Terms of service

Last updated: 3.3.2021

1. The Subject Matter

These terms and conditions define the use of the Lockread service between the Service Provider and the Customer. “Service” in this agreement is used to define the secure email service called Lockread provided by N Health Technology Oy. The Service is an online tool that allows its users to send and receive secure messages and provides related additional features. “Service Provider” (hereafter “Lockread” and “we”) refers to N Health Technology Oy. The company’s official business ID number in Finland is 2966332-6. “Customer” defines the company, organization or individual who uses the Lockread service. “Material” defines the documents, files, and other data that has been moved or transferred to the Lockread service.

2. Entry into Force

This agreement will enter into force when the Customer has agreed on the terms of this agreement and entered their necessary details into the Service. We reserve the right to deny access to the Service if the Customer provides invalid information during the registration process.

3. Features and Contents of the Service

These terms apply to the Lockread service provided by Lockread. The Service may contain customer-specific concepts for which all of these terms are valid. Customers can use the Service to send and service secured emails. Additionally, Customer can view statistics and store messages temporarily. We reserve the right to add or remove features from the Service. If the changes to the features affect the Customers’ use of the service, the changes will be reported well in advance to the Customers. We are not responsible for any cost to the Customer caused by such changes to the Service. If necessary, new services can be offered to the Customers with additional agreements.

4. Responsibilities of the Service Provider

We, as the Service Provider, are responsible for guaranteeing that the quality of the Service corresponds with the requirements as defined in this agreement. Our responsibility is to ensure the availability of personnel and other resources required for delivery of this Service. The Service is delivered using our own methods and practices for producing the Service. We are entitled to make changes to our technical environments, hardware, software and methods, and practices for producing the Service. Such changes require us to ensure the Service is delivered to the customer as agreed in this agreement. The Service is delivered through an SSL secured connection between the Customers’ end-devices and our servers. The messages in the service are always encrypted and additional layer of encrypted is used in all user-generated text and binary content.

4.1 Service Level

We guarantee the following service level for our user support: Emails regarding to the use of the Service will be answered as soon as possible. Proposal and schedule for resolving a Customer’s problem will be reported to the Customer as a response message.

We are doing our best ensure the availability of the Service at any given time. However, we do not guarantee an availability level for the Service nor are we responsible for any downtime generated by third parties. In case our Service becomes temporarily unavailable, our technical team will investigate the situation as their highest priority and provide any information the Customers may request about the situation. We also reserve the right to interrupt access to the Service temporarily for maintenance reasons. We are not responsible to compensate any direct or indirect cost to the Customers caused by Service unavailability or interruptions.

5. Responsibilities of the Customers

The Customers must provide us with sufficient and correct information for delivering the Service. If a Customer is not a person, a contact person needs to be named and the contact details for that person need to be kept up to date during the use of the Service. The Customer must affirm the validity of their Materials, including their contact details. Regarding to the Materials the Customer may have stored in the Service, the Customer agrees to comply with the applicable Finnish laws. The Customer is responsible for all uses of the Service under their personal account. This includes being responsible and obliged to compensate for any damages caused by Service abuse or misuse that has happened under the Customer’s account. The obligation for compensating for these damages applies to the Service Provider and any third parties that are affected by the abuse or misuse. Sending unsolicited bulk emails through the Service is strictly forbidden and will always lead to liability for damages (see section 9 of this agreement). The Customer is responsible for ensuring the emails sent through the Service do not include any harmful parts (e.g., viruses or malware) that might damage the functionality of the Service or risk the security of the Service or its users, including the survey responders. The Customer must immediately report to us any errors in their applications that might interact with the Service. If we need to make any special arrangements to deliver or perform changes or additional features ordered by the Customer, caused by invalid Material supplied by the Customer or otherwise due to the Customer, we reserve the right to charge the additional costs caused by such special arrangements from the Customer.

6. Processing Customer's Collected Data

All data collected through the Service belongs to the Customer. Lockread acts as the data processor and maintains this data in the service environment. Lockread handles the service environment's information security according to the Privacy Policy of the Service. Customer's collected data is used only to provide the service to the Customer. Customer takes full responsibility of the obligations regarding the collected cata. In case the Service is used to collect personal information, the Customer has obligation to write a privacy policy statement where the Customer acts as the data controller. All messages and binary content is encrypted and even Lockread can not access the actual content. Therefore, Service can not restore data to customer in case Customer has incidentally removed it from the servce.

7. Charges and Payments

We may require the Customer to pay for the use of Service in advance through a third-party payment service, a bank e-payment service, or a reference payment with a bank wire transfer. If the payment is made through a bank wire transfer, then the Customer must pay using the reference number assigned on the invoice. The use of this Service is priced according to our current pricing available on our website. The currently valid payment terms are also available on our website. We may also agree separately on the pricing with a Customer. All prices and payment terms are valid until further notice and we reserve the right to change our pricing and payment terms by informing the Customer through the Service or our website. If customer-specific pricing has been agreed on separately with the Customer, then the Customer will be informed individually through the Customer’s contact email address if any changes apply to the pricing or payment terms. We reserve the right to add indirect taxes or other fees as determined by official authorities without limiting them by their name. If there are any changes to the pricing or payment terms, the Customer will be informed one month (1) in advance before the new pricing becomes valid. The Customer has the right to terminate and end the use of the Service if the Customer does not accept the changes to the pricing or payment terms.

8. Intellectual Property

Copyright and other intellectual property rights of the Material imported into the Service remain at the Customer. However, the Customer grants the permission to use this Material in order to provide the Service and tasks specified in this agreement.

9. Confidentiality and Data Loss

Both parties of this agreement agree to keep all the Materials and other possible details and information confidential if the Materials are marked as confidential or can be obviously identified as confidential. Both parties also agree not to use these Materials in violation with this agreement. We commit to handling and storing all confidential information with care and to ensure to the best of our abilities that this information is not changed, destroyed, lost, or obtained by any external party that does not have the right to access this information. All message data are secured and encrypted and even Service can not view the actual content due to service’s encryption and confidentiality architecture. Both parties are responsible for ensuring that their subcontractors and partners agree to keep all the disclosed information confidential and to use this information only for necessary purposes related to the use and delivery of the Service.

10. Liability for Damages and Liquidated Damages

We are not liable for the damages caused by the incorrect operation of a computer or other hardware or software. If a hardware or software failure or our personnel is responsible for any service downtime exceeding 1% of the service time, that time will not be charged to the Customer. We are not liable for any indirect damages caused by errors in our software or tasks performed for the Customer, including but not limited to loss of profits. The limitation of our liability is always either in correcting the error or re-doing the task.

The customer is entitled to compensation from significant direct damages that are caused by service downtime or system failure because of negligence of the Service Provider. However, the amount of compensation is limited to the amount the Customer has paid for using the Service. The Customer does not have a right to compensation from damages caused by reasons beyond our control. In addition, we do not compensate any indirect damages for the customer. We specifically state here that issues related to liquidated damages are treated only within the definitions of this agreement.

11. Force Majeure

Neither party in this agreement is responsible for delays or damages caused by reasons beyond their control that cannot reasonably be required to be taken into account after the conclusion of this agreement and cannot reasonably be avoided. These reasons might include avian and swine influenza, other epidemics, fires, insurrections, riots, confiscations, strikes, lockouts, and boycotts or other organized labor actions, including those situations where a party to this agreement is either involved in or subject to such events. This clause includes a third World War and possible global revolution initiated by robots. Force majeure conditions affecting a subcontractor of either party to this agreement are also considered as a release from liability, if a new subcontractor cannot be acquired without unreasonable additional costs or an essential loss of working time. A party faced with force majeure is required to inform, without delay, the other party thereof as well as of the end of the force majeure.

12. Disclosure of Customer Information

Personal data of the Customers or their survey respondents received by the Service are handled according to the EU General Data Protection Regulation (GDPR). Customer must take full responsibility of the personal data collected through the Service according to the same rules. During the registration process, the Customer becomes a customer of our company and personal details are entered into our customer database. These details are used for providing the Service, its related purposes, and managing and maintaining a customer relationship. Our privacy policy and its descriptions are available at our current location. Electronic versions are available at https://www.lockreado.com/privacy. Contacts related to sections Chapter III of the EU General Data Protection Regulation are required to be in a written format, signed, and sent to our current postal address or personally delivered to our current location. The Customer authorizes us to handle such data described above and in our privacy policy.

13. Applicable Law and Dispute Resolution

This agreement is governed by Finnish law.

Disputes are primarily settled through negotiations. If any dispute cannot be resolved through negotiations between the parties, such a dispute will be settled in the District Court of Helsinki if the Customer is a person, or according to the rules of the Arbitration Committee of the Chamber of Commerce in Finland if the Customer is a legal entity. Any dispute may also be settled by a mediation process in accordance with the rules of the Finnish Bar Association if both parties agree to such settlement in writing. We also have the right to apply for precautionary measures in the court of law located at the Customer’s registered location or other courts that are significant to the terms of this agreement.

14. Assignment to Third Parties

We reserve the right to assign this agreement to a third party by informing the Customer of such an assignment at least twenty-eight (28) days in advance. The Customer does not have the right to assign this agreement to a third party without our prior written consent.

15. Subcontractors and Third-Party Service Providers

We have the right to use subcontractors to provide and implement the Service unless otherwise agreed. We remain responsible under this agreement for the work performed by any subcontractor to the same extent as is if we performed the work ourselves. We also possibly might use third-party services to implement and provide the Service or part of the service. The Customer may request additional information about such third-party service providers. If any failures in the Service are due to failures to perform by a third party, we are not responsible for any direct or indirect damages caused by such failures. We may change our third-party service providers or work with new ones (including those abroad).

16. Modifications and Amendments

We have a unilateral right to modify or amend the terms of this agreement. Such modifications or amendments enter into force after the Customer has signed into the service for the first time after the modifications or amendments have been published and agreed to as the new terms of the agreement. A customer’s continued use of the Service following the modifications or amendments constitutes an acceptance of the new terms of this agreement. If the Customer does not agree with the new terms, this agreement is terminated between the parties with a fourteen (14)-day notice period during which the prior terms apply. The Customer’s right to use the Service ceases on the expiry of the period of notice and the Customer’s account is cancelled after the notice period.

17. Term and Termination

Both parties have the right to terminate the agreement in one month (1) by written notification or by email after the terms have been agreed. During the period of notice, the Customer is not entitled to send or receive new messages through the Service. However, during this period, the Customer has the right to retrieve the data related to the surveys created with the Service (including their response data) in accordance with the terms of this agreement. Both parties of this agreement have the right to terminate this agreement by written or email notification, if the other party has been declared bankrupt or in liquidation. This clause also applies if the other party substantially fails to comply with the terms of this agreement and does not correct its behavior to comply with the terms within fourteen (14) days of notification. In addition, we have the right to terminate the agreement and remove the Customer’s account from the Service immediately if the Customer puts the security of the Service at risk or violates the laws in force. We also have the right to terminate this agreement if the Customer has not paid its fees and possible interest expenses to the Service Provider fourteen (14) days after a notice bill was sent to the Customer. However, the termination of the agreement does not exempt the Customer from paying any unpaid fees.

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