End user license agreement – Haikara mobile application
Please read this End User License Agreement (”EULA”) carefully before downloading the Haikara application (”Haikara app”).
Installation and use of Haikara Application is subject to terms and conditions set forth in this EULA. By installing, using or accessing the Haikara app or any materials included in or with the App, you hereby accept this EULA and therefore this constitutes a valid and binding agreement between you and Haikara Corp Oy.
These terms constitute a license agreement between You and Haikara Corp Oy (Business ID 2716727-3, “Haikara”), a limited liability company existing under the laws of Finland. This EULA governs your use of Haikara app as specified below.
For purposes of this EULA “Haikara app” means Haikara mobile application and all updates and upgrades made to it from time to time as well as guidelines and manuals and other written, electronic or online materials or documentation related to it. In addition to the Haikara app, different additions can be purchased as an additional purchase from third-party service providers and this EULA governs also the terms for those additional services and products purchased.
Haikara hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Haikara app as provided by Haikara, for your private and personal, non-commercial use, in the manner permitted in this EULA (“License”). The rights granted herein are subject to your compliance with this EULA and with all applicable local, national and international laws and regulations. The License is only granted to be used with the Haikara watch.
The Haikara app is being licensed to You and You hereby acknowledge that no title or ownership in the application is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Haikara app.
Haikara retains all right, title, and interest in and to the Haikara app, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, source codes, audiovisual effects, themes, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof.
All rights relating to Haikara app, whether protected or not, are the exclusive property of Haikara Corp Oy and its licensors, are protected by the applicable international and national legal provisions, and are under no circumstances transferred in full or in part within the context of the Licence to use the Haikara app.
The term of your license under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Haikara app and ends on the earlier date of either your disposal of the Haikara app or Haikara’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Haikara app or you otherwise use the Haikara app in breach of the terms of this EULA.
By using the Haikara app, you undertake to respect Haikara apps intellectual property rights, as well as those intellectual property rights owned by third parties. You agree not to remove or alter any copyright, trademark, service mark or other proprietary rights incorporated in the Haikara app.
Use of third party applications
The Haikara app is made available to You through third party store. By downloading the Haikara App via such store You also accept all terms and conditions necessary for the use of such store and any services thereto. Haikara shall have a right to assume that any information provided to store by You are correct.
The Haikara app may offer in-app purchases. Any and all in-app purchases are subject to terms and conditions of applicable store.
General License limitations
You agree not to:
- Commercially exploit the Haikara app;
- Distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Haikara app, any copies thereof, or any passwords or usernames
- Make a copy of the Haikara app or any part thereof
- Make the Haikara app publicly available or available on a network for use or download by multiple users;
- Reverse engineer, decompile, disassemble, translate, prepare copies, databases or derivative works based on or otherwise modify the Haikara app, in whole or in part;
- Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels Contained on or within the Haikara app, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
- Interfere with Haikara app access control measures or attempt to disable security features.
Information collection and use
The Haikara app may collect information in relation to the functionality and usability of the Haikara app. In exchange for use of the Haikara app, You hereby grant Haikara an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use Your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with the Haikara app under applicable law. This license grant to Haikara, and the above waiver of any applicable moral rights, survives any termination of this EULA.
The Haikara app is provided to You “as is” via store and including all faults, defects of inconsistencies that may occur from time to time. Haikara shall correct any defects in the Haikara app or release updates as Haikara may decide.
Haikara shall give no warranties whatsoever over the use of the Haikara app. You use the Haikara app at Your own risk and no guarantees are provided by Haikara or third parties.
Some jurisdictions do not allow the exclusion of or limitation on warranties or statutory rights. In such cases, the exclusions and limitation apply to the fullest extent permitted by law.
Any payment for the License for the Haikara app is non-refundable.
Limitation of liability
In no event will Haikara, it’s affiliates, licensors or third partners be liable for any special, incidental or consequential damages resulting from possession, access, use or malfunction of the Haikara app, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction or, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Haikara app, whether arising in tort (including negligence), contract, strict liability or otherwise.
Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other right that vary from jurisdiction to jurisdiction.
Governing law and Dispute Resolution
This EULA will be governed by the laws of Finland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Haikara Corp’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language.
Terms of service for haikara.co – webstore
These Terms of Service (”TOS” or ”Terms”) apply to transactions at Haikara.co-store. Please read these Terms carefully before ordering any products from us. By purchasing products from our website Haikara.co (The Website), you agree to be bound by these Terms and represent and warrant that you have reached the legal age in your jurisdiction of residence. If you do not accept The Terms, you are not permitted to use the website or purchase the product(s).
Haikara Corp Oy (“The Company”) is a Finnish limited liability company (business ID 2716727-3) having its main office in Maakirjantie 12 B, 02250 Espoo. These Terms are applied in the relation between The Company and the client using the website and purchasing the product(s). The Company has the right to modify these Terms without further notice. By purchasing products and continuing the use of The Website, you accept the modified Terms.
Prices, delivery costs and taxes
The prices given in The Website include Value Added Tax. The prices do not include delivery costs. Delivery costs are calculated based on your location and added to the price listed in The Website when you checkout.
You can buy products from Haikara.co without registration or by creating an account and registering to the website.
The Company delivers the purchased products by mail to the shipping address you have provided. After the purchase and once the shipment has been made, you will receive a tracking code to track your order.
We use third-party service providers to handle payments for the products. Our current payment service provider is Stripe. When paying for the products, you accept to comply with Stripe’s terms and conditions.
You can pay for your purchase by credit or debit card.
We offer a 30-days return policy, which is calculated from the day your product is shipped from our fulfilment center. This means that you can return the unused product free of charge within this 30 days period. In case you wish to return the product, we advise that you first reach out to us at email@example.com so we can guide you. Please ensure that the Product is returned with complete unbroken package and Product has not been misused or altered.
Warranty for the Haikara Watch
This Haikara international warranty is issued by Haikara Corp Oy for those consumers who have purchased the Haikara watch.
Haikara warrants to the original and end user purchaser that the Haikara watch is free from defects in material and workmanship for one (2) year from the date of purchase.
The warranty does not cover the battery, normal wear and tear (including scratches and dents), damage due to your failure to use the Haikara watch, abuse, accidents or damage resulting from tampering or alterations to the Haikara watch by anyone not authorized by Haikara. The warranty does not apply to defects arising from the use of the Haikara watch with any other application or software than the Haikara mobile application.
The warranty does not cover any damages, losses, costs or expenses, direct or incidental, consequential or special, arising out of, or related to the product.
Haikara retains the exclusive right to repair or replace the Haikara watch or offer a full refund at its sole discretion. The repairs or replacement will be made at no charge to the customer for parts or labor or the delivery costs.
This guarantee does not affect the consumer’s statutory rights under applicable national or state laws in force.
For claims within the warranty period, send us a mail to firstname.lastname@example.org and we will assist you.