threat.

5. Contract terms and termination

This section applies to companies and organizations using the Service, unless otherwise separately stated.

5.1 Entry into force of the Agreement

The Agreement between the Customer and the Service Provider enters into force when the Customer accepts these Terms of Use in connection with registration or starts using the Service.

5.2 Changes to the Terms of Use and the Service

The Service Provider has the right to amend these Terms of Use. The amendments enter into force after they have been published. The Customer will be notified of material changes within a reasonable time in advance.

The Service Provider has the right to change the Service due to changes in legislation, decisions by authorities or other special reasons when circumstances materially change. The Customer is responsible, at their own expense, for any changes to their own information systems or operations that are necessary due to changes made to the Service.

5.3 Assignment of the Agreement

The Customer may not assign their rights or obligations under the Agreement to a third party without the Service Provider’s prior written consent.

The Service Provider has the right to assign its rights and obligations under the Agreement to a third party.

5.4 Validity and termination of the Agreement

The Agreement is valid until further notice.

The Customer may terminate the Agreement at any time by notifying the Service Provider in writing. The Agreement ends one (1) month after the end of the month of termination. The Customer is obliged to pay all fees based on the Agreement until the end of the Agreement.

If the Service Provider terminates the Agreement, it ends one (1) month after the end of the month of termination.

5.5 Cancellation of the Agreement

Either party has the right to cancel the Agreement with immediate effect if the other party materially breaches the Terms of Use and does not remedy the breach within a reasonable time.

The Service Provider also has the right to cancel the Agreement with immediate effect if the Customer is declared bankrupt, enters liquidation or is found to be without assets in enforcement proceedings.

6. Changes to and discontinuation of the Service

The Service Provider has the right to make technical and other changes to the Service and its features as part of the development and maintenance of the Service, provided that the changes do not prevent the use of the Service for its primary purpose.

The Service Provider aims to notify the Customer of material changes affecting the Service within a reasonable time in advance, where possible. The Service Provider will make its best efforts to minimize any inconvenience caused by the changes to the Customer, but is not liable for any indirect or consequential damages that may result from such changes.

The Service may also be changed due to changes in legislation, decisions by authorities or other special reasons if circumstances change materially. If such changes require changes to the Customer’s information systems or operations, the Customer is responsible for these changes at their own expense.

The Service Provider has the right to discontinue the provision of the Service or an individual feature of the Service for a justified technical or business reason. In such case, the Service Provider may terminate the Agreement by notifying the Customer within a reasonable time in advance.

7. Intellectual property rights

All copyrights and other industrial and intellectual property rights related to the Service and arising in connection with the Service Provider’s operations belong exclusively to the Service Provider. This Agreement does not transfer any industrial or intellectual property rights to the Customer.

The Service Provider does not have ownership rights or copyrights to material submitted by the Customer to the Service or processed in the Service (“Customer Material”).

The Customer grants the Service Provider a limited, non-exclusive and free-of-charge right to use, store, process and display Customer Material for the purpose of providing, maintaining and developing the Service.

The Customer is responsible for ensuring that the Customer Material complies with laws, official regulations and good practice and does not infringe any copyright or other intellectual property rights of a third party. The Customer is fully responsible for any claims related to third-party intellectual property rights.

The Service Provider is not obliged to review or monitor Customer Material in advance. However, the Service Provider has the right to remove, without prior notice, Customer Material that violates this Agreement, the law, official regulations or good practice.

The Service Provider is not liable for the loss, damage or deletion of Customer Material, unless otherwise required by mandatory legislation. The Customer is responsible for backing up Customer Material unless otherwise separately agreed.

If the Customer repeatedly uploads content to the Service that violates this Agreement, the Service Provider has the right to cancel the Agreement with immediate effect.

8. Restrictions on use of the Service and protection against copying

The Service and its functionalities may be used only for carrying out the Customer’s own fundraising campaigns in accordance with the purpose of the Service.

Using the Service or any part of it for the development, planning, modelling, copying or benchmarking of a competitor, competing service or similar system is prohibited.

The Customer may not:

• copy, reproduce or exploit the structure, operating logic, user processes, workflows or concepts of the Service
• attempt to discover the source code, data structures or technical implementation of the Service (reverse engineering, decompilation or similar)
• use the Service or its content to create or improve a competing product or service

The prohibition also applies to indirect use, such as using the Service as part of research, analysis or development work aimed at creating a competing solution.

If the Customer violates this section, the Service Provider has the right to:

• close the Customer’s user account immediately
• cancel the Agreement without notice

claim compensation for direct and indirect damages caused by the breach.

9. Data protection terms

The parties undertake to comply with the data protection legislation in force from time to time, including the EU General Data Protection Regulation (GDPR).

The Customer is responsible for all personal data stored by the Customer in the Service or collected through the Service and acts as the controller of such data within the meaning of data protection legislation. The Customer is responsible for all obligations of the controller, including informing data subjects and implementing their rights.

The Service Provider acts as a processor of personal data on behalf of the Customer to the extent it processes personal data to provide, maintain and develop the Service. In addition, the Service Provider acts as an independent controller for its own user accounts, customer relationships, system logs, security, communications and marketing.

The processing of the personal data of the Customer and Users is governed by the Service Provider’s privacy policy available in connection with the Service, which forms an integral part of these Terms of Use.

10. Fees and invoicing

The fees and invoicing terms described in this section apply to companies and organizations using the Service, such as companies arranging fundraising. Use of the Service is free of charge for group leaders and sellers for basic use of the Service, unless otherwise separately agreed.

The Service Provider charges the agreed fees for the Service or the fees according to the Service Provider’s price list in force at the time. The Service Provider has the right to change the fees and pricing. Business customers will be notified of changes within a reasonable time in advance.

Changes to fees may also be made due to changes in legislation, decisions by authorities, changes in taxes or official charges, or other special reasons if circumstances materially change.

The invoicing period is one (1) month. The Service Provider determines the due dates of invoices, and invoices are delivered to the invoicing address provided by the Customer. The Customer is responsible for the Service Provider’s receivables regardless of the invoicing address to which the invoice has been sent.

Service opening fee and usage fees
The Service Provider has the right to charge the Customer the opening fee for the Service in accordance with the price list in force at the time. Usage fees are invoiced from the establishment of the system and delivery of the subscriber’s credentials.

Commission obligation
The review period for commission pricing is the calendar year and the invoicing period is the calendar month. The amount of tiered commission is based on the total revenue accumulated during the calendar year, on the basis of which the monthly commission percentage is determined according to the commission table. Commission pricing is tiered and linked to the revenue passing through e-Myynti.

The Service Provider is not responsible for the campaign’s sales volumes, proceeds or financial outcome.

Service traffic
If the Customer’s traffic capacity significantly exceeds the average use of the Service, the Service Provider has the right to limit traffic volume until the problem has been resolved. This measure is taken to ensure the smooth operation of the Service.

Different service packages (“Service Packages”) are available in the Service and are presented on the Service Provider’s website at https://e-myynti.fi/en/pricing/. The Service Packages, their contents and prices may change. Business customers will be notified of changes within a reasonable time in advance. The content, pricing or name of a Service Package does not create an obligation for the Service Provider to maintain a specific service level or technical solution.

Any changes to Service Packages, additional services and related fees are determined according to the price list in force at the time.

All prices are stated excluding tax unless otherwise stated, and the applicable value added tax is added to them.

10.2. Payment delays and disputes

If payment is delayed, the Customer is obliged to pay the Service Provider default interest in accordance with the Finnish Interest Act and all collection costs incurred. Complaints concerning an invoice must be made by the due date. In the event of disputes concerning an invoice, the undisputed part must be paid by the due date.

11. Responsibilities and limitations of liability

Provision of the Service
The Service is provided “as is” and “as available”, without express or implied warranties. The Service Provider does not guarantee that the Service is error-free, uninterrupted or fully compatible with the Customer’s devices, systems or software.

Security
The Service Provider aims to maintain the security of the Service through reasonable and appropriate technical and organizational measures, but does not guarantee the complete security of the Service and is not liable for indirect or consequential damages caused by security risks or threats, unless otherwise required by mandatory legislation.

Accuracy of information and content
The Service Provider is not responsible for the accuracy, completeness or reliability of information presented in the Service, content produced by the Customer or Users, or products or services available through the Service.

Customer’s responsibilities
The Customer is responsible for:

• acquiring and ensuring the functionality of the devices, connections and software required to use the Service
• ensuring that use of the Service does not infringe the rights of third parties
• the security of their own systems and those of their Users, as well as the costs related to use of the Service

The Customer acknowledges that internet and online services may involve functionality issues and security risks.

Compensation for damages
The Customer is responsible for all damages caused by violation of these Terms of Use, the law or the rights of third parties.

Limitation of liability
The Service Provider is liable only to the Customer and is under no circumstances liable for indirect, consequential or special damages, such as lost profit, revenue or business opportunities.

For paid Services, the Service Provider’s total liability for all claims is limited to an amount corresponding to the Customer’s one (1) month monthly fee paid for the Service. For free Services, the Service Provider has no liability for damages.

The limitations of liability do not, however, limit the rights of the Customer or User to the extent otherwise required by mandatory Finnish legislation.

12. Other terms

Invalid terms
If any provision of the Terms of Use is deemed illegal or invalid, this does not affect the validity of the other provisions. The invalid provision will be replaced by a new provision that best fulfills the purpose and commercial objective of the original provision.

Assignment of the Agreement

• The Customer may not assign the Agreement to a third party without the Service Provider’s consent. If an assignment of the Agreement is proposed, the new owner accepts these Terms of Use, and the Service Provider must confirm the assignment.
• The Customer is responsible for use of the Service and related fees until the assignment has been confirmed. Fees are not refunded for assignments made during an invoicing period.
• The Service Provider has the right to assign the Agreement to a third party as part of a business arrangement, corporate transaction or development of the Service, and the Customer will be notified of this.

Special terms
Service-specific special terms may apply to the Service. In the event of a conflict between the Terms of Use and special terms, the service-specific special terms prevail.

13. Confidentiality

Confidentiality obligation
Both parties undertake to keep confidential all information and materials concerning the other party that are not publicly available and that have been obtained in connection with use of the Service or system.

The confidentiality obligation applies in particular to the structure, operating logic, technical solutions, pricing, documentation and other non-public business and system information of the Service.

The confidentiality obligation remains in force during the term of the Agreement and continues after the Agreement has ended.

Restrictions on use
The Customer undertakes not to copy, model, reproduce or otherwise exploit the Service or any part of it in a manner that creates a competing or similar system for their own use or for the use of a third party.

14. Complaints

The Customer must submit complaints in writing no later than five days after the Customer has detected the error or should have detected it, or in the case of delay, after the Agreement concerning the Service has entered into force.

Submitting a complaint does not release the Customer from payment obligations.

15. Governing law and disputes

The Service and these Terms are governed by the laws of Finland, excluding conflict of law provisions. Disputes based on these Terms, relating to the Service referred to in these Terms, or relating to the agreement arising from the Service will primarily be resolved through negotiations between the contracting parties. If this is not successful, disputes will be resolved in the first instance by the District Court of Kainuu. A consumer customer has the right to request a recommendation for resolution from the Finnish Consumer Disputes Board.