GENERAL TERMS AND CONDITIONS FOR THE USE OF HOWSPACE FREE
Updated February 2023
1. Acceptance and applicability
1.1 You will find here the general terms and conditions (the T&C’s) for the use of the Howspace Free software application (“ the Application”). The use of the Application is delivered by Howspace Oy, a Finnish private limited liability company with offices at Salomonkatu 17 A 43, 00100, Helsinki, Finland, hereinafter referred to as “Howspace”.
1.2 By subscribing to the use of Application through the website, e-mail or any other channel, you unconditionally accept and agree with the applicability of the T&C’s with regard to the use of the Application. The T&C’s form the exclusive and entire set of terms and conditions between Howspace and you with regard to the use of and access to the Application.
1.3 The T&C’s apply to all individual visitors, users and others who wish to access or use the Application. The T&C’s apply to personal use of the Application only. If you are accessing or using the Application on behalf of your company, you represent that you are authorized to accept the T&C’s on behalf of your company, and all references to “you” reference your company.
1.4 The use of the Application shall be provided to you on a software as a service (“SaaS”) basis meaning that the Application is only accessible via the internet and hosted in a private cloud in the EU. Howspace’s current cloud service provider is AWS EMEA Sarl in Luxembourg. The applicable AWS terms and policies can be found here:
2.1 If you wish to obtain a license for use of the Application, you can submit a license request to Howspace via the Application. Howspace can but is not obliged to award a license request and can decline such request without being obliged to provide any kind of explanation.
2.2 Howspace intends to assess and award your license request directly after receipt of your license request but does not guarantee a fixed response time.
2.3 After Howspace has accepted your license request, Howspace will send you a personal link via the email address provided by you. With this link, you can verify and activate your account. After verification and activation, you can log in via Single Sign On.
2.4 Your account will be deleted if you do not verify and activate your account within 30 days after receipt of Howspace’s verification and activation email.
3. License and content.
3.1 The use of the Free version of the Application is without any charge.
3.2 The Free license gives you the right:
- To create multiple workspaces and pages
- To use all widgets and all other functionality that is connected with a Free license
- To post or upload content such as text, images and video clips
A comprehensive overview of the available functionality of the Free version in comparison with other Howspace licenses can be found here [link to be added].
3.3 Your license is personal and shall not be used by or transferred to others without prior approval by Howspace.
3.4 Howspace does not have any intellectual property rights related to the content which is posted or uploaded by you on the Application. However, in order to be able to allow you to use the Application, you give Howspave the right to host, store, reproduce, transmit, publish, distribute and modify the content.
3.5 You are responsible for the content that you post or upload on your designated area within the Application. It is your duty not to post or upload
a) any content that (potentially) violates any laws or other governmental rules,
b) any content which is protected by intellectual property rights of others and/or
c) any content which for other reasons can (potentially) infringe the rights or interests of Howspace or any 3rd parties (including but not limited to sexual, racial, misleading, fraudulent and violent content).
3.6 You accept and agree that Howspace retains the right to remove any content that is deemed – to Howspace’s sole opinion – in violation of any of the T&C’s.
3.7 The following activities related to the use of the Application are forbidden for you:
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Application
- copy, modify, translate, or create derivative works based on the Application
- rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Application
- use the Application for time-sharing or service bureau purposes or otherwise for the benefit of a third party
- circumvent or attempt to circumvent any usage control features of the Application
- remove any proprietary notices or labels on the Application
- spam, phish, pharm, pretext, spider, crawl, or scrape
- upload or transmit viruses or any other type of malicious or destructive code
- conduct or request that any other person or party conduct any load testing or penetration testing on the Application
- use the Application (or part thereof) for any illegal, fraudulent or unauthorized purpose or any purpose that is contrary to the interests of Howspace.
4.1 The license to the Application is delivered to you “as is”, meaning that Howspace does not provide any guarantee on the availability and/or quality of the Application and can’t be held liable if the Application is not or malfunctioning.
4.2 In the event that the Application is not or only partly available, you can report this to Howspace by sending an email to firstname.lastname@example.org.
5. Personal Data
5.1 In connection with the use of Application, you may enter personal data into the Application (“Personal Data”). Howspace does not have any ownership with regard to the Personal Data
5.2 You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Personal Data.
5.3 Both you and Howspace are subject to the rules of EU Regulation 2016/679 (General Data Protection Regulation, see https://eur-lex.europa.eu/eli/reg/2016/679/oj ) and shall at all times comply with the provisions of the General Data Protection Regulation (GDPR).
5.4 In order for Howspace to provide the Howspace Free license, you agree that Howspace can process Personal Data for the purpose of analytics and improvement of the Application. Based on section 7 of the GDPR, you are entitled to withdraw your consent at any time.
5.5 Howspace is within the framework of the GDPR considered as a data processor. Based on section 28 of the GDPR, Howspace is obliged to enter into a Data Processing Agreement (“DPA”) with you. You can find a link to the Howspace DPA here.
6. Term, termination and suspension
6.1 Your license to the Application starts when you have activated your account and shall have an indefinite duration.
6.2 Howspace and you both have the possibility to terminate the license by email with a notice period of 7 days for any reason and without incurring any liability.
6.3 Howspace has the right to terminate the license for the use of the Application with immediate effect and without incurring any liability if you breach any obligations as described in the T&C’s and you do not remedy the breach within 5 working days after receipt of the breach notice by Howspace.
6.4 Furthermore, your license will be automatically and directly terminated by Howspace a) after 180 days months of inactivity (ie. not logged in during this period of time)
without incurring any liability; and
b) when you have converted your Free license into a paid Howspace license. It
is not possible for you to reconvert a paid Howspace license into a Free Howspace license.
6.5 After termination of the license, you are not entitled anymore to the use of the Application. Howspace will retain your workspaces, content and Personal data in place for 30 days after termination so you have the possibility to retrieve your content and Personal Data.
6.6 Howspace may suspend your license temporarily if Howspace needs to undertake support activities with regard to the Application or if Howspace has reasonable indications that you might have violated your obligations under section 3.5, 3.7 and/or 5.2 of the T&C’s. Howspace will inform you of such suspension.
7.1 Howspace and you are not liable towards each other or any 3rd party for any direct or indirect damage related to the license for the Application, unless the damage is caused by wilful misconduct or gross negligence.
8. Intellectual Property Rights
8.1 If you would be accused of infringing any intellectual property rights of any 3rd party because you use the Application, Howspace shall defend you against any action brought against you, shall settle any such action and shall pay damages, if necessary.
8.2 In order to be able to adequately defend you, you shall
(a) directly inform Howspace of receipt of such claim and provide all relevant
(b) give Howspace the exclusive right to control the investigation, to defend you
and possibly settle the claim
(c) co-operate in any other way as far as this can reasonably be requested by
9. Other provisions
9.1 As Howspace is a Finland based company, the T&C’s shall be exclusively governed by the laws of Finland.
9.2 Should a dispute, controversy or claim arise between Howspace and you relating to the use of the Application and/or the T&C’s, or the breach, termination or validity thereof, the Finland Chamber of Commerce shall be exclusively authorized to settle this dispute. The Finland Chamber of Commerce shall follow the Arbitration Rules of the Finland Chamber of Commerce.. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. The arbitral proceedings and award shall be confidential.
9.3 Neither party shall disclose to third parties any material or information received from the other party and marked as confidential or which should be understood to be confidential, and shall not use such material or information for any other purposes than those stated in the T&C’s. The confidentiality obligation shall, however, not be applied to material and information:
(i) which is generally available or otherwise public; or
(ii) which the party has received from a third party without any obligation of confidentiality; or
(iii) which was in the possession of the receiving party prior to receipt of the same from the other party without any obligation of confidentiality related thereto; or
(iv) which a party has independently developed without using material or information received from the other party.
9.4 If any part of the T&C’s is held to be invalid or unenforceable by any court, tribunal or other authority having jurisdiction, the remaining T&C’s shall still be valid and enforceable.
9.5 Howspace shall be entitled to transfer the use of Application in connection with a sale of its business or assets.
9.6 Howspace is entitled to modify the T&C’s during the term of the license. Howspace shall prior inform you of any modification to the T&C’s. If you do not agree with such modification, you can object to the modifications within 30 days after the date of announcement of the modification. If Howspace does not award your objection, you have the option to:
- Accept such modification and continue your license to the Application
- Terminate the license following section 6.2.