This is a translation; the Finnish version prevails.

BrewOS terms of service

These are the terms of the BrewOS service, which set out the rights and obligations of the customer and the service provider regarding the use of the service.

Terms:

• customer is a company that has agreed with the service provider on the use of the service
• account is a group of different kinds of data used in the service, by means of which the customer's data is isolated from the data of other customers
• user is a natural person who uses the service as a representative authorised by one or more customers
• service provider is BrewOS, Business ID 2307798-3, visiting and postal address Kymintie 4 A21, 15140 Lahti, Finland
• agreement is the agreement between the customer and the service provider on the use of the service, which entered into force when the customer registered for the service

Section 1 Description of the service

BrewOS is a service with which the customer can manage the production of its microbrewery electronically. The service is implemented on a shared server on which the data of all customers is maintained and processed on the same hardware and software, but the users linked to each customer's account only have access to that account's own data.

Among other things, the service makes it possible to draw up and maintain beer recipes, to create production plans based on them and to follow their progress. The service also includes stock accounting for raw material stocks and finished products, as well as a customer register and order management, together with integrated reporting features for the notifications to be made to the authorities. The service provider adds and develops features of the service from time to time.

The service is used with ordinary web browsers. The customer is responsible for its own costs arising from using the service with a browser, such as its internet connection and the devices and software used for browsing.

Section 1.1 Quality of the service

The hardware used to produce the service is not duplicated, so BrewOS cannot guarantee continuous and uninterrupted availability of the service. The service provider nevertheless strives to keep the service available and free of errors at all times.

The service provider backs up its information system once a day, by which any loss of data caused by hardware faults or serious software errors can, with high probability, be limited to at most 24 hours.

The aim is to keep the information security of the servers at a professional level. Only persons authorised by the service provider have access to the servers.

Section 1.2 Data produced by the service

The service produces information for the customer, which it can use, among other things, in its reporting to the authorities.

The service provider cannot guarantee that the data produced by the service, which the customer reports to the authorities, to its customers or to its other partners, will always be entirely free of errors. Errors may arise, for example, from typing errors by the customer's users or from a programming error in the system. For this reason, the customer is obliged always to verify the correctness of the figures it reports before passing them on, and to report any errors it detects to the service provider so that any corrections can be made.

Section 2 Prices and payment

The service is subject to a charge. Having purchased the BrewOS licences defined in Section 2.1 or the service credits described in Section 2.2, the customer is obliged to pay the service provider the fees according to the price list in force at the time.

If the customer fails in its obligation to pay the service provider, the service provider is entitled to cut off the provision of the service to the customer, without however losing its right to collect such fees as have arisen before the provision of the service was cut off.

Section 2.1 BrewOS licences

Use of the service requires the customer to purchase the BrewOS licences it wants in advance, in accordance with the options offered on the website. Licences are handled in litres. One litre of licence entitles the customer both (a) to package one litre of beer with the system (packaging) and (b) to release one litre of beer to retail or on-premises sale (release). The system keeps a separate record of the use of individual licences for packaging and for releases.

When the customer records packaging, its licence account must have at least the packaged quantity of licence unused for packaging. Correspondingly, when the customer records a release, it must have at least the released number of litres of licence unused for releases. In these situations, the service does not allow the customer to continue the operation until it has acquired additional licence of at least the quantity the operation requires.

The customer may purchase more than one licence at a time before the previous licence runs out. In that case, all consumption of licences for packaging and releases is allocated to the oldest licence that still has unused licence remaining. If the oldest licence has only part of the required quantity remaining, the oldest licence is first used up entirely, and only the excess is taken from the next oldest licence.

If an individual licence runs out of litres for packaging, the customer may nevertheless use the litres unused for releases for releases later on, and vice versa.

If the customer account has a licence that has not been used in full 12 months after its time of purchase, the unused licence expires in its entirety and can no longer be used. Expiry always applies both to the litres for packaging and to the litres for releases.

Section 2.2 Ancillary services

The service offers various ancillary services subject to an additional charge, such as sending an e-invoice or checking a customer company's credit information. Ancillary services can be purchased with service credits bought in advance, by using the number of credits according to the price list in force at the time.

Service credits always cost 1.00 euro plus a 9% service fee (VAT 0) per 100 service credits, i.e. 1.09 cents + VAT per service credit. The one-off purchases on offer vary. Purchased service credits are invoiced to the customer, and they are maintained in the service credit account of the BrewOS customer account.

If the customer account has service credits that have not been used in full 12 months after their time of purchase, the unused service credits expire and can no longer be used.

Section 3 Confidentiality

The service provider processes the customer's data, which is treated as confidential. The service provider does not give any third party unwarranted access to the customer's data.

The customer may, however, itself authorise users of its choice to access its account's data through the service.

Section 4 Intellectual property rights

Neither the agreement nor the use of the service transfers any intellectual property rights between the parties. Each party retains the rights to all the intellectual property rights it had before the agreement was concluded and the service was used.

For the avoidance of doubt, the service provider owns all copyrights to the software used to produce the service, or has agreed on the use of third-party software as part of the service offering. Likewise, the customer retains all rights to the recipes and production plans it owns and stores in the service.

Section 5 Limited warranty

The service is delivered with computer software whose continuous and error-free operation cannot be guaranteed. For this reason, the service provider does not guarantee, and the customer confirms that it understands, that errors or interruptions may occur in the service from time to time.

The service provider strives to keep the service free of errors and continuously available to the customer to the extent that this is economically justified for the service provider.

The customer is not entitled to compensation for any direct or indirect damage arising to it from the use of the service or from errors or interruptions occurring in the service, even if such errors or interruptions were known to the service provider.

Section 6 Disputes between the parties

All disputes between the customer and the service provider that cannot otherwise be resolved and that relate to the rights or obligations of the parties defined in this agreement shall be settled in the District Court of Päijät-Häme in accordance with Finnish law.

Section 7 Termination of the agreement

The agreement between the customer and the service provider remains in force on the terms stated here until either party terminates the agreement.

The customer may terminate the agreement by giving written notice of it to the service provider. When the customer terminates the service, the service provider deletes all data the customer has entered into the service and removes the customer's access to the service. If the customer has unused licences at the time of termination, they expire.

The service provider may terminate the agreement by giving written notice of it to the customer 3 months before the termination takes effect. However, if the termination is due to a material or continuing breach of the agreement by the customer, or to harmful activity that endangers the information security of the service or significantly hinders the provision of the service, the service provider may terminate the agreement without separate prior notice.

If the service provider terminates the agreement with a 3-month notice period, the customer is entitled to receive compensation for the licences it would have had at the time of termination. The amount of the compensation is the ratio of the unused licence quantity to the original licence quantity, multiplied by the total price the customer paid for the licence.

Section 7.1 Changes to the terms of the agreement

The service provider has the right to change these terms of the service by giving notice of it on its website 30 days before the new terms take effect. If the customer does not accept the new terms, it is obliged to terminate the service agreement by written notice before the new terms take effect. In that case, the original terms apply to the customer for 2 months from the change of the terms, after which the customer is entitled to such compensation as if the service provider had terminated the agreement in accordance with Section 7.

Section 7.2 Price changes

The service provider has the right to change its prices by giving notice of it on its website 30 days before the new prices take effect.

If the price change does not change the pricing principles but only raises the prices of the licences offered in the service by at most 10 %, and the service provider has not made the previous price increase less than six (6) months earlier, the price increase alone does not entitle the customer to terminate the agreement in accordance with Section 7.1.

Section 7.3 Right to data

If the agreement ends without a material or continuing breach of the agreement or harmful activity as referred to in Section 7, the customer may request to receive the data it has stored in the service as an electronic copy. The service provider then delivers the data to the customer in a format and manner to be jointly agreed, and charges the customer on an hourly basis for the working time spent retrieving and delivering the data. The hourly rate used is then 120 euros / hour (VAT 0), unless the parties agree otherwise.