The end user of the Edulyzer service (hereinafter the ”User”) must read and accept these terms of use (hereinafter the ”Terms of Use”) in their entirety. User refers below to one of the following stakeholders of a school or educational organization (Client): Learner (pupil/student), Teacher, Guardian (guardian of the aforementioned pupil or student), Headmaster or Education Authority (local, national or international education authority).The Terms of Use form an agreement that the User and Edulyzer Oy responsible for providing the service (hereinafter ”Service Provider”) undertake to follow in the Client relationship. A separate Service Agreement is always formed between the Client and the Service Provider. Users always get access to the Edulyzer service based on the relevant Service Agreement.

Service Provider: Edulyzer Oy
Address: Mannerheiminaukio 1 /Spaces Postitalo, 00100 Helsinki
email: support@edulyzer.com
Homepage: www.edulyzer.com

Edulyzer Oy is registered in the trade register maintained by the Patent and Registration Office, business ID number 3259103-6.

1 General information about the use of the service

1.1 These Terms of Use apply to the use of the Edulyzer online service and/or application (hereinafter the ”Service”). If, however, a separate service contract has been concluded between the Client and the Service Provider or the User has accepted a separate offer made by the Service Provider, which contains terms different from these Terms of Use, the terms of the service contract or offer in question shall apply primarily. These Terms of Use then supplement what has been separately agreed upon.
1.2 The purpose of using the Service is to use the survey application to generate information for the various actors of the school community (students, teachers, principals, guardians, educational administration at different school levels and organizations) about the above-mentioned actors’ assessments of their and their organizations’ strengths and areas for development, as stated in the curriculum and the Education Act regarding the tasks of the education organizer and the goals and development of the learners. In the service, Users’ and User groups’ assessments of themselves, dependents and the organization are produced as reports and analyzes for both the Users themselves and the organizations they represent for the development of individuals and school communities.
1.3 The technical steps of concluding a contract are registering as a User and answering questions. The use of the Service is affected by the Role assigned to the User (mostly through a 3rd party system), which can only be changed with the Client’s consent. If the Client has incorrectly recorded User Roles in their own system or provide incorrect information about user data to the Service Provider, the Service Provider is not responsible for any related data protection violations.
1.4 The Service Provider does not view, edit or delete reports or analyzes in the Accounts without the separate authorization of the Client or User or the obligation set by law.
1.5 The data produced by the User is deleted from the Service Provider’s servers when the contract signed with the Client ends or the User herself/himself makes a request to delete the data. The service provider will not release any material in its possession that identifies the User to third parties without the User’s permission or an obligation set by law.
1.6 The User must not act in a way that results in the Service ceasing to function, being overloaded, damaged or deteriorating, or the use causing obvious harm to the Service Provider. The User must also not adversely affect another User’s use of the Service.
1.7 The service’s generally available questions, interpretations and instructions, as well as the calculation formulas and psychometrics of the reports and analyzes generated from the answers to the questions, and other content are protected by copyright. All rights are owned by the Service Provider. The User of the Service is granted a limited access right to the content of the Service against the fees according to the price list. Making the service’s questions, interpretations and instructions as well as the calculation formulas of the reports and analyzes generated from the answers to the questions and other content related to psychometrics available to the public on a large scale is strictly prohibited. Such prohibited activity is, for example, publishing content on websites, in a competing service or in another environment where several third parties have access to the content or its parts.

1.8 The User is responsible for acquiring the connections and devices required to use the Service, as well as the costs incurred for their functionality and proper protection.
1.9 In principle, the content of the service is in Finnish. The service provider may also offer the possibility to use material in other languages.
1.10 The user undertakes to comply with Finnish law and good practice in all use of the Service in addition to these Terms of Use.

2 Access rights and User data

2.1 Only a) an adult and otherwise full-fledged natural person whose possible role in the service is Learner, Teacher, Guardian, Headmaster, Educational Administration decision-maker or b) a natural person who is a minor as a Learner User, in which case the decision to join that person has been made by the Client, can register as a User in the service. A natural person means an individual.
A legal entity can be a company, association or foundation. Associations and foundations are equated with companies when these Terms of Use refer to companies.
2.2 When registering, the User must provide the required registration information (hereinafter ”User Information”), which can be used to recognise and identify the User, and select a password-protected user ID (”User ID”) to use the Service. Alternatively, the User can be created and registered through a third-party system/interface/API specified by the Client.
2.3 The personal data entered by the User when registering must be the User’s own and correct and up-to-date. The user is obliged to update the information when it changes.
2.4 Handing over your personal Username to another individual or company for the purpose of using the Service is prohibited.

3 Service data protection

3.1 The Service Provider keeps the information about the User and the reports and analyzes in the Account confidential with comprehensive information security measures and confidentiality agreements. Only the Service Provider’s own employees and those Service Provider’s partners who have an appropriate role in the maintenance and development of the Service have access to the material.
3.2 The service provider processes personal data in accordance with the principles set out in the Service’s privacy policy (hereinafter ”Privacy Policy”). The user accepts the principles. The Service’s most up-to-date Privacy Policy can be read in the Service at https://www.edulyzer.com/tietosuojaseloste/
3.3 Username and password are user-specific, and may not be given or disclosed to a third party or handled carelessly in such a way that someone other than the User can access the Account. If the password or User ID information comes to the knowledge of an outsider, the User must notify the Service Provider immediately.
3.4 The Client has the option to grant access to the Account to several individuals. The Client is responsible for ensuring that the persons to whom it has granted access to the Account properly secure their User Data.
3.5 For information security reasons, the Service Provider has the right at any time to require the User to change the password associated with the User ID.
3.6 The Service Provider does not review or monitor the contents of the User or the questions, reports or analyzes linked to the User, as stated in section 1.4. The User is therefore responsible for having the right to handle the application in the role assigned to him and to enter answers and other information and to examine the views assigned to him. The User is responsible for the obligations of the data protection legislation related to the data in question, excluding the protection methods to which the Service Provider is committed in accordance with the Data Protection Statement and Data Privacy Policy. The same rules also apply to other personal data that the User may enter into the Service.
3.7 The Client is the data controller for the personal data entered into its user management systems, and the Service Provider is the personal data processor acting on behalf of the Client. These Terms of Use together with the Privacy Policy form an agreement on the processing of personal data.
3.8 If the Client has to give his own documented instructions for the processing of the personal data he has entered, he must send the relevant instructions to the Service Provider well in advance of registration and agree separately on the methods of complying with the instructions.

4 Charges for using the Service

4.1 The Service includes both paid and free parts. The most up-to-date price list of the Service at any given time can be read in the Service at edulyzer.com/hinnoittelu (hereinafter ”Price List”).
4.2 Paid services are charged at the time of ordering and, in the case of recurring orders, at the time of renewal of the service contract, unless otherwise agreed. Subscriptions assigned to a specific access period are billed annually or monthly.
The annual charge is charged at the start of the access period, the monthly charge at the start of the calendar month between each access period. Unless otherwise agreed, the charge is annual.
4.3 If nothing else is agreed with the Client, the Service Provider has the right to choose an invoice as the payment method.
4.4 The Service Provider may offer a trial opportunity to use the survey application or another, as a rule, paid component of the Service free of charge or at a reduced price under the conditions specified in a separate offer. Unless otherwise stated in the offer, using the offer benefit more than once is prohibited.
4.5 The account directed at the Client has the right to use it for one year at a time, unless otherwise agreed. The right of use is automatically renewed after each right-of-use period for one year or any other separately agreed period, unless the Client terminates the Service or the Service Provider notifies otherwise before the end of the previous right-of-use period. The new usage period will be charged in accordance with the Terms of Use and the most up-to-date Price List. The notification of possible price list changes to the Client is described in section 6.2.
4.6 The service provider uses calendar month reconciliation in its invoicing. If the paid access period is started in the middle of a calendar month, the first calendar month will only be charged for the days when the selected paid access right has been valid, which is why the charges may differ slightly from what is stated in the Price List. The one-year access period is considered to be the days of the first calendar month in which the said access right has been valid, as well as the following 11 full calendar months. The right-of-use period is automatically renewed after that time as referred to in section 4.5.
4.7 If the Client does not pay for the ordered products or services on time, the Service Provider has the right to restrict the User’s access to the Service or block the User’s access to their Account.
4.8 Unless otherwise agreed, the right-of-use period is charged in full when it starts (the length of the right-of-use period is basically one year at a time). Deviating from this, the Client may be given the option of an installment arrangement, for example with monthly installments. However, if the Client fails to pay more than one installment on time and the delays are not minor, the Service Provider has the right to make all remaining installments due for immediate payment.
4.9 If the charges are made by invoice, a reasonable billing surcharge may be charged on the invoice. The invoice payment term is 14 days net.

5 Content of the service and maintenance

5.1 The service is basically available 24 hours a day. However, the Service Provider has the right to take the Service or part of it temporarily out of use due to maintenance, installation, modification work, excessive load on the system or other similar reasons without liability for damages.
5.2 The Service Provider endeavors, when it is reasonably possible, to inform the Client and the User in advance of interruptions in the Service that are relevant for the User to the email address or phone number indicated in the Client Information and/or via the Service.
5.3 The service provider is not responsible for damage caused by the fact that messages, alerts, communications, reports or analyzes sent from the Service do not reach the recipient, or that the information delivered differs in technical or cosmetic details from the information entered to a small extent. The Guidance given in the Service is not binding on the Service Provider or the User.
5.4 The service provider is not responsible for the legal capacity of other Users of the Service. The service provider also does not guarantee the identity of other users of the Service or the quality or other appropriateness of surveys or other content made by other users.
5.5 The content of the Service has been prepared on the basis of Finnish law and established custom, so that the User can evaluate his/her own competence, well-being or development by following the recommendations and instructions set out in the Service. However, the user is obliged to identify the special features of his own decision-making situations and the solutions best suited to them. The service provider is not responsible for any content produced by the User himself.
5.6 The service provider may offer instructions, guidance or advice in certain service packages. These functions are offered mechanically through mathematical models, learning algorithms or instant messaging. The purpose of the advice is to help the User in planning their own activities, to suggest alternative methods of operation and to help them understand the opportunities and risks associated with different alternatives.
5.7 The Service Provider is not obliged to compensate for damages caused by clearly incorrect instructions or advice presented in the Service or given individually by the Service Provider, as they are based on information provided by the User herself, the correctness of which cannot be guaranteed.
5.8 Minor technical changes to the questions, interpretations, instructions, reports and analyzes in the Accounts are permitted for reasons of usability or information security.

6 Validity of the terms of use and changes in the service and price list

6.1 The Terms of Use bind the Service Provider and the User from the moment the Service Provider grants the User access to the Service.
6.2 a) In principle, the User of a Client enjoying a paid access period has the right to use its tax and quality Service with charges according to the Price List as at the start of the last access period. The Service Provider has the right to make changes to the Price List and the possibilities of using the Service even during the access period without affecting the other conditions of the Client relationship, provided that the changes are not large or clearly unreasonable from the Client’s point of view. Significant price list changes affecting the User or changes related to the possibilities of using the Service must be notified to the Client at the e-mail address or phone number specified in this Client Information no later than four (4) weeks before the changes take effect, unless the changes are clearly in the User’s favor. The Client informs the Users about these changes in the way they see fit. The Service Provider informs Users about changes in the application and/or on its website.
b) The Client enjoying the free access period and the Users connected to him/her do not have the right to any set pricing or certain features of the Service.
c) The Service Provider has the right, for a justified reason, to make major changes to the Price List and to the possibilities of using the Service even while the license period is in effect, but the Client has the right to terminate his membership and to have the part of the fees charged to him that are applied to the remainder of his valid license period after the changes have been made, provided that the changes have his Significant impact on the use of the service.
6.3 The version of these Terms of Use that was most up-to-date and available in the Service when the User’s latest access period started applies to the User enjoying a paid access period. When the license period is renewed, the User is deemed to accept the most up-to-date Terms of Use, unless the Service is terminated or the Service Provider announces otherwise. The User enjoying the free access period is always subject to the most up-to-date Terms of Use available in the Service, which the User accepts, unless he/she terminates the Service. However, the Service Provider does not have the right to change the Terms of Use in a way that would enable measures to be taken without observing the protection periods set in section 6.2 for the benefit of the User.
6.4 The Service Provider has the right to cancel or deny the right to use the Service and membership from a Client or User who has not complied with these Terms of Use in the Client relationship.
6.5 The Terms of Use cease to bind the User and the Service Provider at the end of the User’s right of use period, with the exception of those obligations that arose before that time.
6.6 The Service Provider and the User are released from their obligations according to the Terms of Use for the time and to the extent that the non-fulfillment of the contractual obligations is due to a force majeure. Such an event is, for example, war, general traffic interruption, interruption or disruption of energy distribution, large-scale labor dispute, fire, exceptional natural phenomenon or other similar and unusual cause independent of the User or Service Provider.
6.7 If any section of these Terms of Use is now or at a later stage illegal or otherwise invalid or unenforceable, it will not affect the validity of the other sections and the applicability to the use of the Service.

7 Other conditions

7.1 Finnish law applies to the terms of use. All disputes, disagreements and claims concerning them will primarily be resolved through mutual negotiations between the parties. If the parties are unable to find a solution in mutual negotiations, the disputes will be resolved in the Helsinki District Court.

7.2 The Service Provider has the right to transfer, without the User’s separate approval, the rights and obligations assigned to it in these Terms of Use to a third party so that the new Service Provider becomes an entity other than Edulyzer Oy. Such a situation can be at hand, for example, in a situation where the Service or its part is transferred by trade to another trader.