Version 1.1, 24.05.2023
1. SCOPE OF TERMS OF USE
1.1. Nokian Tyres plc, registered address at Pirkkalaistie 7, 37100 Nokia, Finland, (hereinafter ”Nokian Tyres”), specializes in producing tires and offering tire related services.
1.2. INTUITU mobile application (“Application”) is a mobile application through which Nokian Tyres delivers to the user of the Application (“User”) information about their tires and offers definable alerts to User as well as other tire-related services and features such as tire registration (”Service”). User means any individual who uses the Service either for their own private purposes or on behalf of a corporate entity they represent (“Company”). The information provided through the Service may include for example information about tire pressure and tire temperature as well as definable alerts related to the same.
1.3. Application is part of the INTUITU system, which, in addition to the Application, also includes sensors attached to certain Nokian Tyres branded tires manufactured by or for Nokian Tyres or its subsidiaries (“Tires Equipped With Sensors”). The sensors are connected to the Application via Bluetooth connection.
1.4. These general terms and conditions of use for Service (“Terms of Use”) shall be applied to the use of the Service and any updates thereto.
1.5. The following order of precedence shall be applied to any terms and conditions applicable to Service: (1) mandatory legislation, (2) special terms agreed upon with the User or a Company that the User represents (if applicable) and (3) these Terms of Use.
1.6. A binding service usage agreement for Service is created when the User accepts these Terms of Use in the Application or otherwise. The service usage agreement remains in full force while User uses the Application.
1.7. By agreeing to these Terms of Use the User commits to the terms not only on their own behalf but also on behalf of a Company they represent. What is stated as to User under these Terms of Use applies equally to the Company represented by the said User.
1.8. The sale and delivery of Tires Equipped with Sensors is governed by a separate agreement.
2. USING THE SERVICE
2.1. In order to use the Application, the User must register to the Service through an online registration process and establish a user account. Registration is made by inserting the requested information into the Application. The information to be given upon registration includes User’s contact details.
2.2. Upon registration User confirms that User has read and acknowledged both INTUITU Privacy Statement and these Terms of Use, and that User accepts these Terms of Use of Service and undertakes to comply with them when using Service.
2.3. Service verifies User’s email address during the registration procedure by sending an email to the address given. The User is given a code in the email which must be inserted into the Application by the User, whereby User confirms and authenticates its previously inserted email address (double opt-in).
2.4. In order to be able to use the Service the User must have, at User’s expense,
i. mobile device (with a compatible operating system as defined by Nokian Tyres from time to time)
ii. Application installed to a compatible mobile device,
iii. Tires Equipped With Sensors installed on the User’s vehicle for use of tire sensor features of the Application,
iv. internet access for the registration and use of online features of the Application and
v. Application paired with the Tires Equipped With Sensors via a Bluetooth connection for use of the smart tire features of the Application.
2.5. User is entitled to use Service as long as (i) User has an active user account and (ii) User fulfils its obligations as they are set out in these Terms of Use and any other contractual obligations User may have with regard to Service and/or Nokian Tyres or its subsidiaries.
2.6. Application can be downloaded on multiple mobile devices each of which must be separately paired with the Tires Equipped With Sensors in the Application.
2.7. Nokian Tyres may offer to User as a part of Service and/or in connection with Service, other Services or products, which may be chargeable.
2.8. When User registers for Service or whilst using Service, User can separately give its consent for Nokian Tyres or its third party partners whose operations are connected with Nokian Tyres’ operations as part of Service, to use User´s contact information, as generated from Service, in order to send marketing messages or other commercial communications regarding other products or Services of Nokian Tyres or its third party partners to the User.
2.9.The applicable laws, regulations and authority decisions, including laws governing the operation of a motor vehicle , must be followed by User at all times while using the Application. The User is responsible for using the Service in compliance with all applicable laws.
3. SERVICE AVAILABILITY AND CONTENTS
3.1. Service is usually available 24/7 to User, except for when software updates, modifications and maintenance to Service and other technical and operational reasons may exceptionally cause interruptions in Service for the duration of such measures. User hereby accepts that there may be interruptions and downtime in Service. Provision of software updates is at the sole discretion of Nokian Tyres and Nokian Tyres makes no warranties related thereto.
3.2. User accepts that Nokian Tyres may change the content of Service or may replace it with new features or functionalities or make other changes to Service and the service concept.
3.3. Nokian Tyres is at all times at its sole discretion entitled to close, block or suspend Service or restrict its use for any reason in which case section 6.5 applies.
4. ORGANISATIONS ACCOUNTS
4.1. User must join an organisation account (“Organisation”) in the Application. To join an Organisation User must either (a) create an Organisation in the Application upon registration or (b) be invited to an existing Organisation by an organisation account manager. A User that has created an Organisation is the organisation account manager (“Account Manager”) of the Organisation.
4.2. Multiple Users and multiple vehicles with Tires Equipped With Sensors can be added under one Organisation in the Application. A vehicle with Tires Equipped With Sensors can be added to only one Organisation at a time. User can be a member of one Organisation at a time.
4.3. In the Application, Account Manager can send invitations to new Users to register to the Service and to join an Organisation.
4.4. Only the Account Manager of an Organisation can manage the vehicles in the Application by adding or removing vehicles.
4.5. Account Manager can remove any User from the Organisation at any time. Organisation account is deleted when all Users, including all Account Managers, are removed from the Organisation by any Account Manager.
4.6. Account Manager may nominate other User’s as Account Managers.
4.7. The names and email addresses of Users that have joined an Organisation are visible to all other Users of the same Organisation. If a vehicle is connected to the Application, real-time information about whether a vehicle is in active mode (vehicle is moving) is visible to all Users of an Organisation. No history data regarding the vehicle status and no vehicle location data is disclosed to Organisations´ Users. By stopping the Application from collecting data either by logging out from the Application, or turning off Bluetooth, User can stop sharing the vehicle status to other Users.
5. RIGHTS AND RESPONSIBILITIES OF THE USER
5.1. Nokian Tyres grants User a personal, non-transferable and non-exclusive access right to Service for the duration specified in section 2.5 and in accordance with these Terms of Use.
5.2. User is responsible for ensuring that (i) it has the right to disclose the user information and technical information requested for Service to Nokian Tyres and (ii) that Nokian Tyres has the right to use this information for implementing and developing this Service and to disclose information to other User’s in accordance with section 4.7.
5.3. User ensures that at the time of its registration the information it discloses to Service is correct, complete, suitable for the purpose and up-to-date. User is responsible for the whole duration of its usage time of Service for correcting or updating its incorrect or changed information in Service.
5.4. If the vehicle with Tires Equipped With Sensors is no longer owned or controlled by the User or an Organisation under which the vehicle has been added, the User or Account Holder, as applicable, must immediately remove a vehicle from the Application. A new owner or controller of the vehicle with Tires Equipped With Sensors can add the vehicle with Tires Equipped With Sensors in the Application or by contacting [email protected].
5.5. User is always responsible for storing and using its personal login details to Service in a secure manner and shall not reveal the login details to any third parties or otherwise allow third parties to use them. User is not exempted from liability, if Service was accessed with User devices or login details or otherwise Service was de facto used by a third party instead of User.
5.6. User must notify Nokian Tyres immediately, if User has reason to believe that a third party has gained access to or knowledge of User´s login details.
5.7. User is responsible for ensuring that his or her mobile device is compatible with the Service. User is also responsible for ensuring that the mobile device it uses to access Service functions appropriately with regard to data security.
5.8. User is responsible for any cellular data transfer charges that may incur as result of the use of the Application.
5.9. User is responsible for complying with any instructions from Nokian Tyres with regard to using Service and/or INTUITU system.
5.10. If User notices any errors or malfunctions in Service, it is recommended that User notifies Nokian Tyres about such incident without delay by email at the following address [email protected].
6. LIABILITY
6.1. Nokian Tyres' liability is always limited to the direct damages caused by Service to User. However, Nokian Tyres´ aggregate liability shall in no event exceed 1.000 EUR. Insofar as permitted by mandatory legislation, Nokian Tyres shall not be liable for any indirect or consequential damages caused by Service (or by using Service) to User or any third party.
6.2. Nokian Tyres shall not be liable for any damage that is caused by User´s own error, omission or other negligence, a functionality or malfunction of User´s device, unauthorized use of User´s login details or User´s non-compliance with these Terms of Use or other contractual terms or instructions concerning Service.
6.3. Nokian Tyres is never responsible for incorrect or incomplete User information registered and saved in Service, insofar as (i) this information has been provided by User to Service; or (ii) the information has otherwise been obtained from User; or (iii) User has neglected to promptly correct or update its information in Service.
6.4. User acknowledges that Service is set up to provide information about tire pressure and tire temperature and to provide definable alerts on tire condition. Service and INTUITU system are not intended to detect all characteristics of tires but serves as an additional method of monitoring tire condition. The Service and INTUITU system are not a substitute for regular tire condition checks and manual inspections. Service and INTUITU are not designed or classified for use in safety critical situations such as transporting hazardous substances (ADR) and should not be integrated or modified into any such systems. A person who drives a motor vehicle must always conduct necessary tire checks, as instructed by respective vehicle manufacturer and/or tire company.
6.5. Nokian Tyres will not be liable, insofar as this is permitted by mandatory legislation, for any damages, charges, or costs incurred by User due to Service being unavailable or Service or INTUITU system containing delays or errors, including but not limited to inaccurate or false pressure or temperature readings of tires. Nokian Tyres is not responsible for any loss of data resulting from the use of the Service.
6.6. Nokian Tyres is not liable for any damages caused by Service, if (i) they are caused by a failure, delay or interruption in the communication networks or otherwise by a telecom operator's Services; or (ii) they are caused by other similar situation that is not attributable to Nokian Tyres.
6.7. Nokian Tyres is not liable for damages caused by a so-called force majeure event or any similar event that makes it impossible or unduly difficult to deliver Service. A force majeure event refers for example to the following: hurricane, meteorite, earthquake, flood and other natural disasters; fire, explosion or other accidents; restlessness, rebellion, mobilization, terrorism, war and other events related to public order; embargo, boycott, import ban, seizure, and other commercial and governmental acts; industrial actions and interruption in public transport; outbreak of epidemic or pandemic; or other similar unexpected or exceptional occurrences and circumstances.
6.8. As far as permitted by applicable mandatory law, User may not make a claim or bring proceedings relating to the Service or otherwise under these Terms of Use against any subsidiaries of Nokian Tyres. In any case, what is agreed in this section 6 applies also to any claims made by User relating to the Service or otherwise under these Terms of Use against any subsidiary of Nokian Tyres.
6.9. To be entitled to claim damages, User must notify Nokian Tyres about the claim it has regarding Service within a reasonable time and at latest within fourteen (14) days of the occurrence of the damage. Such notification can be made in writing by email to the address of Service: [email protected].
6.10. User is liable for damages caused by Service to Nokian Tyres, if such damages are due to User´s error or omission or User´s non-compliance with its contractual obligations or any instructions concerning the usage of Service.
6.11. In the event of a damage or threat thereof, User must take such necessary actions that can reasonably be expected in such a situation, or that Nokian Tyres requests from User, to prevent or limit the damage.
6.12. What is stated in this section 6 regarding the limitation of liability, shall not apply, if damage concerning Service is caused by gross negligence or a wilful act.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All copyrights and other intellectual property rights relating to Service, including its improvements, updates and contents, remain the exclusive and sole property of Nokian Tyres or, respectively, the property of their licensors or other rights holders. Nokian Tyres does not transfer or assign to User any rights of ownership, intellectual property or any other special rights, in addition to what is expressly provided in these Terms of Use.
7.2. User does not have the right to modify, copy, publish, distribute, transmit, sell, lease, lend, transfer, grant access rights or in any other way dispose of Service or impose any other measures on Service or its software.
7.3. User may not reverse engineer, translate, disassemble, or otherwise investigate Service or its software for the purpose of finding out Service´s functionalities.
8. SUSPENSION AND TERMINATION OF THE SERVICE
8.1. User may terminate Service by requesting an account removal in the Application or by contacting Nokian Tyres at [email protected].
8.2. Once the Service is terminated, all data related to the User is anonymised. However, vehicle data is anonymised when a vehicle is removed from Organisation or when an Organisation to which the vehicle has been added is deleted. If the User is the only user of an Organisation, the vehicle data is anonymised upon termination of the Service by the User.
8.3. User’s right to use Service ends immediately after User has terminated Service, as is described in section 8.1 above.
8.4. Nokian Tyres may, without notice and without any liability, immediately suspend or terminate User’s use of Service and block User’s user account or Organisation account for Service permanently or temporarily, if User breaches these Terms of Use or otherwise uses Service in a way that may cause harm or damage to Service, Nokian Tyres or third parties.
8.5. The termination of Service shall not affect User’s responsibilities that have arisen before the termination of Service or before deleting User’s personal data.
8.6. User´s user information and user account will be removed from Service as soon as possible after the User relationship has ended and at the latest five (5) years after User last logged in to Service (passivity), unless applicable laws require Nokian Tyres to keep some information for a longer period.
9. PROCESSING OF PERSONAL DATA
9.1. Nokian Tyres processes personal data in Service in accordance with the General Data Protection Regulation (GDPR) and the provisions of applicable national data protection legislation.
9.2. Nokian Tyres processes personal data in connection with Service for the purposes of implementing and developing Service, User communication, customer service, processing of claims and marketing. User acknowledges that the data generated by the INTUITU sensor regarding the use of the Tires Equipped With Sensor can be used in handling of claims concerning the INTUITU sensor and/or Tires Equipped with Sensor.
9.3. Nokian Tyres’ processing of personal data in connection with Service is described in more detail in INTUITU Privacy Statement, which is available in the Application and/or on Nokian Tyres’ data privacy website (https://www.nokiantyres.com/privacy-statement/ ).
9.4. Before registering and starting to use Service, User is expected to read the INTUITU Privacy Statement. User acknowledges the processing of its personal data for the purposes described in the Privacy Statement and accepts the use of its personal data in accordance with these Terms of Use.
9.5. As described in the INTUITU Privacy Statement, User can at any time delete its personal data from Service by sending such a deletion request to [email protected]. Deleting personal data will also immediately result in the termination of Service as described in section 8.2 of these Terms of Use.
10. DIRECT MARKETING
10.1. Nokian Tyres may send User communications messages regarding Service and, based on User's separate marketing consent, Nokian Tyres may send electronic marketing messages regarding other Services and products of Nokian Tyres and/or third parties, whose operations relate to Nokian Tyres’ operations.
10.2. User may always withdraw its consent for direct marketing in the Application or simply by clicking the unsubscribe link in the marketing messages or by contacting Nokian Tyres by email at the address of [email protected].
10.3. For clarity, User´s act of withdrawing its marketing consent does not affect Nokian Tyres ' right to keep sending User such other messages by email or by other mode of communication, which are necessary for managing or delivering Service.
11. CHANGES AND TRANSFERS OF RIGHTS
11.1. Nokian Tyres may unilaterally, and at its sole discretion, change these Terms of Use of Service by publishing the changed Terms of Use in the Application. It is User´s responsibility to check for any changes to the Terms of Use.
11.2. If User continues to use Service after they have been informed about changes in these Terms of Use or information on such changes has been published on the Application, this indicates that User accepts the changes of Terms of Use as such.
11.3. Nokian Tyres has the right to assign or transfer any and all rights arising out of the Service and these Terms of Use within the group of its affiliated companies and/or with third parties, entirely or in part, without User´s authorization.
11.4. Nokian Tyres is entitled to use, without any restrictions, sub-processors and third-party Service providers in the implementation and development of Service.
11.5. User shall not be entitled to transfer any of its user rights and/or obligations relating to Service, as set forth in these Terms of Use, to a third party without a prior written consent from Nokian Tyres.
12. APPLE SPECIFIC PROVISIONS
12.1. If User has downloaded the Application from the Apple Inc. (“Apple”) App Store or is using the Application on an iOS device, User acknowledges that they have read, understood, and agree to the following notice regarding Apple: These Terms of Use are between Nokian Tyres and User, not Apple. Nokian Tyres is solely responsible for the Application and any content produced on it. If there are any conflicts between these Terms of Use and the Apple Store Terms of Service, the Apple Store Terms of Service will apply. The licence granted to User is for use on Apple-branded products, owned or controlled by User. The Application may be used or accessed by other accounts associated with User via Family Sharing or volume purchasing. If User needs support with respect to the Application, User should contact Nokian Tyres ([email protected]) and not Apple, as Apple is under no obligation to help with any support or maintenance questions. In the event of any failure of the Application or Service to conform to any applicable warranty, User may notify Apple, and Apple will refund any purchase price that User may have paid for the Application to User: and User agrees that to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of Nokian Tyres. Apple is not responsible for addressing any claims by User or any third party relating to the Application, including (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Application infringes that third party’s intellectual property rights. User represents and warrants that (i) User 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) User is not listed on any U.S. Government list of prohibited or restricted parties. User must comply with applicable third party terms of agreement when using the Application. Apple, and Apple subsidiaries are third party beneficiaries of these Terms of Use, and upon User’s acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against User.
13. SEVARABILITY
13.1. These Terms of Use shall not limit the User’s rights under the applicable mandatory law.
13.2. If one or more provisions of these Terms of Use were to be declared null or void, the other provisions remain valid and enforceable.
14. APPLICABLE LAW AND COURT OF JURISDICTION
14.1. The laws of Finland, with the exclusion of any provisions regarding its choice of law, shall apply to these Terms of Use. Any disputes and/or claims arising out of Service shall be primarily resolved by amicable negotiations between User and/or Company and Nokian Tyres.
14.2. In case of dispute, controversies or claims between Nokian Tyres and any individual User alone without any involvement of a Company the User may represent, the dispute, controversy or claim arising out of or relating to the Service, or these Terms of Use, or the breach, termination or validity thereof, shall be settled by the district court of Pirkanmaa unless pursuant to mandatory applicable law any other court has jurisdiction over the dispute. In case of any involvement of a Company in a dispute, controversy or claim, the section 14.3. shall be applied as regards to resolving the dispute, controversy or claim between Nokian Tyres and the individual User, instead of applying this section 14.2.
14.3. In case of dispute, controversies or claims between Nokian Tyres on the one hand and a Company alone or together with the User representing the Company on the other hand, the dispute, controversy or claim arising out of or relating to the use of the Service, or these Terms of Use, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Tampere, Finland. The language of the arbitration shall be English unless otherwise agreed between the Parties.