2. Data Controller and Contact information
Data Controller is Tellybean Ltd (Business Identity Code: 2403779-9), Lämmittäjänkatu 4 B, 00880 HELSINKI, Finland.
3. Name of the register
Tellybean’s customer and user register.
4. Purpose of Processing Personal Information
The purpose of Tellybean’s processing of Personal Information is to:
provide the Service to the user;
ensure an efficient and secure use of the Service;
provide customized Service and other content recognizing user specific needs and interests;
improve, develop and analyze our Service and other Tellybean’s business activities;
manage customer relations, as well as to provide good customer service; and
conduct research and collect statistics (e.g. what sections of the Website/Application the users visit, how much the users use the Service and how much time time they spend on the Website, Application or use the Service);
The Personal Information may also be used for direct marketing purposes, market research and to fulfil the requirements based on legislation and authority regulations.
Tellybean will store users Personal Information only for as long as is necessary in order to fulfil the purposes set out in this section and/or in accordance with the applicable legislation.
5. Data Subjects
Tellybean collects Personal Information and Identification Information on persons who use the Service or if the collection of Personal Information and/or Identification Information derives from a legal obligation. Most of the Personal Information is collected from the data subjects themselves when the user downloads and/or installs the Application or uses the Service and/or when the user creates a user account. Updates to the Personal Information may also be received from authorities, organizations, companies offering updating services, public directories and other public sources of information.
Calls by users through the Service are transmitted either directly from user to user or, if direct transmission is not possible (due to, for example firewall restrictions), Tellybean servers are used to transmit the call. In the latter scenario, the information is transmitted encrypted and is stored briefly in volatile memory solely to enable the transmission of the call to the other user. TELLYBEAN DOES NOT RECORD ANY PART OF YOUR CALL.
6. Information Tellybean Collects
Personal Data That You Provide:
When you register a user account, Tellybean collects Personal Information, such as your name, picture URL and email address. You may also ask us to import data from third party services such as your email contacts. We also collect Personal Information you voluntarily provide such as customer support inquiries and survey responses.
Tellybean also collects user and account information, such as the register date, time and information, account type, platform id, user name, Services that you have ordered, your user status and possible billing information that you have provided to Tellybean (if any).
Usage and other Non-Identifiable Data:
When you use the Tellybean Service, Tellybean receives and stores certain personally non-identifiable information, such as the total number of visitors to our Website, the number of visitors to each page of our Website, device and browser information as well as Service usage data. We cannot currently use this information to identify you. It is important to note that no Personal Information is available or used in this process.
Aggregated Personal Information and other Information:
In an ongoing effort to better understand and serve our users, Tellybean conducts research on user demographics, interests and behavior based on the Personal Information and other information provided to us. Tellybean compiles and analyzes this research on an aggregate basis, and may share this aggregate data with partners of Tellybean. This aggregate information does not identify you personally. Tellybean may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Tellybean also collects call information in order to better understand network behavior and trends (numbers of calls made by users, typical destinations, call lengths, network type, etc.), detect potential outages and technical issues. All log analysis is done in an anonymous, aggregate, non-personally identifiable manner.
7. Use of Identification Information
Tellybean may also process Identification Information for the following purposes and on following conditions:
Tellybean may process Identification Information to the extent it is necessary for billing purposes. In such event, Tellybean will inform the user what Identification Information it will process and how long the processing will last.
Tellybean may process Identification Information for the purposes of technical development of the Service. In such event, and prior to the start of the processing the Identification Information, Tellybean will inform the user what Identification Information it will process.
Tellybean may process Identification Information for the purposes of statistical analysis if 1) the analysis cannot be made by any other means without undue difficulty; and 2) no individual natural person can be identified in the analysis.
Tellybean may process Identification Information for detecting, preventing or investigating any nonpaying use of fee-based services or similar cases of misuse.
Tellybean may process Identification Information if it is necessary for the purpose of detecting, preventing or investigating a technical fault or error in the transmission of communications.
8. Regular Destinations of Disclosed Data and the Transfer of Personal Information to Countries outside of the European Union or the European Economic Area
Tellybean may disclose the Personal Information within the limits of the applicable legislation. Personal Information may be disclosed to co-operation partners chosen by Tellybean for their marketing purposes, unless the data subject prohibits such disclosure of his/her data. The recipients of such Personal Information are not allowed to disclose Personal Information further.
Identification Information may only be disclosed to those parties entitled to process it in the given situation.
The confidentiality of the Personal Information or Identification Information may be broken when required by law or statute, or by ruling of authority.
Due to the technical and practical requirements some of the Personal Information or Identification Information may be processed by subcontractors located outside the European Union or European Economic Area or at the subcontractors’ servers outside the European Union or European Economic Area. If any Personal Data is transferred outside the EU or EEA, Tellybean will ensure that the country to which the Personal Data is transferred is approved as having a sufficient level of privacy protection by the European Commission, or by using standard contractual model clauses approved by the European Commission.
9. The Principles of Securing the Data Register
Tellybean uses technical and organizational measures to protect Personal Information and Identification Information against unauthorized access, transfer, deletion or other handling that may compromise information security. Such methods include the use of firewalls, encryption technologies and safe server rooms, proper access control systems, the controlled provision of user rights and supervision of their use, providing instructions for data processors, and the thorough selection of competent subcontractors who comply with industry standards for information security management.
Only appointed personnel of Tellybean and of companies operating by Tellybean’s assignment or on behalf of Tellybean are entitled to use Personal Information and Identification Information. All persons processing the Personal Information and/or Identification Information have a personal right of use granted by Tellybean.
10. Right of access, correction and prohibition
You may at any time contact Tellybean to check that the Personal Information related to you is accurate. Upon your request, Tellybean will modify, remove or supplement any incorrect, unnecessary, incomplete or outdated Personal Information.
The request to must be made in writing to Tellybean and it must be signed. The request for right of access can also be presented in person in the main office of Tellybean at the address Lämmittäjänkatu 4 B, 00880 HELSINKI, Finland.
The user has the right to prohibit Tellybean from processing his/her Personal Information or Identification Information for purposes of direct advertising, distance selling, other direct marketing and market research and opinion polls.
If you no longer wish to receive e-mail communication from Tellybean, such as offers, updates and newsletters, you may opt-out of receiving such communications by following the instructions included in each newsletter or communication.
11. Cookies, Clear GIFs and Other Automatically Collected Data
Tellybean may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Website and/or in our communications with you to enable us to evaluate Website usage information about visitors to the Website, target campaigns, upgrade visitor information, and know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message. A clear gif may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
12. Third-Party Sites and Privacy Practices
13. Analytics Collection
Tellybean may use website analytics, such as Adobe Analytics and Google Analytics to gather anonymous statistics about the users of the Website with the aim to improve the Website. If Tellybean uses such analytics, Tellybean will provide the user an opt-out function to indicate that you do not want Tellybean to track your visits to Website or use of the Application.
14. Children’s Privacy
The Tellybean Website, Application and Service are not intended for or designed to attract anyone under the age of 13 and we do not intentionally or knowingly collect Personal Information on our sites from anyone under the age of 13 (or older in some jurisdictions). We encourage parents to be involved in the online activities of their children to ensure that no information is collected from a child without parental permission.
15. Changes to Policy
16. Governing Law
NO ACCESS TO EMERGENCY SERVICES: The Tellybean Service is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Service. It is your responsibility to ensure that you are legally allowed to use the Service where you are located.
NO OWNERSHIP OF NUMBERS: If Tellybean allocates to you a number or other identifier (“Number”) to be used in connection with the Service, you do not own the Number or have a right to retain that Number forever. Tellybean will have right to change or withdraw the Number allocated to you from time to time. You will have no right to transfer or attempt to transfer your Number to anyone else.
In order to download and/or use the Service you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Service.
You cannot accept these Terms if: (a) you are not lawfully entitled to use the Service in the country in which you are located or reside or (b) if you are not of legal age or otherwise competent to form a binding agreement with Tellybean.
These Terms will remain effective from the date of acceptance until terminated by you or Tellybean in accordance with these Terms. Tellybean shall have the right to change or modify these Terms from time to time. If Tellybean decides to do so, the changes and new Terms will be posted to the Website. Any changes and the new Terms will be effective after they are posted to the Website. By continuing to use the Service after any changes, you are accepting such changes and the new Terms. If you do not agree to the Terms, please discontinue use of the Service and uninstall the Application.
These Terms will govern any and all upgrades or modifications to the Service, unless such upgrade or modification is accompanied by a separate terms and conditions in which case those terms and conditions will govern.
In some countries the Service may be provided to you partially or in whole by Tellybean’s local partner. If so, that local partner may ask you to accept its own terms of service (“Local Terms”). If there is any inconsistency between those Local Terms and these Terms, then the Local Terms shall govern to the extent of that inconsistency.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the Service. The Service is for your individual use. You shall not resell or commercialise the Service to any third party.
You may not distribute or make the Service available over a network. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or Website, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Service or Website, if any). In addition, any commercial copying or distribution, publication or exploitation of the Service, or any content, software, code, data or materials on or from the Website, are strictly prohibited unless you have received express prior written permission from Tellybean or the applicable rights holder.
You may link to the Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage Tellybean’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Tellybean where none exists. You may not frame the Website on any other site. Tellybean may revoke the permission to link to the Website at any time at its sole discretion.
Tellybean reserves all rights not expressly granted to you.
By using the Service, you understand and agree that Tellybean may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service.
You understand that anyone with knowledge of your Number may be able to call you through the Service.
You are solely responsible for your actions on the Service and for anything you stream or transmit through the Service. By using the Service, you grant Tellybean an intellectual property license to use any content to provide the Service, for example in some events to transmit your communication to the intended recipient. You are responsible for safeguarding Number and any passwords that you use to access the Service or Website and you agree not to disclose your password to any third party. You are responsible for any activity using your account relating to the Service or Website (if any), whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account or the Service.
You understand and acknowledge that Tellybean is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service, including but not limited to any media or other content that is shared through any feature of the Service. Tellybean is not responsible for the accuracy, completeness, appropriateness, security or legality of any content you may be able to access using the Service. In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit or use the Service in any unauthorized or unlawful way whatsoever, including but not limited to, trespassing or burdening network capacity.
Service or Website may include hyperlinks to other third party websites. Tellybean is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
The Service is currently free to use but Tellybean reserves the right to add fees or other charges for the Service or any parts thereof at any time. Tellybean may also offer you additional features of the Service for a fee or charge. If Tellybean decides to add fees or other charges to the Service, Tellybean will inform you prior such fees or charges become effective. If you do not agree to the fees and charges, you must discontinue the use of the Service and uninstall the Application.
Tellybean reserves right to sell or feature advertising and other commercial or sponsored content within the Service. Tellybean may specifically target advertising to you that Tellybean believes to be more relevant to you, based on your Service usage. You consent to receive any such advertising or promotion by using the Service.
You may terminate your relationship with Tellybean at any time. Tellybean has the right to terminate your relationship with Tellybean and your rights under these Terms without notice if you fail to comply with any terms or conditions of the Terms. You must cease all use of the Service upon termination.
Tellybean shall have the right to stop, disable access to, suspend, update or modify the Service at any time without any prior notice or impose limits on the use of or access to Service without notice or liability. You will not be entitled to claim any damages or other compensation for such stop, suspension or other limitation of the use of Service.
In addition, Tellybean has the right to terminate its relationship with you and your rights under these Terms, or may terminate or suspend your use of the Service at any time: (a) if you are in breach of the terms of this License; (b) if Tellybean reasonably suspects that you are using the Service to break the law or infringe third party rights; (c) if Tellybean reasonably suspects that you are trying to unfairly exploit or misuse any of our policies; (d) if Tellybean reasonably suspects that you are using Service fraudulently or that the Service is being used by a third party fraudulently; (e) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Tellybean’s partners; (f) you have been inactive for using the Service for more than six (6) months; or (g) if you don’t agree with changes or amendments to these Terms.
You will not be entitled to claim any damages or other compensation upon termination.
Tellybean makes no representation that Service is available for use in any particular location. Tellybean cannot guarantee that the Service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Tellybean takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which Tellybean has no control.
Tellybean may automatically check your version of the Application. Tellybean may also automatically download configuration changes and updates to the Application from time to time. You may be required to update the Application in order to continue using Service. Tellybean is not obligated to make any updates available and does not guarantee that it will continue to support any versions or any operating systems or devices or that Service will be compatible to be used with all other end users.
You must use the Service in accordance with the laws of where you are located. In some countries there may be restrictions on the download and/or use of the Service. It is your responsibility to ensure that you are legally allowed to use the Service in the country where you are located. The Application may also be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Application as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
You may not: (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service or Website or communication or protocols; (c) send unsolicited communications or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity; (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) collect or harvest any personally identifiable information, including account names, from the Service; or (f) impact or attempt to impact the availability of the Service or Website, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
You may not use the Service or Website to stream or otherwise transmit or submit content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (b) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) poses or creates a privacy or security risk to any person; or (d) infringes any intellectual property or other proprietary rights of any party.
You are solely responsible for acquiring all equipment required to use the Service, including but not limited to Internet access and devices that enable communications such as headsets, microphones and webcams, and all the costs relating thereto. Service may use the processing capabilities, memory and internet connection of the device you are using. If your use of the Service is dependent upon the use of a device internet connection owned or controlled by a third party, you acknowledge and agree that your licence to use the Service is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
Using the Service on mobile devices (if available) will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
The Service, including the Website and Application (including any content or information contained therein) and all copies thereof, are protected by copyright and other intellectual property laws and treaties. Tellybean or its licensors own the title, copyright, and other intellectual property rights in the Website, Application and the Service and all copies, modifications and derivative works thereof, and the underlying software (including any user feedback) (“Tellybean’s Rights”), and your use of our Service or Website does not grant to you, nor do you acquire any ownership rights in the Tellybean’s Rights.
The Name “Tellybean”, associated trademarks and logos are the property and/or trademarks of Tellybean. Tellybean’s name, trademarks, logos and trade dress may not be used in connection with any product or service that is not Tellybean’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Tellybean. All other trademarks not owned by Tellybean or any of its related companies that appear on the Service are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Tellybean’s intellectual property (in whole or part) or that is confusingly similar thereto.
For the purposes of this paragraph 9, “Tellybean” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
SERVICE IS PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; TELLYBEAN DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO SERVICE INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. TELLYBEAN FURTHER DOES NOT REPRESENT OR WARRANT THAT SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES TELLYBEAN WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TELLYBEAN SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT SHALL TELLYBEAN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TELLYBEAN’S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR SERVICE IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM
If any third party brings a claim against Tellybean in connection with, or arising out of (a) your breach of these Terms; (b) your breach of any applicable law of regulation; (c) your infringement or violation of the rights of any third parties (including intellectual property rights); or (d) your submissions to the Service, you will indemnify and hold Tellybean harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Tellybean respects the intellectual property of others, and we require you to do the same. Tellybean contractually prohibits you from providing any content that infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) to the Service or Website. You may not stream, post, upload, display, submit, modify, distribute, or reproduce in any way any material that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Tellybean reserves the right, in its discretion, to remove any content and other material streamed, submitted or otherwise made available by you or other users to or through the Service or Website if Tellybean believes that it may infringe the copyright of any third party, and/or to terminate the relationship with users believed to be infringers.
Tellybean operates on a “notice and takedown” basis. If you are a copyright owner and believe that any content or other material on the Service or Website infringes your copyrights, you may submit a notification in accordance with the chapter 22 section 191 of the Finnish Information Society Code (917/2014, as amended)
The notification must include the following information:
(a) name, address, telephone number, email address and other contact information of the notifying party;
(b) an itemisation of the material, for which prevention of access is requested, and details of the location of the material;
(c) confirmation by the notifying party that the material which the request concerns is, in his/her sincere opinion, illegally accessible in the communication network;
(d) information concerning the fact that the notifying party has in vain submitted his/her request to the content producer or that the content producer could not be identified;
(e) confirmation by the notifying party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right; and
(f) signature by the notifying party.
Any notification failing to comply with the requirements listed above is ineffective.
Please send the notice to the following address:
Lämmittäjänkatu 4 B
00880 HELSINKI, Finland
Tellybean will process and investigate valid notices of alleged infringement and will take appropriate actions under the Finnish laws. Tellybean reserves the right to refuse, disable, or delete the content or other material submitted by the user and to terminate relationship with such user.
Tellybean will notify the respective user of prevention of access to the content or material supplied by him/her and supplies the content producer with a copy of the notification on the basis of which prevention was made.
If you are the respective content producer and you consider that prevention is groundless, you may get the material returned by delivering to the notifying party a plea in writing or electronically in accordance with the chapter 22 section 192 of the of the Finnish Information Society Code within 14 days of receiving the notification. A copy of the plea must be delivered to Tellybean.
The plea must include:
(a) the name, address, telephone number, email address and other contact information of the content producer;
(b) the facts and other reasons under which prevention is considered groundless;
(c) an itemisation of the material for which prevention is considered groundless; and
(d) signature by the content producer.
Anyone providing incorrect information in the aforementioned notification or plea shall be liable to compensation for damages as set forth in the Chapter 22 Section 194 of the Finnish Information Society Code or other applicable legislation.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Tellybean.
The failure by Tellybean to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Tellybean’s right or remedy. If Tellybean waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
This paragraph 11, along with paragraphs, 8 and 9 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
These Terms shall be governed by and interpreted in accordance with the laws of Finland, excluding its conflicts of law rules, and shall be subject to the exclusive jurisdiction of the courts of Finland.