WHIM SERVICE TERMS

Effective date: 20 November 2017

1. Acceptance
These Whim Service Terms together with the Privacy Policy and all other additional terms and information that are provided to you within or in connection the Whim application (collectively “Terms”) govern your use of the Whim application and the related services made available through the Whim application (collectively the “Service”). You accept the relevant Terms by using the Service. 

The Terms constitute an agreement between you and MaaS Global Ltd, Lönnrotinkatu 18, 00120 Helsinki, Finland (“MaaS Global”), defining your and MaaS Global’s rights and responsibilities with respect to the Service. 

2. Eligibility
To use the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may register to and use the Service only with and in accordance with the prior consent of your parent or legal guardian.  

3. Registration and Termination 
To be able to use the Service you need to create a profile within the Whim application. . Anyone creating the profile must be legally competent to do so. 

You agree to provide truthful and complete information when you create your profile and use the Service and to keep that information updated. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service with the profile you have created.

You may terminate your profile if you no longer wish to use the Service by sending a request to MaaS Global customer care. After termination, you will no longer have access to the Service. MaaS Global may terminate your profile or restrict your access to certain parts of the Service if MaaS Global reasonably believes that you have breached the Terms or with prior notice if you have not used the Service in the past six (6) months.

4. Licenses 
 As part of the Service, MaaS Global may provide you with information and content (such as tickets) owned by MaaS Global, its licensors and transport service providers (collectively “Content”). MaaS Global grants you a non-exclusive license to use Content in connection with the Service and solely for the purpose it is intended. You are bound by any specific restrictions that may be applicable to a specific Content you obtain through the Service. Use of the Service does not grant you any further rights in or to any Content in the Service.

5. Using the Service
You have a non-exclusive, non-transferable right, revocable at any time in MaaS Global’s reasonable discretion, to use the Service strictly in accordance with the Terms.

As part of the Service, you have access to transport services provided and operated by selected transport service providers that have been engaged for the provision of the Service by MaaS Global (collectively “Transport Services”). Your use of certain Transport Services is subject to separate additional terms specific to the applicable Transport Service. You must review and accept such Terms before using the applicable Transport Service.

You agree to:
·       Comply with applicable laws, the Terms and good manners;
·       Use the Service and Content only for your personal, non-commercial purposes; and
·        ·       Obtain any consents, permission or licenses that may be legally required for you to submit any information to the Service
MaaS Global may but has no obligation to:
·       Monitor or moderate any Content;
·       Remove any information from the Service; and
·       Restrict access to any part of the Service at any time in its reasonable discretion.

Except as set forth in the Privacy Policy, MaaS Global is not responsible for any removal or loss of the information you have submitted to the Service. When information is removed from the Service by either you or MaaS Global, traces or copies may still remain elsewhere.

6. Notices
MaaS Global may post notices within the Service. MaaS Global may also send you notices about the Service to the email address or telephone number you have provided..

7. Fees
Use of certain features of the Service is subject to fees. Any fees charged by MaaS Global will be announced separately in the Service. 

Use of the Service involves transmission of data through your network service provider’s network. Prices listed within the Service do not include data transmission or other service provision that may be charged by your network service provider. MaaS Global assumes no responsibility for the payment of any fees charged by your network service provider.

8. Order and Payment Terms
“Order” shall mean the selection of payable Transport Services on case-by-case basis and/or automatically renewed periodical subscription to Transport Services through the Service. All Orders are subject to acceptance by MaaS Global.
You may pay by valid credit card or other payment methods if available. You agree to pay all fees related to your Order.
When the Order is an automatically renewed periodical subscription, you authorize the Service to place a periodical charge for the duration of the subscription.
The fees for the Transport Services may change from time to time. The fees include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your payment method provider based on currency conversion rates used and/or additional fees applied. MaaS Global assumes no responsibility for the payment of bank or any other third party service fees or charges.

9. Cancellations
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You may not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned. You may discontinue the renewal of your periodical subscription to Transport Services through the Service at any time during the subscription period. As the result of such discontinuation, your subscription will not be renewed at the end of then ongoing subscription period.

If you encounter any problem with your Order, please contact MaaS Global customer care.

10. Feedback to MaaS Global
By submitting any ideas, feedback and/or proposals (“Feedback”) to MaaS Global through the Service or other means, you acknowledge and agree that: (1) MaaS Global may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3 ) MaaS Global is not under any obligation of confidentiality with respect to the Feedback; (4) MaaS Global may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind for the Feedback from MaaS Global.

11. Information Sharing
You may use features in the Service to share your location, calendar or other information. By using these features you agree that MaaS Global may use and provide that information to Transport Service providers and to other entities and persons as necessary for the provision of the Service.

12. Availability and Technical Requirements
The availability of the Service, in particular specific Transport Services and Content, may vary and is subject to MaaS Global’s reasonable discretion. MaaS Global expressly disclaims any representation or warranty that any particular Transport Service or Content will be available. The Service may not be available in all countries and may be provided only in selected languages. Some features of the Service are dependent on the network and the device compatibility. 

As MaaS Global is constantly developing the Service, it may change, correct or discontinue the Service in whole or in part in its sole discretion. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Whim application, your device may automatically check for the availability of application updates. If MaaS Global considers an update to be important or critical you may not continue using the previous version of the application. MaaS Global may prevent your use of the previous version of the application until you install the update.

If the Service is discontinued or canceled, MaaS Global may permanently delete the information you have submitted to the Service. MaaS Global has no obligation to return any information to you after the Service is discontinued or canceled.

13. Advertisements
The Service may include advertisements. Advertisements may be targeted on the basis of the queries you have made through the Service, or on the basis of other information you have provided.

14. Personal Data
You need to provide MaaS Global certain personal data when creating the profile and using the Service. The Privacy Policy and any additional privacy information that may be made available to you in the Terms govern the use of your personal data. 

15. Limitation of Liability
The Service is provided on “AS IS” and “AS AVAILABLE” basis. MaaS Global does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk.

Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, MaaS Global is not liable for any direct damages caused by your use or inability to use the Service. In no case will MaaS Global be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.

16. Indemnification
You agree to defend and indemnify MaaS Global from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of your breach of the Terms.

17. Miscellaneous

17.1 Choice of Law
The Terms are governed by the laws of the Finland without regard to its conflicts of law provisions.

17.2 Validity
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of the Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these Whim Service Terms and the Privacy Policy, the provisions of these Whim Service Terms prevail. The provisions of the Terms that are intended to survive the termination of your profile remain valid also after such termination.

17.3 Changes in Terms
MaaS Global and Transport Service providers may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, MaaS Global will use reasonable efforts to provide you a separate notice advising of the change.

You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.

18. Intellectual Property
The Service, Content and related materials are protected under international copyright laws. MaaS Global claims copyrights in its Service, Content, and the related materials to the maximum extent of the law. Subject to the Terms, MaaS Global, its licensors and Transport Service providers retain all right, title and interest in the Service, Content and the related materials provided to you in or in connection with.

19. Assignment
MaaS Global may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any company under common control with MaaS Global. Additionally, MaaS Global may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.