User terms – Fira Sitedrive
Fira Sitedrive is a service meant for the scheduling and employee guidance of a construction project (hereinafter “Service”). The Service is provided by Fira Smart Services Oy (business ID: 2768803-6; address: c/o Fira Oy, Teknobulevardi 3-5, 01530 Vantaa, Finland) (hereinafter “Fira” or “we”).
These user terms apply to both browser version and mobile application of the Service.
You as a User need to commit to certain terms as detailed in this document (hereinafter ”user terms”) so that we can perform and implement the Service for your employer or other company providing access to the Service for you (hereinafter “Company”). By giving consent via web or through the mobile application that we provide, you confirm to have read, understood, and accepted these user terms. The contracting party with Fira is the Company and you agree to make any claims concerning the Service to the Company and not to us. We have agreed with the Company additional terms in the agreement we have with them that will also apply to your use of the Service.
You agree to act according to these user terms, any other instructions provided by Fira concerning the use of the Service and in accordance with the law and good practice in all use of the Service. Fira reserves the right to remove, without separate notice, such Users from the service who are in breach of these user terms. A User in breach of the user terms may also be prevented from using the Service in the future.
The Company will create administration users (“Admins”) who will create other users for the Company, manage the Service and all usage by users appointed by the Company Admins and Site Managers in the Service. Site Managers manage users for a project under the Company Service and they can appoint users for their own project. Admins, Site managers and all other users appointed by them are referred to as “Users” in these user terms. A single User may be appointed to use the Service for multiple Companies. Depending on the task they perform in the Service they are considered to be Users of that Company whose tasks they are carrying out.
REGISTERING FOR THE SERVICE
For a User to be able to use the Service, the Company (Admin or Site Manager) must create a user account for that User. Admins and Site Managers can create a user account either on the Service’s website or its mobile application.
When creating an account, the User must provide us with the accurate and up-to-date data on the User requested by us. Users themselves must keep such data up to date via the Service or inform us of any changes to such data immediately.
The Service enables the Company to manage the scheduling of construction projects and guide the people engaged in the projects.
The Admins or Site Managers add the required information to the Service.
When the person enters the Service for the first time, he or she will accept these user terms and become a User.
The Company and its Users are responsible for procuring the equipment, connections and systems required for the Service and for the costs thereof (such as phone costs). Information about the equipment and system requirements can be found on Fira’s website.
Fira develops the Service continuously and may change or remove different Service functionalities and features.
The User accepts that there may be breaks in the availability of the Service in connection with an interruption in data links or network problems, or if there are faults in the services of a third party.
The Service may not be used for illegal purposes.
Fira may prevent a User’s access to the service without prior notification if it suspects that the User is in breach of these user terms.
PRIVACY AND PROCESSING OF PERSONAL DATA
Under the EU General Data Protection Regulation (2016/679) that will apply to the Fira’s processing of your personal data, the Company shall be regarded as the data controller and Fira shall be regarded as the data processor processing your personal data based on an agreement with and instructions from the Company. You can find more information on how Fira processes your personal data and your rights from the data protection statement applicable for the Service that you have accepted when you sign-up to the Service.
INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights to the Service and to all materials related to the Service and any copies thereof are the exclusive property of Fira and/or its licensors/subcontractors. Intellectual property rights mean copyright and related rights, patents, utility models, design rights, trademarks, brand names, trade secrets, know-how and all other registered or unregistered intellectual property rights.
Use of the Service or these user terms does not transfer or license the Fira’s intellectual property rights to the User other than the right to use the Service as described in these user terms.
LIMITATION OF LIABILITY
Fira may, pursuant to its own discretion, at any time, discontinue or suspend the provision of the Service or a part thereof or modify and update the Service. Fira is not liable for any possible damage caused by such actions.
The User is responsible for all information it enters in the Service and the accuracy of said information. Company and its Users are liable for the management of the construction projects and the liabilities related to the implementation of the construction projects and that in no way does the use of the Service transfer liability for the organizing a construction project or its prompt performance to Fira.
Under no circumstances is Fira liable for any indirect or consequential damage caused to the Company or to Users.
VALIDITY OF THESE USER TERMS
These user terms are valid until further notice and will remain valid for as long as the User has the right to use the Service.
The User may stop using the Service at any time. Fira may, at any time, discontinue the provision of the Service either temporarily or permanently.
TRANSFER OF RIGHT TO USE THE SERVICE AND AMENDMENTS TO THESE USER TERMS
The User does not have the right to transfer its rights under these user terms. Fira has the right to transfer the Service and its Users to its group company or as part of an asset deal or transfer or some other corporate arrangement. Fira has the right to use subcontractors in the provision of the service.
Fira has the right to change these user terms by publishing the new user terms on the Service’s web pages and by informing the User of the change by sending an email to the email address indicated by the User or otherwise. The User accepts the amended user terms by continuing the use of the Service after the publication of the amended user terms.
APPLICABLE LAW AND JURISDICTION
These user terms are governed by Finnish law.
The parties shall attempt to resolve any possible disputes primarily through mutual negotiations. Should the parties fail to reach an agreement within 30 days, the dispute shall be settled in the District Court of Helsinki as the court of first instance.