Effective date: 19 March 2020
These HMD Global Service Terms together with the Privacy Policy and all other additional terms and information that may be provided within the Service (collectively “Terms”) govern your use of the service, site, content and software (collectively the "Service"). By registering for or using the Service or any portion of it you unconditionally accept these Terms. If you do not agree to be bound by these Terms, you may not use the Service.
The Terms constitute an agreement between you and HMD Global Oy, Bertel Jungin aukio 9, 02600 Espoo, Finland including its subsidiaries, suppliers and successors (collectively “HMD Global”), defining your and HMD Global’s rights and responsibilities with respect to the Service.
To use the Service, you must be at least sixteen (16) years of age. If you are under sixteen (16) years of age, or at least sixteen (16) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.
To use a Service you may need to register and create an HMD Account with username and a password that may be subject to separate terms. You may need to provide us with certain personal and other information. HMD Global may verify your email address before your HMD Account can be used. Upon first use of your device and each time you update the Nokia device software, a text message will be sent to HMD Global. The creation of an HMD Account will require data transmission. Data transmission costs may apply.
You agree to provide truthful, correct and complete information when you register for the Service and to keep that information continuously updated. You must take due care to protect your username and password against misuse by others and promptly notify HMD Global about any misuse. HMD Global shall not be responsible for any damages or losses incurred by you in case a third party obtains access to your email account and obtains your HMD Account information or other personal information. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. HMD Global may immediately terminate or restrict your HMD Account or your access to certain parts of the Service without notice if HMD Global reasonably believes that you or someone else using your HMD Account breaches the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months. In all cases, you will remain responsible for paying any charges for the Services which are due at the time of termination.
Except as set forth in the Privacy Policy, HMD Global is not responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or HMD Global, traces or copies may still remain elsewhere.
Subject to these Terms, HMD Global grants you a personal, non-exclusive, non-sublicensable, non-transferable license, revocable at any time at HMD Global’s sole discretion, to access and use the Service. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, HMD Global may provide you with content developed by HMD Global or its licensors (“Content”). HMD Global grants you a personal, non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may be available only to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content that are expressly granted here.
HMD Global may provide you with certain software developed by HMD Global, or its licensors (“Software”) as part of the Service. Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: HMD Global grants to you a limited, personal, non-exclusive, non-sublicensable, nontransferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply. Your use of the Software indicates your acceptance of any applicable terms and conditions.
The Software may be subject to export controls under the US Export Administration Regulations and other import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, reexport, transfer, or import such Software.
You may be able to submit information or content (“Material”) to the Service. HMD Global does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to HMD Global. HMD Global is transmitting only the Material and is not responsible for editorial control over it. By submitting Material to the Service, you grant HMD Global a worldwide, nonexclusive, sublicensable, assignable, fully paid-up, royalty-free, perpetual, and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and grant similar sublicenses to the extent necessary for HMD Global to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data that you store on the Service, including Content you upload. If the Service is discontinued or canceled, HMD Global may permanently delete your data. HMD Global has no obligation to return data to you after the Service is discontinued or canceled.
You agree to:
HMD Global may but has no obligation to:
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’.
HMD Global shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
You agree:
The Content is owned and/or controlled by HMD Global and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, HMD Global may enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. HMD Global may be acting as an agent for third party Content provider in providing the Content to you. HMD Global is not a party to the transaction between you and the third party Content provider for such Content.
HMD Global respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
HMD Global uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, HMD Global may also disable or terminate accounts of users of HMD Global services who may be repeat infringers.
HMD Global may post notices within the Service. HMD Global may also send you notices about products and services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from HMD Global sending or posting those. Your continued use of the Service constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to fees and taxes.
Any fees charged by HMD Global will be announced separately in connection with the relevant Service. The fees charged by HMD Global may include taxes (such as value added tax, goods and services tax, or sales tax), if applicable and in effect at the moment of the transaction under the relevant tax laws. You agree to pay HMD Global for the fees that are reflected in connection with the relevant Service. Any such fees may be changed by HMD Global from time to time without providing notice to you. For Services that require pre-payment, you agree to pre-pay for the Service by debiting your credit card the selected amount.
In the event your payment information changes, you shall notify HMD Global of any such changes, including but not limited to the expiration date of your credit card. HMD Global may retain any payment information you provide to HMD Global and may charge any unpaid amounts to you.
If your HMD Account is suspended, restricted, or canceled, you are responsible for any charges that accrue through the date that HMD Global fully processes the suspension, restriction or cancellation. To the extent permitted by applicable law, you shall reimburse HMD Global for any reasonable costs incurred, including attorneys' fees, to collect fees owed by you to HMD Global. If the you have failed to pay any fees due, HMD Global may require that you pay a deposit and/or a fee to restore the Service(s).
YOU WILL PAY FOR ANY SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORISED SUCH USE. HMD GLOBAL SHALL NOT BE HELD RESPONSIBLE FOR ANY CHARGES RESULTING FROM THEFT OR FRAUDULENT USE OF YOUR MEANS OF PAYMENT. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR THE SAFETY AND SECURITY OF YOUR DEVICE WHICH YOU USE TO RECEIVE THE SERVICES AND THAT HMD GLOBAL SHALL NOT BE LIABLE FOR ANY UNAUTHORISED USE OF THE SERVICE(S) THROUGH YOUR DEVICE.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed.
HMD Global assumes no responsibility for the payment of bank or any other third party service fees or charges of your service providers.
"Order" shall mean the selection of payable Content and/or subscription to Content offered by HMD Global and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence or majority according to the applicable legislation. If you have not reached the age of legal competence or majority, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by HMD Global.
Depending on the Service, you may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. HMD Global will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorisation by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorise the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform HMD Global within 48 hours that (a) the Content you have ordered is faulty; (b) the Content HMD Global delivers to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by HMD Global.
In some countries, there is mandatory consumer protection legislation where you may, as a consumer, withdraw an offer to enter into a contract with a service provider at any time during a certain time period (“Cooling Off Period”) after your order. To the maximum extent permitted by law, you agree that HMD Global may begin the provision of the Services immediately and you acknowledge and agree that you lose your right to such Cooling Off Period by requesting immediate performance of the Service.
Otherwise, no refunds are available for Services. If you encounter any of the above issues, please contact HMD Global Customer Care.
Please note that HMD Global Customer Care may not be able to process your customer support request if you are unable to provide your transaction ID, which is provided to you by HMD Global following your Order from the Service. HMD Global may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.
By submitting any ideas, feedback and/or proposals ("Feedback") to HMD Global through the Service or other means, you acknowledge and agree that: (1) HMD Global may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) HMD Global is not under any obligation of confidentiality with respect to the Feedback; (4) HMD Global may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from HMD Global.
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features, you agree that HMD Global may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorisation or encourages users to piracy. Any interaction does not involve HMD Global and is solely between you and the other user(s).
The availability of Content and the Service may vary and is subject to HMD Global’s sole discretion. HMD Global expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by HMD Global or by another party.
HMD Global may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest device software and applications, your device may automatically check for the availability of software updates from HMD Global. If any are detected, you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If HMD Global considers a Software update to be important or critical you may not continue using the previous version of the Software. HMD Global may prevent your use of the previous version of the Software or Service until you install the update.
HMD Global may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. HMD Global may significantly change any version of Service or Software or decide not to release a final version.
HMD Global may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
HMD Global has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that HMD Global endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. HMD Global is not responsible for this type of content or links.
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
The Privacy Policy and any additional privacy information made available to you govern the use of your personal data. HMD Global may take action to prevent information security violations and to eliminate disturbances affecting information security. Such actions may include temporary interruption of the use of a Service or closing a subscription, or other necessary actions. HMD Global takes actions that are proportionate to the seriousness of the issue, and it will stop such actions as soon as such actions are not required.
THE SERVICE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. HMD GLOBAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR OR VIRUS-FREE OR MEET YOUR REQUIREMENTS. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BECAUSE SOME OF THE SERVICES MAY BE PROVIDED OVER MOBILE AND INTERNET NETWORKS OUTSIDE OF HMD GLOBAL’S CONTROL, THEY ARE SUBJECT TO OUTAGES, DISRUPTIONS, AND INTERCEPTION, AND THAT HMD GLOBAL HAS NO LIABILITY FOR ANY SUCH OUTAGES, DISRUPTIONS OR INTERCEPTIONS. HMD GLOBAL CANNOT MAKE ANY REPRESENTATIONS OR GUARANTEES WITH REGARD TO AVAILABILITY, QUALITY, OPERATION OR SUPPORT FOR DATA COMMUNICATION ON ANY THIRD PARTY NETWORKS. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT FROM VARIOUS SOURCES WHICH HMD GLOBAL IS NOT RESPONSIBLE FOR. IN ADDITION, UNDER NO CIRCUMSTANCES WILL HMD GLOBAL BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, THE SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT WHERE PROHIBITED BY LAW, HMD GLOBAL WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF HMD GLOBAL’S CHARGES TO YOU FOR YOUR ACTUAL USE OF THE SERVICES DURING THE PRIOR ONE MONTH PERIOD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO CASE WILL HMD GLOBAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
You agree, at your cost and expense, to defend and indemnify HMD Global and its affiliates from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse; or (iv) your use of the Services and HMD Account.
20.1 Choice of Law
The Terms are governed by the laws of Finland without regard to its conflicts of law provisions and any disputes shall be settled in the district court of Helsinki, Finland. Additionally, you may have a legal right to submit a dispute related to these Terms to your local consumer protection authority.
20.2 Validity
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these HMD Global Service Terms and the Privacy Policy, the provisions of these HMD Global Service Terms prevail. These Terms are originally written in the English language and the English language version shall control over any translations. The provisions of the Terms that are intended to survive termination of the Services or your registration remain valid after termination.
20.3 Changes in Terms
HMD Global may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, HMD Global will provide a separate notice advising of the change. You are responsible for regularly reviewing the Terms. Your continued use of your HMD Account and/or the Service following any changes or modifications to these Terms constitutes your unconditional consent to any changes or modifications.
The Service, Content and Software are protected under international copyright laws. HMD Global claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, HMD Global retains all right, title and interest in the Service, its Content, the Software and in all other HMD Global products, software and other properties provided to you or used by you through the Service. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of HMD Global, including but not limited to “Nokia” (collectively “Marks”) are and shall remain the exclusive property of HMD Global or its licensors and nothing in these Terms shall grant You the license to use any Marks without HMD Global’s prior written permission.
HMD Global may assign its rights and obligations under these Terms to its corporate parent, any of its subsidiaries, or to any company under common control with HMD Global. Additionally, HMD Global may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
HMD Global is not liable to you for any delay, failure to perform, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, war, national emergency, terrorism, acts or omissions of carriers or suppliers, systems failure, cyberattacks and acts of regulatory or governmental agencies.
__Specific Terms related to HMD Connect Service __
“SIM Card” means a SIM card which is provided by HMD Global to be used for data roaming purposes in the specified territory, excluding your country of residence at the specified price and under these Terms.
Beta versions. When the Service has been labelled as “Beta”, it means that the Service is still a beta version that is under development that may contain errors and bugs. It may not work the way a final version of the Service will. HMD Global may significantly change it or decide not to release a final version.
Activation. You can activate the SIM Card from an HMD Connect application or on HMD Connect web page provided by HMD Global. You are prohibited from reselling, sublicensing or using the SIM card or the Services for the purposes of providing data processing services to any third parties.
Lost or stolen SIM Cards. If your SIM Card is lost or stolen, or if it is being used without your permission to access the HMD Account or the Services, you shall immediately deactivate the SIM Card via the application or web page referred above. You are responsible for all charges to your HMD Account until the SIM Card has been deactivated. HMD Global does not offer refunds for stolen or lost SIM Cards. However, any remaining credit on the SIM Card can be used with another SIM card connected to your HMD Account.
Expiration. If you haven’t purchased any Service for your SIM Card, it shall expire in the end of the month mentioned on the SIM Card, unless separately otherwise informed by HMD Global. If you purchase the HMD Connect Service and have not activated such Service, such Service shall expire within twelve (12) months from your purchase.
Returns. HMD Global returns you the purchase price (excluding shipping fees) of all unused SIM Cards purchased from HMD Global’s web pages when SIM card number is provided to HMD at via the support form available at hmdconnect.com within fourteen (14) days of receipt. Please also provide HMD Global the reason why you are returning the SIM Card.
Emergency situations. The Service is not intended for contacting the emergency number or on positioning the caller.
Contact info. You shall ensure that you have provided a correct and active e-mail address to HMD Global. You can contact HMD Global via the support form available at hmdconnect.com.