Alauda PBY Terms and Conditions

These Alauda PBY App Terms and Conditions of Use (“Terms” or “Agreement”), including any applicable Addendums, Annexes, etc., constitute a legal agreement establishing the terms governing the use of Alauda PBY App between you (the “User”)and Methics Technologies Ltd.

YOU MUST READ AND AGREE TO THESE TERMS PRIOR TO DOWNLOADING AND/OR USING THE Alauda Mobile ID App. BY CLICKING THE “ACCEPT” BUTTON, OR DOWNLOADING, INSTALLING AND/OR USING THE ALAUDA MOBILE ID APP, YOU AGREE TO BE BOUND BY THE TERMS.

THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND METHICS TECHNOLOGIES LTD. NO AMENDMENT OR MODIFICATION MAY BE MADE TO THIS AGREEMENT EXCEPT IN WRITING MUTUALLY SIGNED BY YOU AND METHICS TECHNOLOGIES LTD.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DISCONTINUE THE USE OF THE SOFTWARE IMMEDIATELY.

Definitions

Personal Data: All electronic data or information transmitted by You to the Service.

Service: Mobile Signature Service (also called Mobile ID) as defined by the European Standards Technology Institute (ETSI) in TS 102 204, and TS 102 207 documents.

Service Provider: Methics Technologies Ltd (FIN Business ID: 2390106-3 VAT number: FI23901063) or an Authorized distributor by Methics Technologies Ltd.

Service Platform: Kiuru™ MSSP platform and add-on modules consisting of software components, documentation, trademarks and copyright notices.

Software: Alauda PBY App SDK, corresponding documentation, trademarks and copyright notices

You (or Your): An individual or a legal entity exercising rights under, and complying with all of the terms of this Terms and Conditions or a future version of this Agreement. For legal entities, “you” includes any entity which controls, is controlled by, or is under common control with you. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty per cent (50%) of the outstanding shares or beneficial ownership of such entity.

User: Any individual who uses the Alauda PBY App to access the service.

General

Alauda PBY App is a Wireless PKI Client offered by Methics Technologies Ltd (hereafter Service Provider), or an authorized distributor to enable Mobile Signature Service (Hereafter Service) to a user.

Alauda Mobile ID App provides a high secure way to identify on the Internet.

Device and system requirements

You acknowledge that in order to utilize the Service, certain minimum system requirements must be met by your device for the Alauda PBY Mobile ID App to function.

You acknowledge and accept the service provider explicitly forbids the use of the Alauda PBY App on any device that has been modified by “Jailbreaking” or “rooting”.

Data Handling and Privacy

Alauda PBY App processes confidential personal data in compliance with statutory data privacy requirements. Only the data required in order to provide the service is processed.

By downloading, installing and using the Alauda PBY App, you agree that the Alauda PBY App may collect, and use your personal data, such as your Name, MSISDN, network connection details, Geolocation and device characteristics in order to provide the Service to you.

Collected data in the course of service provision are stored on MSSP servers and may be shared with third party entities (including Certificate Authorities (CAs), e-Service providers (APs), etc.) only in the course of Service provision.

This data will only be shared with the service platform and will not be shared with third parties without your explicit consent.

If you do not agree to this data processing, you are not able to use the service.

Data in motion is protected using state-of-the-art end-to-end encryption based on GSM 03.48 OTA protocol between the Service Platform and the Alauda PBY App and Transport Layer Security (TLS) protocol between the Application Provider (AP) and the Service Platform.

User Responsibility

You acknowledge that the PIN is personal and that that you should never share your PIN with anyone. You also acknowledge that If your phone is lost, stolen or you suspect that your PIN may be compromised, you are obliged to contact your service provider immediately to revoke your certificates.

User Rights

You may exercise the following rights:

  • Right to request information on the data collected about you and how it is processed.
  • Right to withdraw data collection consent by deleting the Alauda PBY App.
  • Right to request deletion of collected data.

Technical Support, Software Updates

The Service Provider is under no obligation to provide technical support, or to provide updates or error corrections for the Software in any way. For Software support you must have a separate commercial support agreement with the Service Provider. or with an Authorized Distributor.

Copyright

The Software and the accompanying materials are copyrighted and contain proprietary information. The Service Provider has carefully considered all external modules and their trademarks and copyrights used in the Software. Methics Technologies Ltd warrants that Methics Technologies Ltd is the sole owner of copyrights or other applicable intellectual property rights in and to the Software unless otherwise indicated in the documentation for Software.

You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by your failure to abide by the terms of this License Agreement.

Entry into force, term and termination

These terms of use is established upon the download and installation of the Alauda Mobile ID App for your use and continues for an indefinite period.

The Service Provider is entitled to terminate the Agreement at any time without giving reasons.

You may terminate this Agreement whenever you want. Upon termination, you must destroy the Software, and all copies of it, in part and in whole, including modified copies, if any. The Service Provider does not refund any License Fee upon your termination.

Changes to the Privacy Notice

Methics may occasionally update this Terms and Conditions according to any changes in our data processing policies and/or data protection regulations.

Any changes to this Terms and Conditions shall be published in the App and will immediately enter force. Continued use the Alauda PBY App after this change, confirm your continued acceptance of this Agreement.

Warranty & Risks

Although efforts have been made to assure that the Software is up-to-date, correct, reliable, and technically accurate, the Software is licensed to you “as is” and without warranties as to performance or merchantability, fitness for a particular purpose or use, or any other warranties whether expressed or implied. You, your organization and all users of the Software, assume all risks when using it.

The Service Providers shall not be liable for any consequential, incidental, punitive or special damages arising out of the use of or inability to use the Software or the provision of or failure to provide support services, even if the Service Providers has been advised of the possibility of such damages. In any case, the entire liability under any provision of this agreement shall be limited to the greater of the amount actually paid by You for the Software or (one) 1.00 EUR.

Controlling Law and Settlement

All legal relationships in connection with these terms of use are subject to Finnish law.

In the event of disputes, which cannot be settled between the Agreement parties, will be settled in one-member arbitration proceedings according to the rules of arbitration of Finland Central Chamber of Commerce. Arbitration takes place in Helsinki, Finland and Arbitration is in English. The result of arbitration is binding for both Agreement parties.

Contact Information

For any questions or comments about these Terms and Conditions, please contact:

Methics Technologies Ltd

Lars Sonckin kaari 14
FI-02600 Espoo
Finland