Terms of use of the app
These terms of use were prepared on 2 June 2022 and last updated on 15 April 2024.
App provider
The Q Experience app (the ‘App’) is provided and maintained by Nextfour Solutions (business ID: 2631013-8, address: Kaurakatu 48 B, FI-20740 Turku), hereinafter referred to as ‘Nextfour’, ‘we’ or ‘us.’
Terms of agreement and concluding the agreement
By using the App, you agree to the existing terms of use and undertake to comply with these as well as any instructions that may be provided separately in the App. From time to time, Nextfour may make changes to the terms of use. If you do not agree to the terms of use, you must discontinue using the App.
Data protection
By installing and using the App, you consent to our collection of the information you provide in it. All new App users log into the App by creating a new user ID. You must be at least 16 years old to create a user ID. Nextfour processes information in compliance with the existing legislation on personal data and the processing of such, as well as other applicable provisions in Finnish and European Union legislation concerning personal data protection.
These terms of use are accompanied by a privacy policy (Appendix 1) regarding Nextfour’s privacy notice; it shows how and where Nextfour uses personal data.
Information collected by the App:
· Name
· Password
· Geographical location
· Language
· Location data saved in the automatic logbook
· Analytics
· Data collected about or relating to your boat
· Data collected about or relating to the Q Experience product you are using
· Purchase history
We limit the sharing of your personal data so that it is processed only by personnel for whom this is necessary for the performance of their duties. We may share your information, for example, when processing fees, fulfilling an order, installing a product or providing customer service, installation services, marketing services, maintenance or repair services or other services similar to these.
All payments made in the Q Experience app are processed by Stripe. Stripe collects and processes your personal data according to their privacy policy https://stripe.com/en-fi/privacy.
By contacting q-support@nextfour.com, you can find out what personal data we have stored about you and where it originates.
Protection of personal data
The protection of personal data and the security level of its processing are achieved through some necessary, reasonable measures.
We value the personal data entrusted to us and are committed to processing it in a legal, transparent and secure manner. The general principles observed by Nextfour are as follows:
· lawfulness: we only collect personal data lawfully, appropriately and transparently;
· data minimisation: we only collect personal data that we absolutely need for the original intended purpose;
· limitation of intended purpose: we collect personal data only for certain specified and authorised purposes and do not process personal data in a manner incompatible with these purposes;
· data accuracy: we ensure that the personal data is accurate and up to date according to the information you provide;
· data protection: we use technical and organisational methods that ensure an appropriate level of data protection, taking the quality of the protected personal data and so on into account. These methods prevent the illegal publication or processing of information and its accidental or unauthorised destruction, loss, alteration or other unauthorised processing;
· data access and rectification: in this regard, we respect the rights granted to you by the data protection laws and regulations;
· limited retention: we retain personal data as required by the data protection laws and regulations. We do not retain this information for any longer than necessary for the purpose for which it was collected;
· the lawfulness of direct marketing, cookies: when we send marketing material or use cookies on user devices, we do so only in accordance with the existing legislation.
Location data
User location data is used by the App to display the services of providers near you. You can switch location data use on or off in your device settings.
Your boat’s automatic logbook records user-driven trip data that includes location data.
Availability and costs arising from the use of the App
From time to time, the App may be disabled, or its operation may also be temporarily impaired by errors, maintenance activities or things beyond our control. Nextfour gives no guarantee as to the quality, functionality, availability or performance of the App, or the content or services used through it. We reserve the right to change or withdraw all or any part of the App from your use, as well as your access to the App at any time without notice. You are responsible for any fees such as data charges that may be associated with your use of the App.
Responsibility for App content
We offer the App and its content without commitment and ‘as is.’ Nextfour is responsible for the lawfulness and compliance with good practice of any editorial and other content it creates, including the related copyright and other intellectual property rights. Nextfour does not control or moderate the content of the App, and it is not responsible for these; rather, each user is personally responsible for their use and is obliged to use the App according to the terms of use.
Nextfour does not guarantee or assume responsibility for the validity, reliability or completeness of the App or the content or service used through it. Nextfour is not responsible for any deficiency in the App or the content used through it and is not liable for any damage resulting from this.
Rights to the App and its content
All the intellectual property rights of the App and its content and software belong to Nextfour. The content of the App is protected by copyright, trademark rights and other intellectual property rights. Unless specified otherwise by Nextfour, you may install the App for personal, non-commercial use only, and you will not be transferred any other rights related to the App or its content. The App shall not be copied, edited, adapted, shared, published, sold, licensed or transferred in full or in part to any other person. The App must be used in accordance with the terms of use issued by the App Store where you purchased it.
Links to other websites
We have not checked or approved any third-party website associated with the App, and we are not responsible for the content of such in any way. The use of third-party websites and platforms is governed by their respective rules.
User material
We do not check your material in advance before publishing. You are fully responsible for all material you send or share through the App. Please use any community features responsibly. No material disseminated through the App by any single user represents the opinion of Nextfour or shows its agreement with the said user or its encouragement of activities promoted by the material.
Data security
The electronic online environment is not completely secure. You are responsible for the appropriate data security management of your data systems. You are also responsible for the procurement and working condition of the equipment and connections required to use the App and for ensuring they do not cause any harm, interference or damage to Nextfour or any third party. You undertake to immediately notify Nextfour if you suspect or detect any misuse of your username.
Liability for damage
You are liable to Nextfour for any direct damage resulting from use that is unlawful or contrary to these terms of use.
The responsibility of Nextfour is always limited to no more than the responsibility provided in the mandatory legislation.
Applicable law and place of jurisdiction
These terms of use are governed by Finnish law. In the event of a dispute that cannot be settled through negotiations, the dispute will be settled in the first instance by the Southwest Finland District Court.
Customers who act as consumers may also bring disputes before the district court of their place of residence or the Consumer Disputes Board for settlement.
Termination and severability
You may terminate the terms of use of the App by deleting the App or discontinuing its use. Any downloads made before the termination will be valid under the terms of the agreement existing at the time of the download. If any provision of these terms of use is found to be illegal or void, all the other provisions of the terms will remain in force.
Legal information
The privacy policy of Nextfour, which complies with and specifies the requirements of the existing Data Protection Act, is provided as an appendix to these terms of use. In the event of a conflict between this policy and the existing data protection legislation, the existing legislation will take precedence.
Nextfour may make changes to the privacy policy at any time. If so, we will notify you of the changes and ask you to read the latest version of this policy and confirm your acceptance of it. You can also check the privacy policy periodically for any changes that may occur.
Contact information
If you have any questions concerning the App, please contact us by emailing q-support@nextfour.com.