Terms and conditions

PRIVACY POLICY

Your privacy is important to us, and we make it a priority to keep you informed on how we process your personal data. Personal Data is data that can be used to identify you or data that can otherwise be linked to you. We at Tellybean are engaged to process your Personal Data and other data relating to you reliably, securely, and in a transparent manner. In this Privacy Policy, we describe how we collect and process your Personal Data.
Tellybean Ltd, incorporated in Finland is the controller of your Personal Data, as detailed in this Privacy Policy. Should you have any questions relating to the processing of your Personal Data, or should you wish to use your rights as a data subject, please contact Tellybean’s Data Protection Officer at DPO@tellybean.com.

1. How we collect data
Tellybean must receive or collect some information to operate, provide, improve, understand, customize, support and market our Service.

 

Information you provide

Your account information: You must provide your mobile phone number to create a Tellybean account. To limit the amount of your Personal Data we store, we anonymize your phone number for the purposes of automatically collecting information on e.g. your calling activity (see more details below). You cannot use our Service AND choose not to provide us your phone number.

Your calls: Your calls are not recorded. In the majority of cases your calls happen over a peer-to-peer connection, which means that the call take place over the internet directly between your device and the device of the person you are calling. In such call, the call is set up using Tellybean’s system but call data is not transmitted through or processed by Tellybean’s servers. In some instances, based on Internet connection configuration (by you or or your Internet Service Provider) or network conditions, the call is relayed via the service of a third-party server. These calls are not recorded either. All Tellybean calls are encrypted end-to-end, which means that your calls are encrypted to protect against anyone listening in on them.

Your contacts: To use our Service we ask you to provide the Service access to your contacts. These contacts are not, however, uploaded to Tellybean and we do not save them.

Your camera and microphone: Our Service asks permission to access the camera and microphone of your device. Without the camera and microphone it would not be possible to make a video call. No video or audio from your camera and microphone is recorded or stored by our Service.

Customer support: You may provide us information by contacting us by e.g. phone or email or by answering surveys or questionnaires so that we can provide you with customer support and improve our Service.

Information collected automatically

To better be able to provide our Service, we automatically collect certain information on your activities in our Service. However, we do this on an anonymized basis which means that we cannot link this information to you as a person.

Activity and logs: We collect on an anonymized basis information about your activity in our Service (service-related, diagnostic and performance information). This includes information like when you registered to our Service, how often you use it, number of calls, call duration, quality of call, call problems, number of contacts, crashes and other performance information.

Device, network and location information: We collect on an anonymized basis information about your device and network. This includes information like device model, OS-version, app version, network provider, time zone, city, region, country.

Cookies: We may use cookies to operate and provide our Service and our website to improve our Service, to understand how our Service and website is used and to customize your experience.

Third party information
3rd party service providers: We work with 3rd party service providers to help us operate, provide, improve, understand, customize, support, and market our Service. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, help us understand how people use our Service, market our Service, conduct surveys and research for us. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix Service issues.

2. How we use your Personal Data

We use the collected information and your Personal Data to operate, provide, improve, understand, customize, support and market our Service. This includes:

Our Service: We use collected information, including your Personal Data, to operate and provide our Service, including providing customer support, and improving, fixing, and customizing our Service. We also use your information to respond to you when you contact us.

Security: We use your phone number to verify that it is you when you create a Tellybean account.

In-app messaging and push notifications: We use the information we have to let you know about Service updates and new features, as well as potential changes to our Terms of Service and Privacy Policy and other important updates. We may also allow e.g. our partners or third party advertisers to place ads in the Service targeting you based on e.g. your device information.

3. Information you and we share

You share your information as you use and communicate through our Service, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Service.

  • Send your information to your contacts: You share your information as you use and communicate through our Service.
  • Account information: After you have created a Tellybean account, all other Tellybean users, who have your phone number in their phone’s contacts will see you as a Tellybean contact who they can call. Just like anyone who has your phone number can call you. Tellybean does not share your phone number to others.
  • 3rd party service providers: We work with service providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party service providers, we require them to use your information on our behalf in accordance with our instructions and terms.
  • Direct marketing: We do not sell, rent, distribute, or otherwise make your Personal Data available to any third party for marketing purposes. We may, however, allow third parties, such as our partners, to market their services and products to you within our Service.

4. Legal basis for processing your data

When processing your Personal Data for the purposes described in this Privacy Policy, we process your data based on our legitimate interest in providing you with our Service. You creating a Tellybean account creates a legitimate interest for us to process your Personal Data for the purposes described herein.

5. Assignment, change of control and transfer

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

6. How long we store your data

Your Personal Data will be stored for the purposes mentioned above for as long as you have a Tellybean account or as may otherwise be required by law. When the processing of your Personal Data is no longer necessary for the purposes they were collected for, we will delete or anonymise the Personal Data relating to you in a secure manner.

7. Your rights and how to exercise them

If you have any questions or specific requests please contact Tellybean’s Data Protection Officer directly on DPO@tellybean.com or by mail to Data Protection Officer, Tellybean Ltd, c/o Cami Hongell, Solnantie 14A, 00330 Helsinki, Finland.

Specifically you have the following rights:

  • if you would like to stop receiving all marketing emails from us, please send an email to DPO@tellybean.com with the message header Unsubscribe
  • To perform a Subject Access Request, please send an email to DPO@tellybean.com with the message header Request Archive. Without undue delay we will send you a copy of all the Personal Data we currently possess on you.
  • To submit an erasure request, please send an email to DPO@tellybean.com with the message header Forget Me. Caution, this cannot be undone.
  • If you have a special request concerning your Personal Data, please send an email to the Data Protection Officer on DPO@tellybean.com

In addition, you have an express right to ask us not to send you marketing-related communications. Please note that if we restrict or delete your Personal Data, this may result in us not being able to provide to you information relevant to using our Service.

If you consider that your rights under the applicable data protection laws have been infringed, you may lodge a complaint with the competent supervisory authority, being the Tietosuojavirasto of Finland.

8. Updates

This Privacy Policy has been updated in May 2018. We reserve the right to amend this Privacy Policy from time to time to reflect changing legal requirements or our processing practices. We will keep you informed of such updates.

TERMS OF SERVICE

Tellybean Ltd (“Tellybean”) offers you (“you” or “your”) video call services through Tellybean’s software application (“Application”) or through Tellybean’s website www.tellybean.com (”Website”). Application and the Tellybean services offered to you through Application or Website and any part thereof are collectively referred to in these terms as the “Service”. This is a binding legal document between Tellybean and you and explains your rights and obligations as a user of the Service. By using the Service you acknowledge and agree to the terms of this license and the Tellybean Privacy Policy (collectively ”Terms”), which is incorporated herein by reference and can be found on the Website. If you choose not to agree with these Terms, you may not use the Service.

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.

1. Acceptance of the Terms

In order to download and/or use the Service you must first accept these Terms by clicking to accept or agree to the Terms in 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, (b) if you are under 16 years of age, or (c) if you are not of legal age or otherwise competent to form a binding agreement with Tellybean. If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.

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 highlighted in the Service and posted to the Website. Any changes and the new Terms will be effective after you have clicked to accept or agree to them. You might not be able to continue to the service unless you accept such changes and the new Terms.

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.

2. License

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.

3. Consent to Use of Data and Content of Communications

How Tellybean receives, collects and uses information about you from your use of the Service in general, including Personal Information, is more fully described in the Tellybean Privacy Policy (“Privacy Policy”). Privacy Policy as in force from time to time is available on the Website.

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.

4. Fees and Charges

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. By not agreeing to such fees and charges, you might no longer be able to access and use the Service or parts thereof.

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.

5. Termination

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.

6. Technical info, Updates, Technical Improvement and Maintenance

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.

7. Your Obligations

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.

8. Ownership Rights

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.

9. Exclusion of Warranties, Limitation of Liability and Indemnity

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.

10. Copyright infringement

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:

Tellybean Ltd
Copyright Infringement
c/o Cami Hongell
Solnantie 14A
00330 HELSINKI, Finland
Email: DPO@tellybean.com

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.

11. Miscellaneous

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.

These Terms (including the Privacy Policy) is the entire agreement between you and Tellybean relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these Terms. If any provision of thise Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Thise Terms may not be modified or amended except as described herein by Tellybean or otherwise with the written agreement of 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.