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Finnish Trust Network Terms of Service

These Criipto Finnish Trust Network Terms of Service (“E-ID Terms of Service”) govern the provision and use of Criipto’s Finnish identification services (“E-ID Services”) and are an addendum to Criipto’s general Terms of Service and the Agreement (as defined  hereunder).

Criipto and the Customer have concluded a Service Agreement that covers the provision of E-ID Services (“Agreement”).

1. Validity and Scope
  1. Criipto offers the E-ID Services as a registered broker in the Finnish Trust Network (”FTN”). To offer the identification services to customers, Criipto cooperates with Telia Finland Oyj (“Telia”) that operates as a separate registered broker in the FTN.
  2. The applicability of these E-ID Terms of Service is limited to the provision of the E-ID Services from Criipto to the Customer, and these E-ID Terms of Service and the terms and documents referred to herein shall exhaustively and expressly apply to the E-ID Services (and provision thereof). Thus, applicability of the contents of the Criipto’s general Terms of Service, as may be available on Criipto’s website from time to time, is expressly excluded with respect to the provision of the E-ID Services.
  3. The scope of the E-ID Services is defined in Criipto’s Agreement and Service Description.
2. Order of Precedence
  1. With regard to the provision of E-ID Services, the following order of precedence shall apply in case of conflict between different terms and documents, with the terms or documents with a lower number prevailing over the terms or document with a higher number:
  2. The terms and documents listed above form an integral and inseparable part of the Agreement.
3. The Services
  1. Criipto’s warranties, obligations, responsibilities, duties, tasks and liabilities regarding the E-ID Services shall be determined on, and be limited to those specified in the then-current Telia Terms and Telia Service Description, in addition to other applicable terms as specified in these E-ID Terms of Service (concerning the order of precedence stated above). In addition, Customer obligations, requirements and restrictions on the use of E-ID Services are set in the Telia Terms and Telia Service Description that the Customer must adhere to, in addition to other applicable terms. The Telia Terms and Telia Service Description can be found from Telia’s website Strong Authentication for Companies | ICT services for small to medium enterprises | Telia Business. Criipto’s Terms of Service, as may be available from time to time on Criipto’s website, do not apply to the provision of the E-ID Services unless otherwise agreed.
  2. Therefore, as regards the E-ID Services, the Telia Terms and the Telia Service Description shall be applied from applicable parts mutatis mutandis between Criipto and the Customer, meaning that the Customer shall be deemed as the Customer and Criipto shall be deemed as Telia, to the extent the context can reasonably and logically be so applied, when applying those Telia Terms and Telia Service Description. For the sake of clarity, references to agreement or Agreement in Telia Terms and Telia Service Description mean references to the Criipto Service Agreement (for the part the E-ID Services are provided under the Agreement), references to services in the Telia Terms and Telia Service Description, as applicable and reasonably apparent from the context, mean references to the E-ID Services, and reference to Parties or Party mean references to Criipto and the Customer either together or alone. For further clarity, descriptions of Telia’s own service or operation or of Telia’s other own operation or activities in the Telia Service Description do not apply in the contractual relationship between Criipto and the Customer (and are thus, inter alia, such are not applicable to the E-ID Services), as applicable and reasonably apparent from the context.
  3. Without otherwise affecting the applicability of the Telia Terms, Criipto can discontinue the provision of the E-ID Services or certain feature of it in accordance with Telia Terms Section 4.3, and Criipto will inform the Customer thereof in writing at least 50 days before the effective date of such discontinuation. If the Customer does not accept the possible replacement service as provided in the said Section 4.3, the Customer must inform Criipto of this within 10 days from receiving the notification on the discontinuation of the E-ID Services or certain feature of it, otherwise the Customer is deemed to have accepted the replacement service. In addition, in case Telia adds or removes identification devices and services from its service provision, or otherwise changes its service provision, Criipto is entitled to make corresponding changes to the E-ID Services and such changes take place simultaneously with Telia’s change within the E-ID Services without a separate notice (with Criipto notifying the Customer of such change without undue delay upon becoming aware of the change in Telia’s service provision). For clarity, this clause does not restrict Criipto’s right to make changes that affect the use and technology of the E-ID Services as provided in Section 4.1 of the Telia Terms.
  4. Without otherwise affecting the applicability of Telia Terms, Criipto shall inform Customer no later than 45 days before any change to customer identifiers takes place unless the change requires immediate action as provided in Telia Terms Section 10.3.
  5. For clarity, and without limiting the applicability of Telia Terms, Criipto shall be entitled to use any third-party as Criipto’s subcontractor (subcontractors possibly changing from time to time upon Criipto’s discretion) with regard to the E-ID Services provided under the Agreement or to fulfil its other obligations under the Agreement.
4. Service Availability

For clarity and if not otherwise agreed, as regards the E-ID Services, Criipto commits to the service availability and service level with regard to the E-ID Services (with all of the applicable exceptions and exclusions applying as provided in any applicable term) as provided in Section 1.5.1 of Telia Service Description.

5. Registration

To use the FTN services, the Customer will need to register as an FTN service provider by signing up for the FTN Service. This registration is done at Criipto's website.

During the registration process the Customer must provide:

- the name of the Customer’s company,

- the Customer’s EUVAT ID

- a statement stating whether the Customer’s company is a public or private entity.

Based on this, Criipto performs the KYC (know your customer) verification of the Customer.

6. Customer Requirements and Use Restrictions
  1. For clarity, and without limiting the applicability of any other Customer requirements, as regards the E-ID Services, it is of utmost importance that the Customer adheres to and complies with any and all customer technical requirements prescribed in Telia Service Description (see, in particular, Section 1.7 Subsection “Technical requirements for introduction”). The Customer must comply with OpenID Connect requirements but not with SAML requirements (to the extent requirements that relate only to SAML are referred to, these requirements do not need to be followed by the Customer). The Telia Service Description is available at Strong Authentication for Companies | ICT services for small to medium enterprises | Telia Business.
  2. Further, and without limiting the applicability of any other use requirements or use restrictions, it is of utmost importance that the Customer adheres to and complies with use requirements and restrictions set in Sections 6. and 7. of the Telia Terms and Section 1.2 of the Telia Service Description in the use of the E-ID Services (inter alia, and without limiting applicability of any other use requirement or restriction, the Customer may not use E-ID Services contrary to good practice and must follow all of the appliable rules for identification devices, and the E-ID Services are available only for customers within the EU). The Telia Terms and the Telia Service Description are available at Strong Authentication for Companies | ICT services for small to medium enterprises | Telia Business.
  3. For clarity, with respect to the Section 6.1 c) of the Telia Terms, the Customer shall ensure, among others, that Customer’s transaction services do not jeopardise Telia’s security, in addition to the security of the user using the Customer’s service, Criipto and the identification device provider, as provided in the said Section.
  4. To supplement the applicable use restrictions of E-ID Services, and without limiting the applicability of any Customer restrictions, the Customer will not (and shall ensure that any users of the E-ID Services or third parties do not): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the E-ID Services; (ii) modify, adapt, or translate the E-ID Services (unless as necessary for the performance of the E-ID Services in accordance with the Agreement; (iii) make any copies of any Criipto (or Criipto’s third-party service providers) intellectual property; (iv) remove or modify any proprietary marking or restrictive legends placed on the Criipto Management interface/UI; (v) use the E-ID Services in violation of any applicable laws or for any purpose not specifically permitted in the Agreement; or (vi) introduce into the E-ID Services any software, virus, worm, “back door,” trojan horse, or similarly harmful code. The Customer is allowed to monitor the usage of the E- ID Services (e.g. counting the volume usage of the E-ID Services).
  5. To supplement the applicable use restrictions of E-ID Services, and without limiting the applicability of any Customer restrictions, the Customer will provide a unique identifier for its account domain. The Customer may invite individuals, authorized and permitted by the Customer, to use the Services (“Authorized Users”) through the dashboard after login into the Customer’s account at the designated URL. The Customer will be responsible towards Criipto for any and all acts or omissions of the Authorized Users and must indemnify Criipto for all resulting losses. The Customer represents and warrants that all registration information provided by the Customer and by Authorized Users is truthful and accurate and that the Customer shall maintain and preserve the accuracy of such information. The Customer is solely responsible for the confidentiality of its user accounts, including accounts of Authorized Users and their end users, as well as for use and misuse. The Customer shall promptly inform Criipto of any need to deactivate any Authorized User.
7. Prices
  1. For clarity, Telia’s price list referred to in the Telia Terms (inter alia in Sections 8.1, 5.3 and 5.7 of Telia Terms) shall not apply as regards the E-ID Services and Criipto’s prices and price lists referred to in the Agreement shall apply.
  2. In case Criipto and the Customer has agreed on a subscription period, the prices for the E-ID Services shall automatically be adjusted with effect from each renewal of such subscription period to the applicable pricing at the time of renewal. Criipto can at any time adjust the prices or price lists or institute new or additional prices with the same notice as Criipto may terminate the E-ID Services pursuant to the Agreement or in any case with effect at the beginning of a new subscription period.
  3. Without otherwise affecting the applicability of the Telia Terms or limiting in any way Criipto’s right in accordance with the above Section 8.2, Criipto shall be entitled to make changes to the prices of the E-ID Services set out in the Agreement by notifying the Customer thereof in writing at least 50 days before the effective date of such changes. Where Criipto rises prices of the E-ID Services provided under the Agreement, the Customer shall be entitled to terminate the respective E-ID Services to end on the effective date of the rise by giving a notice of the termination 40 days before the new prices take effect and, in case terminated, such terminated E-ID Services shall be removed from the scope of the Agreement.
8. Maintenance Work

In addition to what has otherwise been agreed on maintenance work, the E-ID Service may be unavailable due to maintenance work carried out by Criipto or Telia during so-called maintenance windows. In such cases, Criipto shall notify the Customer of any such maintenance work carried out by Criipto or Telia without undue delay upon becoming aware of Telia’s maintenance work and as soon as possible of Criipto’s own maintenance work, and if possible (i.e., unless the maintenance work cannot be postponed due to the nature of the work, and provided Criipto is aware of the planned maintenance work) three (3) days before the planned maintenance measures. In case of such maintenance work, the E-ID Service may not be available and Criipto is not responsible for the availability of the E-ID Service during the maintenance work. Such maintenance work may be carried out without a prior notice on Mondays during 00:00-04:00 (which window Criipto may change by notifying the Customer at least three (3) days in advance). Criipto is not responsible for any third party or customer networks, or for faults that these may cause to Criipto’s E-ID Services. In case Criipto’s right to use the network used to provide E-ID Services or part of it to the Customer ends, Criipto may terminate the respective part of the E-ID services to end on the date the use right ends.

9. Customer Support and Communication
  1. Without otherwise limiting the applicability of Telia Terms and Telia Service Description, as regards to the E-ID Services, the Customer should use Criipto’s customer service in questions related to the provision of the E-ID Services, and in other communications to Criipto.
  2. For clarity, Telia’s customer service contacts cannot be used in questions related to Criipto’s E-ID Services.
  3. Criipto will use Customer’s contact details as notified in the Agreement or otherwise notified to Criipto, or other appropriate means in any and all communication with the Customer as regards the E-ID Services, in particular in connection with any communication referred to in any of the applicable terms (See e.g., 4.4, 4.7 of the Telia Terms and 1.6.1 of Telia Service Description). The Customer acknowledges that communication is not sent by Criipto, be it contractually required communication or other communication, via any Telia’s services or other channels referred to in the Telia Terms or the Telia Service Description. Criipto will mainly use email and Slack for communication with the Customer.
10. Disturbance reporting

In accordance with Section 1.8 of the Telia Service Description, the Customer must report Criipto of any information security threats and disturbances and data protection violations in their own transaction device, and for clarity, in Criipto’s E-ID Services.

11. Privacy
  1. Without otherwise limiting the applicability of Telia Terms and Telia Service Description, references to Telia’s privacy policies or Telia’s privacy statements in Telia Terms and Telia Service Description shall be replaced with references to Criipto’s privacy policy. (See inter alia Section 1.8 in Telia Service Description and Section 11.2 of Telia Terms).
  2. For clarity, and as set in Telia Terms, Criipto acts as an independent controller in case of transmitting user’s personal data (identification data). In addition to what has been stated in Telia Terms Section 11.3, for clarity, the Customer is responsible for informing the users of the disclosure of personal data from the identification device provider to Telia, in addition to Criipto and the Customer, when the identification event takes place, and an identification assignment is made.
  3. For clarity, and without limiting the applicability of other Customer requirements, it is of utmost importance that the Customer adheres to and complies with data protection related requirements specified in Section 1.8 of Telia Service Description and in Section 11 of the Telia Terms.
12. Liability
  1. Without otherwise affecting the applicability of Telia Terms, the limitations of liabilities prescribed in Section 14 of Telia Terms shall not limit, in any way, Customer’s liability towards Criipto.
  2. In case of any liability related to the E-ID Services and arising from a reason that relates to or is caused by a part of the E-ID Services that is not within Criipto’s control (and which part of the E-ID Services is provided by a third party or carried out by a third party), the maximum liability of Criipto towards the Customer under the Agreement for the same shall not exceed in any circumstances in aggregate the amount of compensation actually received by Criipto from the third party under the agreement between Criipto and such third party. In such cases, Criipto shall take all commercially reasonable actions to (i) make a claim for damages to such third party upon having received Customer's substantiated claim for damages, and (ii) diligently pursue such claim at the Customer’s cost and expense provided that Criipto has not breached the Agreement in any such manner that has directly impacted on the event giving rise to the claim.
  3. Without otherwise affecting the applicability of Telia Terms, the Customer may in writing, as regards the E-ID Services, requests damages, price reduction or liquidated damages (if applicable), no later than one 45 days after the delay, defect or damage has been discovered or should have been discovered.
  4. Without otherwise affecting Telia Terms applicability, with respect to in particular Sections 5.4 and 5.8 of Telia Terms, it is clarified that to the extent a defect related to the E-ID Services is not within the control of Criipto (and the defect relates to or is in a third-party-provided service, component or software), Criipto’s obligation to rectify the defect is limited to Criipto using commercially reasonably efforts to facilitate the rectification of the defection by contacting and cooperating with Criipto’s own cooperation partner or subcontractor (whose service the defect relates to) and requesting rectification of the defect in accordance with Criipto’s agreement with such cooperation partner or subcontractor.
  5. Without otherwise affecting Telia Terms applicability, with respect to Sections 13.2-13.8, to the extent a third party claim or legal action alleging that the E-ID Services infringe third party intellectual property rights relates to, derives from or concerns a part of the E-ID Services that is not within the control of Criipto (and the part of the E-ID Services is provided by a third party or relates to a service, software or component provided by a third party), Criipto’s full liability with regard to the alleged infringement of third party-party intellectual property rights is limited to Criipto using commercially reasonably efforts to provide information on the alleged infringement to the relevant third party (whose component, software or service the allegation relates to) and to cooperating with such relevant third party to facilitate the resolution of the situation, upon discretion of such relevant third party.
  6. For clarity, providers of identification devices are not to be considered Criipto’s subcontractors and they are not operating on Criipto’s behalf. Such providers are independent businesses providing identification services.
13. Specific Termination Terms
  1. Without otherwise limiting the applicability of Criipto Service Agreement or Telia Terms (from applicable parts), in case Telia terminates its contract with Criipto, or vice versa, for any reason whatsoever, Criipto is entitled to terminate the respective E-ID Services or the Agreement to end on the effective date of the termination of the contract between Criipto and Telia and, in case terminated, and if only part of E-ID Services were terminated, such terminated E-ID Services shall be removed from the scope of the Agreement.
  2. For clarity, in case Customer or Criipto exercises its any right (if any) to terminate or cancel agreement or remove services from the scope of the agreement by following terms in the Telia Terms or Telia Service Description, this termination shall not mean the termination of the Agreement and the termination is limited to the termination of the respective E-ID Services, meaning the removal of the respective E-ID Services from the scope of the Agreement. However, upon Criipto’s sole discretion, Criipto can expand such termination or cancellation to mean the termination or cancellation of the Agreement in its entirety, in accordance with the term provided in Telia Terms or Telia Service Description.

14. Intellectual Property Rights
In addition to what has been stated in Telia Terms Section 13.9, for clarity, Telia, in addition to Criipto, is entitled to publish Customer’s name in their communication concerning the service, identification device and trust network agreement for the specific identification device. In addition, Criipto is entitled to mention the Customer in its marketing material, both in writing and by use of the Customer’s logo.

15. Changes to the terms
  1. Criipto reserves the right to remove, replace, supplement or modify the applicable terms of service or service descriptions or other documents attached to the Agreement that apply to the provision of the E-ID Services (e.g., Telia Terms (as applied to these terms), Telia Service Description (as applied to these terms), Criipto Service Description or these E-ID Terms of Service). Criipto will notify the Customer of any such changes to the terms made by Criipto 21 days prior to the change entering into force. If the change is disadvantageous to the Customer, the Customer shall have the right to terminate the respective E-ID Services within 14 days of being notified of the change, and, in case terminated, such terminated E-ID Services shall be removed from the scope of the Agreement.
  2. In case the Telia Terms are modified, changed, or replaced (as Telia has the unilateral right to do so) during the subscription period of the Agreement, Criipto shall notify the Customer of any such modified, changed, or new terms and conditions at least 21 days prior to the entry into force of the changed term. In any such case, the applicable Telia Terms shall be automatically replaced by such modified, changed, or new terms and conditions that may be available on Telia’s website from time to time as of the respective effective dates. Without otherwise affecting the clause 20.2 of the Telia Terms, if the Telia Terms have been changed to the disadvantage of the Customer, then the Customer shall have the right to terminate the respective E-ID Services within 14 days of being notified of the change, and, in case terminated, such terminated E-ID Services shall be removed from the scope of the Agreement.
  3. In case Telia changes its Telia Service Description (as regards to a part of the Service Description that is deemed reasonably, based on the context, to apply), Criipto will inform the Customer 21 days prior to the entry into force of the change if the Telia Service Description has been changed substantially to the detriment of the Customer, in other cases, Criipto will inform the Customer of such change and its schedule without undue delay upon becoming aware of such change and its schedule (with such change potentially taking effect immediately). In any such case, the applicable Telia Service Description shall be automatically replaced by such modified, changed Telia Service Description that may be available on Telia’s website from time to time as of the respective effective dates.
  4. Should the Telia Terms and/or Telia Service Description become not publicly available, Criipto reserves the right to replace any term that may have been applicable from Telia Terms or Telia Service Description with Criipto’s own new terms or with relevant third-party terms (with relevant modifications), effective from the date of which the Telia Terms and/or Telia Service Description became not publicly available.
16. Miscellaneous
  1. For clarity, Sections 17 (Order of interpretation) and 19 (Applicable law and dispute resolution) of Telia Terms shall not apply.
  2. The validity, interpretation, and performance of the Agreement shall be controlled by and construed under the laws of Denmark. The United Nations Convention on the International Sale of Goods shall not apply. Except for proceedings commenced by Criipto to protect its Intellectual Property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any dispute arising out of or relating to the Agreement shall be referred to the Court of Copenhagen as first instance venue.
  3. In case it is not clear whether a term or requirement, obligation, description or any section or paragraph included in the Telia Terms or Telia Service Description applies, or it is not clear what is the content of the same or how it should be interpreted, the Customer must consult Criipto on the interpretation of the same, with Criipto having the right to unilaterally conclude on a reasonable and foreseeable interpretation of the same.