“Customer Interface” shall mean the user interface provided by MONI to the User on our Website and/or via the MONI Application, through which the User can manage and monitor the MONI Account as well as other events, services and information pertaining to the User.
“MONI Account” shall mean the user account created for the User for the use of the Services.
“User Credentials” shall mean the user name and password created by MONI or the User for the purpose of using the Service.
The User may access the MONI Account with User Credentials. The User shall keep the User Credentials secret and shall use them and the MONI Account with appropriate care and caution. The User may not hand over the User Credentials that are a part of the Service to any other person. Unless otherwise stipulated by mandatory provisions of the law, all legal acts arising from the use of the User’s User Credentials shall become binding on the User. The User’s duty of care regarding the appropriate and safe use of the User Credentials begins immediately when he or she receives or creates the User Credentials. The User shall observe any information security guidelines and any other instructions concerning the use of the User Credentials communicated from time to time by MONI.
Suspending and unblocking the use of a MONI Account
MONI shall have the right to suspend the use of a MONI Account at its discretion, if:
(1) the safe use of the MONI Account has been compromised; or
(2) there is reason to suspect that the MONI Account is being used fraudulently or without permission
MONI shall not be responsible for any losses or damages caused to the User or any third party as a result of the use of the MONI Account being suspended as described above.
MONI strives to notify the User in advance of the suspension of the MONI Account and the grounds for doing so, through the Customer Interface, by using the contact details provided to MONI by the User, or via another reasonable method. Such notification may, however, be made only after the use of the MONI Account has been suspended, if this is necessary in order to prevent or limit damages. No notification shall be made if making the notification would endanger the reliability or safety of the Services or is prohibited by law.
The User shall be liable for the unauthorized use of the MONI Account that is part of the Services, if:
(1) the User has handed or released control over the MONI Account, or the User Credentials to a party who is not authorized to use them;
(3) the User has neglected to notify MONI, without undue delay upon noticing it, of the loss, unlawful possession or unauthorized use of the User Credentials.
MONI reserves the right to allow access to personal data about you as well as activity in your Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated.
In order for us to review, develop and improve our products and services, you agree that we can use your Information in connection with your MONI application and MONI website. This may involve providing your Information to our partners, affiliates, agents, distributors and suppliers to process MONI transactions and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
You understand and agree that we may collect information about how you and other MONI Users interact with MONI Services. We may access the address book on your device and store names and contact information to facilitate social interactions through MONI Services and for other purposes. We collect transaction details related to your use of MONI Services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including for example, the hardware model, operating system and version, software and file names and versions,
language, IMEI, advertising identifiers, serial number, device motion information and mobile network information. You agree that we may use the information that we collect to facilitate interactions with the MONI Application and MONI Website, including sharing certain non-sensitive information about you with other MONI Users.
The User is responsible for his or her own IT operating environment (software) and the information security of the devices, systems and services used by the User for receiving the Services, including without limitation any computer, mobile phone or other telecommunications device or connection.
MONI takes measures to ensure the security, integrity, availability and resilience of its information systems. MONI is not, however, under any circumstances liable for any damage resulting from or caused by the User’s operating environment, systems, connections or devices.
The User is not granted any other rights to the Services or the MONI Application besides the rights explicitly granted above.
Using the Service, the User may have access to certain information concerning the users of the Services. The User agrees to keep confidential any information concerning the financial status or transactions of other users of the Service, as well as any other information of confidential nature, and to use such information solely for the purposes of this Agreement. The User shall be liable to compensate any damage or losses caused to other users of the Services as a result of the User’s
breach of this clause. This clause shall survive the termination, cancellation or expiration of this Agreement. We will not share your personal information with non-affiliated third parties for their purposes without your consent, or unless required by law.
To the extent permitted under applicable law, MONI grants no guarantee or warranty regarding the quality, functionality, merchantability, fitness for a particular purpose or non-infringement of the Services.
To the extent permitted under applicable law, MONI shall not be liable for any direct, special, incidental, indirect or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the Services, even if MONI has been advised of the possibility of such damages. The User assumes total responsibility for his or her use of the Services. The only remedy of the User against MONI in connection with any damages arising from the User's use of the Services is to cease using the Services.
In the case MONI is found to be liable to the User for any damage or loss connected with the User’s use of the Services, MONI’s liability shall not exceed the amount of fees charged by MONI from the User for the Services.
If and to the extent applicable law does not allow the above limitations of warranty and liability, the above limitations shall not apply to the User.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of or related to any breach of the terms by you or any other liabilities incurred by us arising out of your use of the Services, or use by any other person accessing the Services using your device or internet access account; or your violation of any law or rights of any third party.
If MONI intends to make changes in the Services in such a way that the changes constitute modifications of this Agreement, MONI shall provide the User a proposition regarding the intended modifications through the Customer Interface, via e-mail and/or on the Website at a minimum of two (2) months before the modifications are intended to take effect. If the User does not object to the proposed modifications by the date the modifications are intended to take effect, the User shall be deemed to have accepted them by continuing his or her use of the Services.
The User acknowledges and accepts that MONI constantly develops its Services and may implement additions to the features of the Services without a separate notification insofar as this does not constitute weakening of the rights or benefits granted to the User under this Agreement. MONI also reserves the right to unilaterally modify the Agreement by observing a shorter notification period than the aforementioned, if the modifications are required by applicable laws or orders issued by competent authorities.
The User is not entitled to assign or transfer this Agreement to a third party without the prior written consent of MONI. MONI is entitled to transfer this Agreement to such third party provided that such party has the right to engage in the operations constituted by the Services under the applicable law.
This agreement shall be governed by the laws of Finland excluding any choice-of-law provisions and the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Disputes related to the Agreement shall be primarily resolved through negotiations between the parties. If the parties do not reach an agreement, disputes arising under this Agreement shall be resolved, except where prohibited and without limitation to any statutory rights for consumers, by the competent courts of Helsinki, Finland. However, MONI shall always have the right to take legal proceedings in the court of competent jurisdiction of the User’s domicile. All claims shall be brought within one (1) year after the claim arises. Failure of either party to exercise any right under this Agreement shall not be deemed to be a waiver of such right.