Service agreement

Welcome to World of Mouth, an invitation-only restaurant guide service provided by World of Mouth Oy for natural persons for the purpose of creating, sharing and viewing content related to restaurants in an invite-only online community of foodies. 

You shall read this Service Agreement with due care. By accepting this Service Agreement as part of the sign-up procedure to the WoM Website and the WoM App (the “Service”) (e.g. by clicking “I agree”), you (“you”, “your” or the “Customer”) accept the terms of this Service Agreement (the “Agreement”) and will be bound by this Agreement with World of Mouth Oy (Business ID: 2954703-4, address: Pursimiehenkatu 29-31 A, 00150 Helsinki, FInland) (“we”, “us”, “our” or “World of Mouth”). This Agreement applies to any use of the Service. If you do not agree to the terms of this Agreement, do not use the Service. 

The Terms are concluded between us and the User only, and not with Apple Inc., and we, not Apple Inc., are solely responsible for the WoM App and the content thereof as set out in the Terms. You agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. 

By finalizing the subscription to the Service, you hereby warrant to have the required authority to subscribe to the Service and commit to the Service Fees. 

In these Terms “You” and “User” refers to all users of the Service, including you. 

Definitions 

Service Fee” means the fee charged by World of Mouth from time to time from you during the term of this Agreement for the Service as set out on the WoM Website on and/or the WoM App from time to time. 

WoM App” means the digital application called World of Mouth provided by World of Mouth and available for download from AppStore and GooglePlay for the purpose of creating, sharing and viewing content related to restaurants in an invite-only online community of foodies. 

WoM Website” means the browser-based online platform provided by World of Mouth for the purpose of creating, sharing and viewing content related to restaurants in an invite-only online community of foodies. 

Use of the Service 

Subject to due payment of the Service Fee as well as compliance with the terms agreed in this Agreement, you have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Service in the form offered to you by us from time to time for the purposes set out herein. Your right to use the Service is valid during the term of this Agreement. The license granted to the User for the iOS WoM App downloaded from Apple’s App Store is further limited to a non-transferable license to use the WoM App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and these Terms. 

You are responsible for obtaining the equipment, connections and software necessary to use the Service as well as for any costs relating thereto. 

Please note that we define the rules applicable to the use of the Service at any given time. 

We are continuously developing the Service and we may change or remove different parts of the Service, including its functionalities and features, in part or in whole. We may make modifications or changes to the Service at any time at our sole discretion and without notifying you thereof, provided that such changes do not materially reduce the features of the Service. If we introduce changes that materially reduce the features of the Service, we will notify you thereof in advance and you are entitled to terminate this Agreement and the subscription of the Service in case you do not accept the changes. 

We are not responsible for retaining any materials or information that has been uploaded by the Users to the Service. Do not use the Service for storing or backing up any materials or information. 

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the WoM App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support. 

User accounts 

You are eligible for subscribing to the Service only based on a personal invitation you have received from another User of the Service. As a User, you have the right to invite a restricted amount of other natural persons to the Service, at the discretion of World of Mouth. 

When subscribing to the Service and creating an account, you must submit accurate and current details, as requested on the sign-up page of the Service. Please remember to update your details in case of any changes. 

Your account and password are personal. Do not disclose your password to third parties and do not let third parties use your account to the Service. Please note that you are responsible for all use of the Service under your account. 

We have the right to terminate your account to the Service at any time, for example in case we deem that you have breached this Agreement, added misleading, inaccurate, inappropriate, unauthorized or illegal content to the Service or caused harm to us or the other Users of the Service. 

Subsciption and payment 

The functionalities and features of the Service become available to you through subscription to the Service and after the payment of the applicable Service Fee. 

The applicable Service Fee(s) relating to the Service is specified on the WoM Website and/or in the WoM App. 

You acknowledge that after the purchase of a subscription, you may cancel your subscription within a period of 14 days starting from the day of your purchase of the subscription by sending us a cancellation notice on the addresses set out below for example by using our cancellation form (link) and receive a full refund of the Service Fee paid to us within such period, but in case you start using the Service during that period, your subscription can no longer be cancelled by you. A possible refund is paid to you within 14 days of receipt of the cancellation notice. We will inform you of the receipt of the cancellation notice. We will refund amounts using the method you used for payment. 

Payment of the Service Fee shall be conducted with a valid credit card by submitting the relevant credit card information, as required in the Service, in connection with the subscription. If a payment cannot be charged successfully, due to e.g. expiration of the registered credit card or insufficient funds and the Customer does not provide World of Mouth with valid credit card information, World of Mouth has the right to suspend the Customer’s access to the Service until valid credit card information has been provided by the Customer. 

The applicable Service Fee for the Service will be charged from the Customer’s credit card. The date of the charging shall be the date of the commencement of the subscription of the Service and after the first 12-month subscription period annually in advance. In some cases, the payment day may change, for example if it has not been possible to charge the Service Fee due to insufficient funds. 

Interest on overdue payments shall accrue according to the Finnish Interest Act. The Customer shall be responsible for the reasonable costs incurred by World of Mouth when collecting overdue fees. 

User Content 

In connection with the use of the Service you and/or other Users may submit content, data and information, including without limitation text and photographs, to the Service ("User Content"). 

The intellectual property rights relating to the User Content shall belong to the User that submitted it to the Service. 

You grant World of Mouth an irrevocable, perpetual, worldwide, non-exclusive and royalty free right to use and store the User Content in any form and for any purpose. The User Content may, among other things, be compiled to a guide to be sold by World of Mouth. 

Please note that you are responsible for the content you have added to the Service and for having obtained all necessary rights to add such content to the Service to be used in accordance with this Agreement. You shall ensure that content submitted by you to the Service does not infringe any third-party intellectual property rights or violate any applicable laws or legislation. Do not add any illegal, offensive, threatening, libelous, defamatory, or otherwise inappropriate content to the Service. 

We have the right to remove any content added to the Service by the Users. 

We may collect and process data, including personal data, in relation to your subscription and your use of the Service, such as your contact details and identification data. We processes personal data in accordance with our Privacy Policy in force from time to time. 

Information available on the Service 

The information uploaded by Users and the other information available on the Service is for informational purposes only and does not constitute professional advice. 

Please note that the information available on the Service may include information that you find erroneous, misleading or otherwise objectionable. For clarity, we make no warranty as to the information available on the Service or its accuracy, reliability or fitness for a particular purpose. The information does not, in any way, reflect the opinion of World of Mouth or its affiliates. 

Restrictions of use of the Service 

You may use the Service only and strictly in accordance with the terms of this Agreement and only for the purposes set out herein. 

The User must comply with applicable third party terms of agreement when using the WoM App or the Service. 

Unless otherwise permitted in this Agreement, you may not: 

  1. a) circumvent or attempt to circumvent any usage control or anti-copy features of the Service; 
  2. b) probe, scan or test the vulnerability of the Service; 
  3. c) use the Service or the content available through the Service in any manner that could damage, disable, overburden or impair the Service; 
  4. d) use any data mining, robots, scraping, or similar data gathering or extraction methods; 
  5. e) use bots or other automated methods to use the Service; 
  6. f) use, copy, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the content provided by anyone else than you available through the Service, except as provided herein; 
  7. g) interfere with other Users’ use and enjoyment of the Service; 
  8. h) reverse engineer, decompile disassemble, decipher or otherwise attempt to derive the source code of the Service or any related technology, or any part thereof; 
  9. i) use the Service for transmitting any unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, or any other form of solicitation or mass messaging; 
  10. j) create an account in the Service using a fake identity or an identity of another person; 
  11. k) access the Service except through the interfaces expressly provided by World of Mouth, such as the WoM App and the WoM Website; 
  12. l) use the Service in violation of applicable law; 
  13. m) use the Service in ways that violate intellectual property rights, trade secrets or privacy of third parties; 
  14. n) use the Service for unauthorized, inappropriate or unethical purposes or activities; or 
  15. o) use the Service to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment. 

Third-party services and content 

Certain functionalities and content on the Service may be provided by third parties. 

This Agreement covers exclusively the Service and the use thereof and any and all linked third-party services and content are provided by the relevant third parties and covered by their terms of service or other agreements or licenses. World of Mouth does not assume any liability in regard to use of such third-party services and content, whether or not they are referenced by or available on the Service. 

Intellectual Property Rights related to the Service 

All intellectual property rights in or related to the Service and the data generated by the Service or the Users’ use of the Service and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of World of Mouth. 

Except as expressly stated herein, this Agreement does not grant the User any intellectual property rights in the Service and all rights not expressly granted hereunder are reserved by World of Mouth and its subcontractors or licensors, as the case may be. 

To the extent we are required to provide intellectual property rights indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the iOS WoM App or your use of it infringes any third party intellectual property right. 

Limitation of liability 

We try to keep the Service up and running but please note that the Service may at any time be temporarily interrupted or permanently discontinued and may contain errors and inaccuracies. 

We are not responsible for damages caused by such interruptions, suspensions, errors or inaccuracies or from any use of the Service by You. 

This section does not limit World of Mouth’s statutory liability for defects or delays in the Service to our consumer Users or your statutory remedies under any applicable mandatory consumer protection laws. 

Warranty and Claims 

Except as specifically provided under this Agreement, the Service is provided "as is" and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. 

To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty. 

We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS WoM App or the User’s possession and/or use of the iOS WoM App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS WoM App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS WoM App’s use of the HealthKit and HomeKit frameworks. The Terms do not limit our liability to the User beyond what is permitted by applicable law. 

The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. 

Term and termination 

This Agreement shall enter into force immediately after You have finalized the subscription to the Service and accepted this Agreement as part of the subscription procedure. 

This Agreement shall stay in force for an initial subscription period of 12 months after which it shall renew automatically for subsequent 12-month periods until further notice. You shall continue to have access to the Service and World of Mouth is entitled to charge the Service Fee until the end of the notice period. 

For the avoidance of doubt, your subscription shall continue automatically for 12 months at a time after the initial subscription period of 12 months until you terminate your subscription. 

Consumers in the EU: Please note that under applicable consumer protection laws you might have the right to terminate an automatically renewed subscription with a notice period of 30 days after the expiry of the first subscription period and receive a refund of prepaid Service Fees. 

After your subscription (and this Agreement) has been terminated for any reason, you shall lose your access right to the Service as soon as the notice period has ended and none of your or other Users’ User Content shall be visible or accessible for you through the Service or by other means. Such User Content may, however, be kept in the Service for a period to be determined by World of Mouth. You are responsible for downloading/saving any of your User Content you may wish to keep prior to the termination of this Agreement. 

Upon termination of the subscription (and/or this Agreement), World of Mouth shall not be obliged to refund any payments effected in accordance with this Agreement. However, in case your subscription is prematurely terminated in accordance with this Agreement, you might have the right to a refund of prepaid Service Fees. 

All provisions of this Agreement that are intended to survive the termination or expiry of this Agreement shall do so. 

Amendments to the terms and our prices 

We have the right to amend this Agreement and our prices by publishing the amended Agreeement/prices on the WoM Website and/or the WoM App and by notifying our registered Users of the amendment by sending them an e-mail to the address they have submitted to us. 

The amended Service Agreement/prices will become effective within 30 days after they have been published. 

By continuing to use the Service after the amendments have been published, you accept the new terms of this Agreement/prices of the Service. 

Assignment 

You cannot transfer or assign this Agreement. We may, however, transfer and assign this Agreement and our rights hereunder (including intellectual property rights and licenses) to our affiliates or as part of a sale or transfer of our business or other corporate acquisition. 

Applicable law and dispute resolution 

This Agreement shall be governed by and construed in accordance with the laws of Finland, notwithstanding its choice of law provisions. 

Any dispute arising from or relating to this Agreement shall be subject to amicable negotiations between the Customer and World of Mouth. If no amicable settlement is reached, the dispute shall be settled by the District Court of Helsinki as the first instance. As a consumer residing in the European Union you may also refer a dispute to online dispute resolution provided by the European Commission (please see http://ec.europa.eu/odr). Finnish consumers may initiate proceedings in the court of their domicile or refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi). 

Any User questions, complaints or claims with respect to the WoM App, WoM Website or Service should be directed to: info@worldofmouth.app, Pursimiehenkatu 29-31 A, 00150 Helsinki, Finland