Mainder Web App – Terms & Conditions

Updated: 1.2.2024

The end user of the Mainder application (hereinafter referred to as the ”Service”) must read and accept these terms of use (hereinafter referred to as the ”Terms”) in their entirety. The term ”User” refers, as the case may be, to an individual, a company, or another entity. These Terms constitute an agreement that the User and the service provider Ameria Oy (hereinafter referred to as the ”Service Provider”) commit to follow.

1. Service Provider

Ameria Oy
Pitkämäenkatu 11
20250 Turku

info@mainder.fi
Business ID: 3303404-7

Ameria Oy is registered in the trade register maintained by the Finnish Patent and Registration Office; Business ID 3303404-7 and VAT number FI33034047.

2. Use of the Service

2.1 The use of the Service is subject to these Terms. If there is a separate service agreement between the User and the Service Provider or between the User and User’s employer or owned company or if the User has accepted a separate offer made by the Service Provider containing conditions different from these Terms, the terms of that service agreement or offer shall prevail. These Terms supplement the separately agreed-upon terms.

2.2 Purpose of the Service: Manage, host, and monitor property management and maintenance activities of rental and/or owned apartment buildings, and anything related to them Through the Service, the User can for example:

  • Create and deliver maintenance requests and track their progress in real-time
  • Create services provided by housing company or other service providers and allow online payments and requests for invoices
  • Create services to be bought (including but not limited to property management certificates or additional keys)
  • Create and monitor announcements and meeting invitations
  • Create crisis messages in emergency situations
  • Review and create housing guidelines and rules
  • Accept invoices and monitor the finances of housing companies
  • Manage the information of residents, shareholders and board members as well as partner companies and other operators by taking into account data protection and privacy policy.

2.3 The Service provider continuously develops the Service and may release new features without prior notice. Information about new features will be communicated either within the Service, by sending an email to the email address provided by the User during registration, or any other appropriate ways decided by the Service Provider.

2.4 The Service Provider has the right to disclose the User’s personal information to authorities upon an order from the authorities or a court if there is a reasonable suspicion that the User’s activities meet the criteria of a crime.

2.5 The use of the Service requires the use of browser-based web application and appropriate data connections, and the costs associated with these are borne by the User or User’s employer. The delivery and use of the Service require that the User has taken care of the installation and functionality of their devices and other matters under the User’s responsibility – and that no other reason mentioned in this agreement (such as a reason arising from a third party) prevents the delivery or use of the Service.

2.6 The User must not use the Service in a way that causes unreasonable load on or other harm to the network, other Users, third parties, or the Service Provider. The Service must not be used for sending spam or other unauthorized communication or for representing oneself as an agent of Service Provider or other entity without the right to do so.

2.7 The Service or its content must not be used for the publication or transmission of illegal material or unauthorized advertising of certain products or services, the unauthorized collection or storage of other users’ personal information, or any other unlawful activity. The Service Provider has the right to invoke all legal rights arising from the breach of these terms.

2.8 The Service Provider has the right to restrict or block the use of the Service and remove material that violates the law, good manners, or the protected rights of third parties, or that puts an unreasonable load on the Service or network, threatens information security or privacy, harms Service users, other third parties, or the Service Provider, or is otherwise contrary to the Terms or other applicable rules.

2.9 The Service Provider may, if deemed necessary, block the User’s access to the Service without prior notice due to improper use, legal requirements, or other similar reasons, and/or for the development or modification of the Service, correction of deficiencies and faults, or other maintenance or upkeep activities. For other than urgent or minor interruptions, the Service Provider seeks to notify the User in advance in the best possible way, primarily within the Service.

2.10 Despite the termination of the right of use, the rights and obligations of the parties based on the Terms that are relevant after termination (including but not limited to the right to compensation and ownership and copyright) remain in force.

3. Service Delivery

3.1 The Service is, in principle, available to the User 24 hours a day. The flawless or uninterrupted operation of the Service is not guaranteed. The Service Provider or its contractual partners are not responsible under any circumstances for possible damages caused to the used device or the data contained therein, including security risks (viruses, data theft, etc.).

3.2 Service interruptions are possible due to maintenance, load, or other reasons. The Service Provider aims to inform the User in advance of service interruptions. The Service Provider is not responsible for any data loss or disturbances in the Service caused by service interruptions.

3.3 The Service is primarily intended for use in Finland, and its use cannot be guaranteed in other countries or with data registered in other than Finland (including but not limited to phone number, payment information).

3.4 The Service Provider is not responsible for damages caused by the activities of customer service representatives, property managers, partners, and/or similar entities accessible through the Service.

4. Right of Use and User Data

4.1 The housing company or a similar property owner must enter into a service agreement with the Service Provider before the User can start using the Service.

4.2 The User receives an invitation via email, after which the Service is available. The User must authenticate themselves into the Service (strong authentication) or personally identify themselves to a customer service representative assigned by the Service Provider. The User selects a password and a PIN code.

4.3 The personal information entered by the User when registering must be the User’s own, and address and other information must be correct and up-to-date. The User must have the right to represent the company registered in the Service. The User is obligated to update the information when it changes.

4.4 It is prohibited to transfer a personal username to another individual or a representative of a company for the purpose of using the Service.

4.5 The designated staff of the Service Provider, representatives appointed by the entity responsible for housing, and/or representatives appointed by contracted partners (including but not limited to property maintenance) have the right to review the information created by the User to promote housing matters (including but not limited to property management, maintenance measures, billing).

4.6 Additional information on the processing of personal data is available in privacy policy.

5. Terms of Other Service Providers’ Services

5.1 The Service includes links and connections to third-party services (including but not limited to strong authentication and online payments). The terms and conditions of these third-party services govern their use, and the Service Provider is not responsible for the privacy practices or content of these services.

The Service Provider utilizes the following third-party services:

  • Amazon Web Services (AWS) – Database and servers
  • Auth0 – Two-factor authentication
  • Expo – Management of images and documents
  • Procountor – Financial management
  • Signicat – Strong authentication
  • Stripe – Online payments

6. Billing for Service Usage

6.1 The use of the Service is free for the User. The Service is paid for by either the housing company or another entity managing the residence.

7. Ownership and Copyright of the Service

7.1 The functionalities, content, and design (hereinafter ”Content”) of the Service are protected by copyright according to Finnish legislation and international agreements. All ownership rights (including copyright, trademark, and other intellectual property rights) belong to the Service Provider, its contractual partners, or other entities producing content for the Service. The Service Provider reserves all rights to the Content, excluding material produced by the User (see section 9).

7.2 The User does not have the right to publish or transfer any part of the Service. The User is not entitled to create another service from the Service or any part thereof.

7.3 Automatic systems (including but not limited to scraper software) must not be used to collect and exploit data without the Service Provider’s permission.

7.4 Bypassing or attempting to bypass any copy protection is prohibited.

8. Service Provider’s Liability

8.1 The Service Provider is responsible for direct damages caused to the User due to the Service Provider’s negligence. The Service Provider is liable only to the extent that the damage suffered by the User exceeds any compensation possibly given to the User.

8.2 The Service Provider is responsible for the legality of the content it produces for the Service. Otherwise, the Service Provider does not assume responsibility for the content delivered or available through the Service or its reliability.

8.3 Under no circumstances shall the Service Provider be liable to the User for indirect damages such as lost profits, losses, loss of information and income, interruptions in operations, and resulting losses. The Service Provider is not responsible or liable to the User for errors in the functioning of the Service, interruptions in use, errors in the Service, deficiencies, or damage possibly caused by the discontinuation of the Service or any part thereof, or for faults or disruptions to the User’s devices or software.

8.4 The Service Provider is not responsible for the services of contractual partners or their content or related copyright and other intellectual property rights in any respect.

8.5 Claims for damages must be made to the Service Provider within one month of the User discovering or should have discovered the basis for compensation.

9. Rights and Obligations of the User

9.1 The Service Provider and its contractual partners have the right to use and transmit User-created content free of charge, taking into account data protection (including but not limited to transmitting text and photo content in connection with work requests to an appropriate contractual partner).

9.2 The User retains copyright to their own material.

9.3 If the User uploads or produces material for the Service, they are responsible for ensuring that they have all the necessary copyright and other rights to it. This means that the User has either photographed or otherwise created the material they submitted, or the individuals who photographed the material or participated in its creation have transferred all necessary copyrights (including modification and redistribution rights) to the User, and permission has been obtained for storing the material.

9.4 By submitting material through the Service, the User acknowledges and confirms that the material is not offensive, indecent, threatening, or illegal.

9.5 The Service Provider has the right to remove User-generated content (including text and image content).

10. Communication in the Service

10.1 Users can write comments in connection with their own work requests and receive responses from parties handling the matter. The Service Provider is not responsible for any harm or damage that may arise from users’ communication or other activities to other users or third parties.

10.2 The author of messages written in the Service is responsible for ensuring that their text complies with laws and good practices. The author is criminally and tortiously liable under Finnish law for the content of their writings.

11. Modification of Terms

1.1 The Service Provider has the right to make unrestricted changes to the terms that do not cause harm to the User.

11.2 Otherwise, the Service Provider reserves the right to change the Terms of Service for the use of the Service at its discretion by providing suitable notice well in advance.

11.3 Changes to the terms are communicated through the Service, by sending an email to the email address provided by the User during registration or any other appropriate ways decided by the Service Provider.

11.4 Unless otherwise stated, changes take effect immediately. By continuing to use the Service, the User agrees to adhere to the modified terms.

12. Other Terms

12.1 Finnish law applies to these terms. All disputes, disagreements, and claims are first attempted to be resolved through mutual negotiations between the parties. If the parties are unable to find a solution through negotiations, disputes will be resolved in the Turku District Court.

12.2 The Service Provider and the User are released from their obligations according to these Terms for the time and to the extent that the non-fulfillment of contractual obligations is due to force majeure. Such an event includes, for example, war, general traffic interruption, interruption or disturbance in energy distribution, extensive labor dispute, fire, exceptional natural phenomenon, or other causes beyond the control of the User or the Service Provider.

12.3 The Service Provider has the right to transfer, without the User’s separate consent, the rights and obligations assigned to it in these Terms to a third party to such an extent that a party other than Ameria Oy becomes the new Service Provider. Such a situation may arise, for example, when the Service or a part of it is transferred by trade to another trader.

13. Validity of the Terms

13.1 These terms come into effect on 1.2.2024 and are valid indefinitely.