General Terms And Conditions For The Service

27 May 2019


1. General

More information about personal data processing at Kivra is available at
https://kivra.fi/privacy-policy-for-users/

These general terms and conditions for the service apply to electronic services provided by Kivra Oy (“Kivra”) to private individuals (“User”), including an electronic mailbox (“Service”). Using their electronic mailbox, the User may receive and process invoices and other documents, in addition to storing their own documents. Using their electronic mailbox, the User may also use other functionalities and services (“Additional Services”) provided by Kivra. In these general terms and conditions, “Service” also refers to Additional Services, unless otherwise stated. Some Additional Services are subject to special terms and conditions, in addition to the general terms and conditions for the Service. Additional Services can be activated by approving the special terms and conditions for Additional Services (see section 2.3). The service agreement (“Agreement”) between Kivra and the User consists of the special terms and conditions and other written agreements concerning the Service and Additional Services, as well as the general terms and conditions.


Contact information for Kivra

Business ID: 2918721-9
Visiting address: Miestentie 9 C, 02150 Espoo, Finland
For more contact details, visit https://kivra.fi/


2. Service

2.1 Service description

Using the Service, the User may receive and process invoices and other documents, in addition to storing their own documents.


2.2 Service activation and registration

The User registers as a User of the Service by creating a user account. Registration and the creation of a user account take place through strong digital authentication by using either current Finnish online banking credentials or a Mobile ID. Access to the Service may be subject to a minimum age or other special requirements. A User of the Service must be aged 18 or over, in addition to being a natural person with a Finnish personal identification code and a current telephone number and email address. The User’s acceptance of the general terms and conditions for the Service in connection with their registration for the Service constitutes an Agreement between the User and the Service. The Agreement enables the use of the Service and is valid until further notice.

By registering for the Service, the User agrees to comply with the general terms and conditions for the Service and with other conditions and instructions issued by Kivra in connection with the Service. The User is entitled to use the Service in line with its purpose of use. When using the Service, the User is obligated to comply with applicable laws, regulations and decisions issued by the authorities. Without written permission from Kivra, the User is not entitled to copy, distribute, publicly display or commercially use the Service or its parts.

The Service is provided free of charge to the User, excluding fee-based Additional Services (section 2.3).


2.3 Additional Services

Kivra has the right to include new features in the Service and to offer new Additional Services to the User.

“Additional Services” refers to services that are optional for the User and are not intended for receiving or processing invoices and other documents or for storing the User’s own documents. The User is automatically granted access to such Additional Services if they are free of charge for the User and do not require their consent. Kivra notifies the User through the Service or through the communication channels listed in section 2.6 when such Additional Services are introduced. Regarding Additional Services that are fee-based or require consent from the User, the User is notified separately by Kivra through the Service or through the communication channels listed in section 2.6. The User chooses whether they wish to activate any fee-based Additional Services. Special terms and conditions may apply to the provision of Additional Services.


2.4 Transmission of electronic documents

After registering and accepting their user account, the User may, as part of the Service, receive electronic documents, such as messages, invoices and updated terms and conditions (“Electronic Document”) to the Service from companies, organisations and other parties that have chosen Kivra as their service provider. These companies, organisations and other parties are referred to as senders (“Sender”) in these general terms and conditions. Electronic Documents may be transmitted to the User’s electronic mailbox only if the personal data specifying the User in the Service matches the personal data of the intended recipient specified by the Sender.

After the User has registered for the Service, Kivra informs the Senders about the User’s willingness to receive communication between the User and the Sender electronically in their electronic mailbox (Service). After this, the User may not necessarily receive documents outside the Service. However, the User may inform Kivra through the Service at any time that they no longer wish to receive Electronic Documents sent to the Service from a specific Sender or from several Senders that are sending document to Kivra. After such notification, the User may continue to receive Electronic Documents from the Sender in question for a limited time, up to forty-five (45) days. After this time, the Sender must change their method of sending documents, and Kivra will no longer be responsible for transmitting documents between the Sender in question and the User.

Kivra has the right to provide the Sender with information about whether their Electronic Document has been transmitted to the User and whether the User has opened the Electronic Document in question.


2.5 Sharing access rights to the Service

If they so wish, the User may share their electronic mailbox in the Service with another registered User and provide this registered User with the right to process the contents of their mailbox. To gain access to another User’s electronic mailbox, the User given the right to process the contents of the mailbox must approve the sharing of an electronic mailbox, sign out of the Service and sign in again. Either User may cancel the sharing of the electronic mailbox at any time.


2.6 Communication from Kivra to the User and changes to the Service

Kivra informs the Users about changes to the Service, new features and other aspects related to the Service primarily in the Service, by email or via SMS. Kivra’s communication is part of the Agreement and cannot be prevented during the Agreement period.

Kivra is continuously developing the Service, which is why Kivra has the right to make changes to the Service at any time. Such changes may be related to a technical solution in the Service or to its functionalities or appearance, and they may cause certain functions to be discontinued, changed or added. Updates and changes may also affect the technical requirements for using the Service. However, such changes will never affect the content of the User’s electronic mailbox. Kivra is responsible for the information security of the Service. If the User does not approve changes to the Service, the User always has the right to terminate the Agreement in accordance with section 6.1.

Kivra has the right to discontinue the provision of the Service. In such a case, Kivra is entitled to terminate the Agreement in accordance with section 6.2.


2.7 Storage, processing, deletion and archiving of documents

Electronic Documents transmitted and uploaded to the Service are stored in the Service after the User’s registration during the Agreement period.

User can also upload documents like agreements and warranty certificates to the Service. The maximum size of a file uploaded by User to the Service is 5MB per document.

The User may delete Electronic Documents, in which case they are moved to the User’s trash folder and will be deleted irrevocably after thirty (30) days. If the User empties the trash folder manually, the documents will be deleted immediately and irrevocably. “Irrevocably” means that the documents can no longer be retrieved by the User or by Kivra. The User is responsible for the processing and deletion of Electronic Documents throughout the Agreement period.

After the Agreement expires, the User will no longer have access to the Service. If the User closes the Service in accordance with section 6.1, all of their Electronic Documents will be deleted irrevocably after forty-five (45) days from the day on which the Service was closed. Termination or rescission of the Agreement in accordance with section 6.2 will also discontinue the User’s access to the Service. Please note that Kivra will not store documents or user information for longer than the period indicated above.


3. The User’s responsibilities

3.1 Identifiers and equipment

The User is responsible for the functionality and costs of the equipment, data communication connections, browsers and software required for using the Service, and for their compatibility with the requirements of the Service. The User must comply with current instructions concerning the Service.

To use the Service, the User must provide the required information, and they must notify Kivra of any changes to this information without delay. The User is responsible for the accuracy of the information they provide in connection with registration and the use of the Service and Additional Services. The User is also responsible for keeping their contact information up to date and for updating it without delay in such a way that the User can receive information from Kivra in accordance with section 2.6.

The User must store their personal data and user-specific information, such as their user ID and password, in addition to other equipment, certificates and documents related to the use of the Service, appropriately in a manner that ensures information security. The User needs their user credentials when signing in to the Service, and they accept all activity under the User’s credentials as being binding on them. If any of the sign-in methods listed above, or other sign-in or identification methods related to the Service, are compromised or lost, the User must change their sign-in ID immediately. If the User suspects that their credentials are being or may be abused, they must notify Kivra of this immediately. In addition, the User must immediately take measures to prevent outsiders from accessing the Service. Kivra may disclose the User’s credentials to third parties only if authorised by the User or required by the law to do so. Information concerning the processing of credentials is provided in the privacy policies.

Kivra checks the User’s identity only when they sign in. Kivra is not obligated to check or rectify other information that the User provides in connection with the Service.


3.2 Responsibility for using electronic services

An Electronic Document is deemed to have been received by the User once it has been transmitted to their electronic mailbox.

The Sender is responsible for the content, form and justification of the Electronic Documents transmitted to the User through the Service and for the accuracy of the information included in the documents. The Sender is responsible for ensuring that all the required approvals and permissions have been obtained from the User and are valid and justifiable in accordance with the law. Kivra does not monitor the content or accuracy of the documents transmitted to an electronic mailbox, nor is it responsible for these. Kivra is responsible only for content produced by Kivra.

The User is responsible for processing the Electronic Documents they receive in the Service in the same manner in which they would be responsible for processing physical documents. This means that, for example, the User is responsible for opening the Electronic Documents they receive and for performing the measures necessitated by the documents.

Using the Service may enable the User to access or order the Senders’ products and services. In addition, advertising may be displayed in the Service from Kivra or from Senders in a contractual relationship with the User. Kivra is not responsible for any links in Electronic Documents, for offers made by Senders or the content of such offers, or for Senders’ products and services. The User is responsible for any orders they place or payments they make through the Service and for other events taking place through the Service, such as all payments related to the use of the Service. Senders may register their customers in their own customer registers and are responsible for such registers and for the related personal data processing. Consent will be requested from the User if the processing of their personal data or the transfer of their personal data to the Sender so requires.


3.3 Processing of documents and other material

The User is responsible for their activity and for the processing of Electronic Documents in the Service. The User is also responsible for the activity of the Users they have provided with processing rights.

In other words, the User is responsible, for example, for the processing of data and Electronic Documents performed by another User authorised by the User within the Service.

The User is responsible for ensuring and checking that the Electronic Documents uploaded and stored by them are not in conflict with the laws of Finland and do not violate any rights. Kivra has the right to remove material if it turns out that the content of the material processed by the User in the Service is offensive, violates another party’s copyright or other rights or is in conflict with the law or with the terms and conditions concerning the Agreement or the use of the Service. The User is responsible, at their own expense, for any criminal sanctions related to the material and documents they have stored in the Service and for any obligations and costs arising from these, such as damages and legal expenses.

The User agrees to use the Service in such a way that no harm or damage is caused to Kivra or other parties. The User is responsible for ensuring that the Electronic Documents uploaded and stored by them do not contain viruses or other harmful qualities. The User is also responsible for ensuring that they do not distribute or process documents in the Service that cause harm or damage or otherwise violate the rules and guidelines. Such documents include, for example, material that violates third parties’ rights or that can be regarded as offensive or as being in conflict with good practice, such as appeals that contain hostile, threatening or pornographic content or that encourage violence or ethnic agitation.

If Kivra suspects that the User is using the Service in violation of this section, Kivra has the right, without prior notice, to delete data and Electronic Documents and prevent the User from transferring them, and the right to exclude the User from the Service and terminate their Agreement with immediate effect (see sections 6.2 and 6.3).


4. Kivra’s responsibilities

4.1 Personal data processing and data protection

In connection with registering and creating a user account, the User’s personal data is stored in Kivra’s user register. The User’s personal data is processed in accordance with current laws, general terms and conditions, the Agreement and the personal data and privacy policies. Kivra’s personal data and privacy policies are available at https://kivra.fi/tietosuoja/kayttaja.html. The User’s consent for personal data processing is requested when the User registers for the Service, in connection with Additional Services or in some other way if consent is required for the processing of their personal data. The User may prohibit the processing of their personal data by cancelling their registration for the Service or closing the Service in accordance with section 6.1. The data will be deleted irrevocably from the Service after forty-five (45) days. The Service cannot be used without approving these terms and conditions. If the User cancels their registration or closes the Service, they will no longer have access to the Service.

To provide the Service, Kivra has the right to disclose the User’s personal data to all Senders within the Service or to other parties when necessary for the transmission of Electronic Documents.

One or several user-specific identifiers may be created for the User in connection with registration. Each identifier will be used to identify the User in connection with the Service and Additional Services and when transferring to services provided by a Sender. With consent from the User, identifiers may also be used for other purposes.

When processing Electronic Documents in the Service, Kivra respects the User’s privacy and does not allow unauthorised access to their content or submit such documents to third parties. However, Kivra reserves the right to disclose information that it is obligated by law to publish or disclose.


4.2 Liability and limitation of liability

Kivra is responsible for ensuring that the encryption and protection procedures related to data transmission and processing within the Service are appropriate and legal. As a rule, the Service is available at all times (24/7/365). Kivra does not guarantee that the Service is free of errors, delays or interruptions, and is not responsible for any errors, delays or interruptions in the Service. Kivra reserves the right to discontinue the provision of the Service at any time for servicing, such as repair, changes, maintenance or updates.

Kivra is not responsible for any damage arising from erroneous information provided by the User in connection with their registration for or use of the Service. In the event of erroneous information being provided by the User, Kivra is not obligated to provide the Service in accordance with the Agreement.

Kivra’s liability for damages to the User is determined based on the laws applicable to the Service and its terms and conditions. Kivra is liable to the User only for immediate and reasonable damage demonstrated by the User. Kivra’s liability is limited to the amount paid by the User for the Service, unless otherwise provided by peremptory provisions of the law. Kivra is not liable to the User for indirect costs, damage or losses, such as loss of profit or other consequences, incurred by the User, unless Kivra has caused these intentionally or through gross negligence. This means, for example, that Kivra is not liable for damage arising from an interruption in the availability of the Service.

The User must notify Kivra of an error they have detected as soon as possible, but no later than three (3) years from the time when the damage was detected or should have been detected. If the User fails to do so, they lose their right to make claims.


5. Force majeure

Kivra is released from liability for damages and from other liabilities if the damage or negligence is due to an obstacle beyond Kivra’s control that Kivra could not reasonably have taken into account and the consequences of which Kivra could not reasonably have avoided or prevented. Such force majeure circumstances include, for example, war, a natural catastrophe, a lockout, a strike, a fire or an interruption in energy supply. The same applies if one of Kivra’s subcontractors suffers from force majeure circumstances in accordance with this section.


6. Terminating the Agreement and closing the Service

6.1 Termination of the Agreement and closure of the Service by the User

The User has the right to close their user account through the Service. Closing a user account means terminating the Agreement on the Service. If the User experiences problems with closing their user account, they must contact Kivra. Please note that the User may continue to use the Service for forty-five (45) days after closing their user account. The transmission of Electronic Documents to the User’s electronic mailbox will also be discontinued after forty-five (45) days. Kivra has the right to notify Senders of the termination of the Agreement.


6.2 Termination and rescission of the Agreement by Kivra

Kivra has the right to terminate the Agreement at three (3) months’ notice by notifying the User of this termination in the Service or by email. The notice period starts at the time of notification. After the notice period, the user account will be closed and all Electronic Documents will be deleted irrevocably.

Kivra has the right to terminate its Agreement with the User with immediate effect, without a notice period, if the User violates these general terms and conditions, any obligations or rules arising from the Agreement, any decisions or guidelines issued by the authorities, or the law. In addition, Kivra has the right to terminate the Agreement with immediate effect, without a notice period, if the User uses the Service in a manner that puts its functionality or security at risk or if the User provides the Service with false information. Kivra will notify the User of the termination of the Agreement in the Service or by email. Terminating the Agreement will cause the User’s user account to be closed. After this, the Electronic Documents will be stored for forty-five (45) days, after which time they will be deleted irrevocably.


6.3 Closing the Service

Situations in which the Service may be closed are described in sections 6.1 and 6.2. Closing the Service means that the User will no longer be able to access the Service or the Electronic Documents, data and archives in the Service.

Kivra may also close the User’s Service, in part or in full, with immediate effect if Kivra has reason to believe that the Service is being used in violation of the law or the Agreement or that the Service is being abused or attacked, or for some other justifiable reason. Kivra will notify the User of such changes through the Service or by email.


6.4 Special circumstances

Kivra also has the right to terminate the Agreement and close the User’s Service, in part or in full, and to remove the data and documents from the account in the Service if the User has not signed in to their user account during the past twelve (12) months. The User will be notified of such changes by email one (1) month before their implementation, so that the User can prevent the change by signing in to the Service. If the User does not sign in during this one-month (1-month) period, Kivra has the right to delete their data and documents.

If the User passes away, Kivra has the right to close their user account and delete their data and Electronic Documents fifteen (15) months after the time of their death.


6.5 Data transfer in connection with closing the Service

In connection with closing the Service, Kivra may, but is not obligated to, offer an Additional Service to the User in which Kivra participates in transferring the User’s Electronic Documents to an electronic mailbox, archive or similar storage facility provided by another service provider.


7. Amendments to the terms and conditions

The User is aware that Kivra is continuously developing the Service. Kivra has the right to amend and supplement the general terms and conditions for the Service, in addition to the special terms and conditions for Additional Services, through the Service.

Kivra has the right immediately to implement changes required by laws or regulations, or decisions issued by the authorities, by notifying the User of this in connection with the Service. Unless the amendments increase the User’s obligations or decrease their rights, the User is informed about amendments to the terms and conditions in connection with the Service. Otherwise, the User is notified of amendments to the terms and conditions in accordance with section 2.6.

Amendments will come into effect once the user has approved the amended terms and conditions. The User approves the amended terms and conditions by using the Service. If the User does not approve the amended terms and conditions, they have the right to discontinue their use of the Service and terminate the Agreement in accordance with section 6.1.


8. Other terms and conditions

8.1 Other rights and obligations

All rights related to the Service, including all rights of ownership, copyright and immaterial property rights, such as rights to a technical solution and its possible content, belong to Kivra or its licensors and are protected by the applicable laws.

The User’s data and Electronic Documents will be stored in the Service for the time period indicated in the general terms and conditions or in connection with the Service. When finished using the Service, the User must take care of printing the documents they need or storing them elsewhere.


8.2 Disputes

This Agreement is governed by the laws of Finland. The parties seek to resolve any disputes primarily through negotiation. Any complaints related to the Service must be filed with Kivra.


Contact information for Kivra

Business ID: 2918721-9
Visiting address: Miestentie 9 C, 02150 Espoo, Finland
For more contact details, visit https://kivra.fi/

If a dispute arising from the Service cannot be resolved through negotiation within three (3) months, the User may file the issue with the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. Before filing the issue with the Consumer Disputes Board, the User must contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi). In other respects, disputes are resolved in a general court of law in Kivra’s location.


8.3 Transfer and subcontractors

The User may not transfer this Agreement or their rights and obligations arising from the Agreement without prior written consent from Kivra.

Kivra has the right to transfer this Agreement or its rights and obligations arising from this Agreement, in full or in part, and without the User’s consent, to a company that belongs to the same group of companies as Kivra.

Kivra has the right to use subcontractors to meet its obligations in accordance with the Agreement. When using subcontractors, Kivra must always ensure that they comply with the laws applicable to the agreements, concerning personal data processing, for example.