Terms of service
Applicability and parties
These terms of service regarding the use of Aginotes Oy’s (hereinafter “AgiNotes”) web-based agility sport service (hereinafter the “service”) are applicable between Aginotes and a user of the service, with whom AgiNotes has concluded a contract regarding the use of the service. By registering as a user, concluding a contract with AgiNotes and using the service a user accepts these terms and agrees to comply with them during the entire term of the contract. If you conclude a contract on behalf of a corporation, an association, a team or other legal entity, you represent and warrant that you are entitled to conclude a contract on behalf of the entity. Description of the service and its features can be found at www.aginotes.com. A person making a contract regarding the use of the service must be of the age of 18 years or older.
Please note that https://shop.spreadshirt.fi/aginotes is owned and run by Spreadshirt and they have their own Terms and conditions.
Formation of a contract
A binding contract regarding the use of the service is made when a person registers and makesby making a contract online at www.aginotes.com for the use of the service. For a justified reason, AgiNotes has a right to cancel a contract a user has made online.
Changes to the service and these terms
The service provider regarding the service is:
Business ID: 2867568-3
PL 30, 40951 MUURAME
Tel: +358 50 514 9399
Customer service and support hours: customer service and support by email primarily, limited phone support available at advance request Monday to Friday, 8 AM to 2 PM EET/EEST (excluding public holidays).
The contact details above can also be used for general inquiries, customer feedback and complaints.
The service is an online service targeted for people who are involved in the sport of dog agility. More specific and up to date service description can be found at www.aginotes.com. The service is a responsive, mobile-first web-based service used through an internet browser. The features available for the user may depend on the type of plan selected by the user and payment of associated usage fees. Use of the service with limited features may be free of charge, but additional features require payment of annual subscription fees.
Prices and payment methods
Use of the service with limited features is free of charge, but additional features require payment of an annual or monthly subscription fee. Subscription fee may also vary depending on the term the user chooses for the contract (1 month or 12 months). Use of the service is paid in advance at the time of making a contract. The subscription continues and the payment is recurring unless the user cancels it before the ongoing subscription period ends. By subscribing to the premium the user gives AgiNotes a permission to initiate a payment or a series of payments on his/her behalf.
The applicable subscription fees for the additional paid features are available at www.aginotes.com or otherwise provided to the user prior to upgrading the agreement for the service. All fees are in euros, unless otherwise provided. All fees are VAT inclusive according to the applicable tax laws in force from time to time. The fees for the service are valid for a calendar year at a time, whereafter AgiNotes may update its prices by notification.
AgiNotes offers payment by credit card only (Visa, MasterCard, American Express). All payments are made safely and securely by using a third party’s, Stripe’s (www.stripe.com), payment processing services. When a user pays with a credit card, the card will be charged when placing the order for the service.
Order cancellation by user
The Finnish Consumer Protection Act (kuluttajansuojalaki) specifies the conditions when a consumer (kuluttaja-asiakas) can cancel an order made distantly. By default, a consumer may cancel an order within 14 days. Regarding digital content and services (such as our service), the 14-day cancellation period is calculated from making the contract for the use of the service. However, a customer has not a right to cancel an order for the use of a digital service, if the delivery of the service is started with customer’s consent prior to elapsing of the 14 day cancellation period.
By making a contract for the use of the service, the user gives consent that the delivery of the service is considered to be started when the customer has received login details and can start the use of the service. Therefore, a contract for the use of the service cannot be cancelled.
Use of service and limited license
AgiNotes grants the user a limited, non-exclusive, personal and non-transferable license to use the service for his/her personal purposes relating to dog agility. The user agrees to use the service according to these terms and applicable laws. If AgiNotes has reason to believe that the user has not followed these terms or the applicable laws, AgiNotes may delete or limit the user rights or conduct other means it considers necessary.
A user cannot (a) use or try to use another user’s account without his/her and AgiNotes’ permission; (b) copy, modify or create derivative works of the service, it’s content or technology relating to it; (c) reverse engineer, decompile, disassemble or otherwise try to derive the source code of the service or its technology; (d) remove any intellectual property right notices from the service; (e) without permission, create a user account by using another person’s personal data or otherwise incorrect or fake data; (f) transfer his/her account to another user without AgiNotes’ prior written consent; (g) sell, resell or otherwise provide the license to use to a third party without AgiNotes’ prior written consent.
The use of the service requires that a user concludes online an agreement with AgiNotes relating to the use of the service and a user account with associated user name is created for the user. The number or scope of the features included or the amount of entries that can be made in the service may depend on the agreement and subscription level chosen by the user .
During the registration AgiNotes must be provided with required details of the user. The user is responsible for giving accurate and truthful information and update the information when necessary for creating and maintaining a user account in the service.
Login and password details are always personal. The user must make sure that the login and password details are maintained in a secure manner. Login and password should never be provided to anyone else and a person should never use another person’s login and password. If a user believes or knows that the confidentiality of his/her login and password has been compromised, he/she should inform about it to AgiNotes without delay. AgiNotes has the right to delete or limit user access, if AgiNotes justifiably believes that the confidentiality of the user account has been compromised or the user does not follow these terms or otherwise acts in bad faith.
Information provided in the service and errors
Even if AgiNotes has used great care to develop the service, AgiNotes cannot provide any warranties that the service would operate error-free or that the data contained by it would be accurate, complete and up to date. The service is provided to the user on “AS IS” and “AS AVAILABLE” basis. The user should evaluate prior to use of the service that it is fit for the user’s intended purpose.
Privacy and personal data
Content created or provided by the users
If a user enters or creates content in the service while using it, the intellectual property rights relating to such content is owned by the user or its licensor(s). However, AgiNotes has an unlimited right to use, modify and copy the content entered or created by the user for providing the service to the user or for any other reasonable business purpose of AgiNotes, provided that the user cannot be recognized from such activity. AgiNotes does not disclose user-created content to third parties, unless it is necessary for provision of the service to the user or for developing, analyzing or marketing the service, provided that AgiNotes does not disclose the user-created content as such or in a manner that the user could be recognized from such disclosure.
The user is responsible that it has a right to enter the content into the service and that the content it has entered or created does not violate any laws or third party rights and is otherwise lawful. AgiNotes does not generally review content entered by its users. If so considered necessary, AgiNotes has a right to delete, modify or restrict the content entered by the user into the service.
Intellectual property rights
The service and content relating to it are protected by copyright and other intellectual property right laws and shall remain the sole and exclusive property of AgiNotes or its licensors, as the case may be. The user is only granted a limited license to use the service in accordance with these terms.
Use of the service
Use of the service requires a browser and an internet connection. The service can be used with compatible desktop and mobile browsers. Even if the service has been tested on different devices, browsers and operating environments, AgiNotes cannot provide any warranties that it will function error-free on all possible devices, browsers and operating environments.
The user is responsible at its own cost to acquire and maintain necessary devices, software and internet connections required for the use of the service. AgiNotes does not guarantee that the application can be used specifically with the user’s device, software and internet connection. AgiNotes is not responsible of the possible outages or disconnections of the service for instance due to updates, technical issues or problems or other similar reasons. AgiNotes is not responsible for any damages caused by or relating to use or inability to use the application.
Non-consumers: Limitation of liability
This paragraph's terms apply only to users or customers that are non-consumers: Under no circumstances shall AgiNotes be liable to the user for any indirect, consequential or special damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages in excess of the amounts actually retained by AgiNotes from the user in the six (6) months preceding the event giving rise to the claim.
Term and effects of termination
The term of the agreement is defined in the agreement concluded between AgiNotes and the user. Unless otherwise specified in a contract between AgiNotes and the user, a contract is valid and in force for 6 or 12 months at a time and continues for subsequent 6 or 12-month periods, unless it is terminated prior payment of a new contract 6 or 12-month period .
In addition to the above, for a justified reason AgiNotes is entitled to restrict the use or support of the service or terminate the agreement between the parties by providing a written notification to the customer at least one (1) month in advance. AgiNotes may also terminate the agreement, if payments for the use of service are delayed for more than one (1) month.
A party is also entitled to terminate an agreement in whole or in part in the event that the other party fails to comply with any material term of an agreement or these terms, provided that such failure is not cured by the breaching party, to the extent the failure is curable, within fourteen (14) days after the notice of the breach was provided by the non-breaching party.
When the agreement relating to the use of the service is terminated or expires, terminates or expires also the right to use the service. The terms and conditions of an agreement which by their nature and purpose are intended to survive termination, shall survive any termination or expiration of an agreement.
Applicable law and dispute resolution
A contract between AgiNotes and a user, the use of the service and these terms shall be governed by and shall be construed in accordance with the laws of Finland, without regard to its conflict of laws rules and principles.
Any litigation or dispute arising between the parties under these terms will be settled by amicable settlement. Failing amicable settlement, the dispute will resolved by the district court of Central Finland (Keski-Suomen käräjäoikeus), Finland. If the user is considered as a consumer domiciled in the EU, it cannot be deprived of the rights granted to him/her by the mandatory consumer protection laws of his/her country of domicile. A consumer may always institute proceedings in the district court of its domicile. Consumer-users may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr. Finnish consumers may always refer a dispute to the Finnish Consumer Disputes Board (see more: kuluttajariita.fi and kuluttajaneuvonta.fi).
Unless otherwise agreed, a party does not have the right to transfer an agreement or rights and obligations related to it, entirely or partly, to a third party without the other party’s prior written acceptance. However, AgiNotes may assign an agreement or rights and obligations related to it without the user’s prior acceptance in connection with any merger, sale of business or similar transaction.