Terms of service -milloin.energy

Updated 11/2025

These terms of service ("Terms of Service") apply to services provided by milloin.energy Oy (hereinafter referred to as the Service Provider) to the Customer, such as SaaS Services and professional services.

By signing or otherwise accepting the Service Agreement or using the Service, the Customer accepts these Terms of Service, which form an integral part of the Service Agreement. The Customer's or a third party's terms and conditions referenced in the orders or otherwise are hereby rejected and shall not apply.

1 DEFINITIONS
"Customer" means a company or organisation that has entered into a Service Agreement with the Service Provider for the Service.
"Intellectual property rights" mean copyrights, related rights (including e.g. rights to a database, directory, library, recording and photograph), patents, utility models, design rights, trademarks, trade names, trade and company secrets, know-how or other registered or unregistered intellectual property rights.
“Users” means the Customer’s employees or subcontractors who are authorised to use the Service on behalf of the Customer in accordance with the Service Agreement.
“Party” means the Customer and the Service Provider (together, the “Parties”).
"SaaS Service" means the web-based milloin.energy service provided by the Service Provider and other productised software services provided by the Service Provider via a communications network.
"Identifier" means the Customer's or User's identifier, such as a username and password, which is intended to enable the Customer and User to access the Service.
“Service” means the services provided by or for the Service Provider to the Customer on the basis of the Service Agreement, such as the SaaS Service and professional services. The definition of Service also includes any software and related documentation and other materials (such as API) that the Service Provider may provide to the Customer for the Service or that are used or included in the Service. For example, the restrictions on the use of the Service also apply to such software, documentation and materials.
"Service Fees" means the fees charged by the Service Provider to the Customer for the use of the Service.
"Service Provider's Material" means material and documentation provided or made available by or for the Service Provider to the Customer or User for the use of or in connection with the Service, information resulting from professional services, materials and other information or materials specified as such by the Service Provider.
"Service Agreement" means a written, electronic or other agreement between the Parties for the provision of the Service. The use of the Service or the downloading of related software or material shall also be construed as the Customer's acceptance of the Service Agreement and these Terms of Service.
"Error" means a material deviation in the Service from its current service description.

2 USE OF THE SERVICE
2.1 Right of use
The Customer has the right to use the Service for its own internal business purposes during the term of the Service Agreement. Use of the Service requires Identifiers granted by the Service Provider. The right of use is conditional upon the Customer complying with the terms and conditions of the Service Agreement and, among other things, paying the Service Fees in accordance with the Service Agreement. The right of use is non-exclusive, non-transferable and non-sublicensable.

The Service is specified in the Service Agreement, including its appendices. Any third-party services and software included in or related to the Service are subject to the terms and conditions of the relevant third parties. The Service Provider is not responsible in any way for third-party services or software offered through or related to the Service.

Users must accept the Service Provider’s privacy policy and terms of service when registering for the Service for the first time.
The Service Provider has the right to block the Customer's or User's access to the Service if the Customer or User has violated the terms of the Service Agreement, or if the Service Provider has reasonable grounds to suspect that this has occurred, and the Customer or User has not remedied the breach within 7 days of the Service Provider's notification. However, the Service Provider has the right to immediately block access to the Service if the breach jeopardises the Service or its security or causes disruption to the Service.

The Customer may use any software and interface data (API) related to the Service only in direct connection with the use of the Service. Upon termination or expiry of the Service Agreement, the Customer shall, at its own expense, either return or, at the request of the Service Provider, destroy all original and duplicate copies, data media and documentation in its possession. 

2.2 Restrictions on use
The Customer may only use the Service for Customer’s internal purposes and shall not be entitled to resell, distribute or otherwise offer the Service or any part thereof or the results of the Service to third parties. The Customer shall not have the right to grant or allow access to the Service to anyone other than the Users covered by the relevant service licence who are entitled to access under the Service Agreement. 

• use the Service or its results in any way other than as expressly permitted in the Service Agreement;
• copy, modify, translate, distribute, transfer, make available to the public, rent, lend or sublicense the Service or the Service Provider's Material, or otherwise grant third parties access to the Service or the Service Provider's Material;
• circumvent or attempt to circumvent the Service's usage restrictions, encryption or copy protection;
• use the forecasts generated by the Service for purposes other than the Customer's internal business purposes;
• use the Service or its results for the benefit of a third party, such as for training, commercial use or service operations;
• reverse engineer, reverse compile or translate into symbolic machine language (e.g. with a disassembler) the Service unless required by mandatory legislation, and even then only on condition that the Service Provider has first been notified in writing of such action;
• read or transfer data from the Service by machine other than through the Service Provider's API intended for that purpose;
• transfer or disclose forecasts or other results of the Service or the information it contains to anyone other than those employees and subcontractors of the Customer who need them in their work for the Customer and who have been informed of the restrictions on use and transfer contained in the Service Agreement and who are bound by the provisions of this Agreement;

• use the Service for purposes contrary to law or good practice.

The Service Provider has the right, without consulting the Customer, to suspend the Service and prevent the Customer and Users from accessing the Service if the Customer or User violates or the Service Provider has reasonable grounds to suspect that the Customer or User is violating the restrictions on use of the Service.

2.3 General obligations of the Customer
The Customer must provide the Service Provider with sufficient and accurate information for the provision of the Service and otherwise contribute to the delivery of the Service. The Customer is responsible for the information and instructions provided, as well as for their accuracy and updating. The Customer is responsible for ensuring that the Service is suitable for the Customer's intended use and that it meets the Customer's requirements.

The Customer is responsible for the equipment, data connections and software necessary for using the Service, including their acquisition, maintenance and compliance with system requirements. The Customer is responsible for the operational condition of such equipment, data connections and software and for ensuring that they do not cause harm to the Service or its data security or to other customers. Any equipment or software that may cause interference must be immediately disconnected from the Service.  

3 REGISTRATION AND SECURITY

3.1 Registration and acceptance of the Service Agreement
The person signing or otherwise accepting the Service Agreement on behalf of the Customer confirms that they have the right to represent the Customer specified in the Service Agreement.

The Customer must provide the Service Provider with accurate and up-to-date information necessary for customer communication and invoicing of Service Fees. The Customer must immediately notify the Service Provider if this information changes.

3.2 Security
The Customer and Users must keep the Identifiers safe and secret and notify the Service Provider immediately if these have been used without authorisation or if the passwords have come to the knowledge of third parties. The Customer is responsible for all actions performed in the Service using the Customer's Identifiers.Identifiers are User-specific and their group use is prohibited. Identifiers shall not be disclosed to persons other than the authorized Users.

The Parties are responsible for ensuring that their own ICT environments, such as devices, communication networks, service production facilities and premises for which the Party is responsible, are protected against information security risks in accordance with appropriate information security practices. Neither Party is responsible for the security of the public communication networks or any disturbances that may occur there. The Parties shall notify each other without undue delay of any security threats and breaches they may have detected and shall take measures to minimize the consequences of the security breach without undue delay.

Both Parties are responsible for backing up and restoring the data and files within their own ICT environments (such as servers, cloud services etc.).

4. PROCESSING OF PERSONAL DATA
The Service Provider shall process the personal data of the Customer and Users in accordance with its privacy policy. If the Service Provider needs to process personal data controlled by the Customer on behalf of the Customer, a separate personal data processing agreement shall be concluded between the Parties before such processing begins. The Customer is responsible for ensuring that personal data is not transferred or otherwise disclosed to the Service Provider for processing before such an agreement has been concluded. In all situations, the Customer shall also be responsible for ensuring that the Customer has obtained the necessary permissions and consents for the processing of personal data by the Service Provider in the manner required by the Service Agreement.

5. PROVISION OF THE SERVICE
5.1 Delivery of the Service
The Service Provider shall use commercially reasonable efforts to ensure that the Service corresponds in all essential respects to the Service description valid at any given time. The Customer shall report all Errors to the Service Provider's user support at info@milloin.energy as soon as reasonably possible after the Customer discovered the Error.

The Service Provider shall use commercially reasonable efforts to correct Errors within a reasonable time during the normal working hours of the Service Provider or its subcontractor.

Except as stated in this Section 5.1, the Service Provider does not give any other warranties about the quality, content, availability or functionality of the Service.
5.2 Usability
The Service Provider shall not be liable in any way for services related to the Service that are provided to the Customer by third parties.

The production of forecasts included in the Service requires the use of data collected from multiple sources. For reasons beyond the Service Provider's control, some or all of this data may not always be available, or the data may be incomplete. The Service Provider does not guarantee and is not responsible for the inability to produce forecasts due to a lack of reliable forecast information.

The Service Provider shall have the right to interrupt the Services for necessary maintenance breaks. The Customer is not entitled to compensation or reimbursement for service interruptions caused by maintenance, unless otherwise agreed separately in writing. Maintenance causing downtime may be necessary e.g. to install updates or changes to the Service or to maintain or repair the Service or for information security reasons. The Service Provider endeavors to notify the Customer in advance of such maintenance measures and to carry out the maintenance in a manner to avoid unreasonable disruption to the use of the Service.

Service interruptions can also be caused by disturbances in third-party services, networks or devices. The Service Provider is not responsible for such disruptions or interruptions.

The Service Provider has the right, without consulting the Customer, to prevent the Customer's access to the Service, if the Service Provider reasonably suspects that the Customer is burdening or using the Service in a manner that causes harm to the Service or its production. 

5.3 Changes to the Service
The Service Provider has the right at any time to change or update the Service or to stop offering the Service or its feature without the Customer's consent. The Service Provider endeavors to notify the Customer of essential changes affecting the use of the Service at least 30 days in advance or as soon as reasonably possible. If the Service Provider ceases to provide the Service or makes a material change to it to the detriment of the Customer, the Customer shall have the right to terminate the Service Agreement with effect from the date on which the change takes effect. If the Customer terminates the Service Agreement in accordance with the above during the contract period, the Service Provider shall refund the Service Fees paid in advance by the Customer attributable to the full months of the terminated and unused contract period. 

6 SERVICE FEES, OTHER FEES AND PAYMENT
6.1 Service Fees
The Service Fees applicable to the use of the Service are agreed in the Service Agreement. If no price has been agreed for a particular Service or product in the Service Agreement or otherwise, the price applicable to that Service or product at the time of ordering in accordance with the Service Provider's price list shall apply. Unless otherwise agreed, Service Fees shall be invoiced in advance for each contract period. Any estimates of the amount of work required for expert services are only estimates and are not binding on the Service Provider. Expert services charged on a time basis shall be invoiced monthly in arrears based on the actual amount of work performed, and fees related to implementation shall be invoiced in connection with the conclusion of the Service Agreement or the relevant implementation. The Service Provider also has the right to charge separately for normal and reasonable travel and accommodation expenses and daily allowances.
The Service Provider shall also be entitled to invoice the Customer in accordance with its current price list for additional work and costs incurred as a result of incorrect information provided by the Customer, incorrect complaints or other reasons for which the Customer is responsible.
If the Customer fails to pay the agreed price on the due date, the Service Provider shall be entitled to suspend the provision of Services until all outstanding amounts have been paid in full.

6.2 Terms of payment
The payment term is 14 days net from the date of the invoice. For late payments or payments made with incorrect information, the Service Provider will charge an 8% annual interest on arrears in addition to collection and processing costs. Service fees are quoted exclusive of any applicable taxes (such as value added tax) or other public charges or fees, as well as any bank charges or commissions, and such taxes, charges and commissions shall be added to the prices and charged to the Customer.
Complaints regarding invoices must be submitted to the Service Provider within 7 days of receipt of the invoice.
Except as stated in section 5.3 Changes to the Service, Service Fees paid will not be refunded, even if the Customer terminates the Agreement or suspends use of the Service during the contract period.

6.3 Price changes
The Service Provider has the right to change the Service Fees annually in line with changes in Statistics Finland's producer price index (information services/category 63) (the "Index") by notifying the Customer in advance. 
In addition to the above, the Service Provider shall also have the right to increase the Service Fees or introduce new chargeable features to the Service by notifying the Customer in advance. Such increased or changed Service Fees shall take effect one month after the notification has been sent. However, the price increase shall not apply to contract periods ongoing at the time of delivery of the price increase notification. If the Customer does not accept the increase or change in fees, the Customer has the right to terminate the Service Agreement at the end of the current contract period by sending a notice of termination to the Service Provider no later than 14 days after the price increase notification, in which case the price increase shall not apply to the remaining contract period at the time of notification. The Customer's right of termination described above does not apply to price increases based on changes in the Index.

7 CONFIDENTIALITY

Each Party undertakes to keep confidential all materials and information received from the other Party in any form that are marked as confidential or that are to be understood as such ("Confidential Information"). A Party shall have the right to
1. use the Confidential Information only for the purposes specified in the Service Agreement;
2. copy Confidential Information only to the extent necessary for the purposes of the Service Agreement; and
3. disclose or reveal Confidential Information only to its employees and subcontractors who need to have access to the Confidential Information for the purposes of the Agreement. The Party disclosing the information shall be responsible for ensuring that such parties comply with the obligations set out in this clause 7.

However, the confidentiality obligation shall not apply to information
1. which is generally available or otherwise public without breach of confidentiality obligations; or
2. which a Party has received from a third party without any obligation of confidentiality; or
3. was in the possession of the receiving Party without any confidentiality obligation prior to its receipt from the other Party; or
4. which a Party has independently developed without using material or information received from the other Party; or
5. which a Party is required to disclose or reveal pursuant to a law, regulation or other official order or court decision. A Party that discloses or will disclose Confidential Information pursuant to this section shall notify the other Party as soon as possible.

The Party shall immediately cease using the Confidential Information received from the other Party and, unless otherwise agreed upon, return the material in question, including all copies thereof, when the Service Agreement ends or when the Party no longer needs the material for the purposes of the Service Agreement. However, each Party shall have the right to retain copies required by law or by the authorities.
The rights and obligations related to this section shall remain in force after the termination of the Service Agreement and shall be valid for 5 years from the Effective Date or, if the Confidential Material is disclosed after the Effective Date, 5 years from the date of disclosure or release of the Confidential Information in question.

8 INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights to the Service, parts and features of the Service, software included in or related to the Service, the Service Provider's Material, and all new, modified and developed versions of the above belong exclusively to the Service Provider (or its licensors) and remain their property, including but not limited to source and other codes, user manuals, documentation, training materials and all other materials related to the Service. The Service Agreement does not transfer or license any Intellectual Property Rights to the Customer, except for the Customer's limited right to use the Service in accordance with the Service Agreement during the term of the Service Agreement in exchange for the agreed Service Fees. 
The Customer has the opportunity to provide the Service Provider with feedback and development ideas regarding the Service. The Service Provider has the right (but not the obligation) to use such feedback and development ideas in the development of the Service. Intellectual Property Rights to feedback and development ideas, as well as any changes to the Service made on the basis of such feedback and ideas, shall automatically be transferred and belong to the Service Provider. For the sake of clarity, it is noted that the Customer is under no obligation to provide feedback or development ideas.

9 LIMITATION OF LIABILITY
9.1 The Customer understands that
- The forecasts contained in the Service are only forecasts. Under no circumstances does the Service Provider guarantee that the forecasts will correspond to the factual development of prices; and
- The forecasts generated by the Service are based on information collected from multiple sources. The data providers are not responsible for the availability or reliability of the information they provide, and the Service Provider does not verify the completeness or accuracy of the information used to generate the forecasts ; and
- The Customer is solely responsible for the use of the forecasts and other information produced by the Service in its operations, as well as for its decisions and actions based on such forecasts and information.

The Service Provider shall not be liable in any way for any costs or damages that may arise to the Customer from the use or application of the results of the Service, such as forecasts or other information.
9.2 Neither Party shall be liable under or in connection with the Service Agreement for any (i) indirect or consequential damages, such as lost profits, revenue or savings, or compensation payable to third parties, or (ii) changes or loss of data or costs incurred as a result thereof or costs of replacement, even if the Party has been informed of the possibility of such damages.
9.3 The Service Provider's total maximum liability to the Customer under the Service Agreement (including any refunds, reductions or credits) shall in all circumstances be limited to a maximum of 25% of the annual fee for the Service, excluding VAT, for the Service to which the event giving rise to liability relates, but not exceeding EUR 2,500.
9.4 However, the limitations of liability in sections 9.2 and 9.3 above shall not apply to damages resulting from the intentional or grossly negligent conduct of a Party, nor to damages incurred by the Service Provider as a result of the Customer’s infringement or violation the Service Provider's Intellectual Property Rights or the Customer’s use of the Service (including software, API, etc.) in breach of the Service Agreement.

10 VALIDITY AND TERMINATION
Unless otherwise agreed in the Service Agreement, the Service Agreement shall enter into force when both Parties have signed or otherwise accepted it and shall be valid for 12-month contract periods. The Service Agreement shall be automatically renewed for new contract periods unless a Party gives the other Party in writing a notice of non-renewal at least 90 days prior to the end of the then-current contract period.
A Party has the right to terminate the Service Agreement if the other Party goes into bankruptcy, liquidation, debt restructuring or becomes insolvent. A Party can also terminate the Service Agreement if the other Party is in material breach of the Service Agreement and does not remedy such breach within 30 days after the Party has notified the other Party thereof. The Service Provider has the right to terminate the Service Agreement with immediate effect if the Customer has not paid any overdue invoices within 14 days after receiving a written reminder after the due date.
Sections of the Service Agreement, which by their nature are intended to survive the termination or expiry of the Service Agreement, shall so survive. Such Sections include Sections 7. Confidentiality, 8. Intellectual Property Rights, 9. Limitation of Liability and 12. Applicable Law and Disputes.

11 MISCELLANEOUS
Subcontractors; The Service Provider has the right to use subcontractors to perform its obligations hereunder. The Service Provider is responsible for the subcontractors' work as for his own.
Reference use; The Service Provider has the right to use the Customer's name and logo in Service Provider's general customer reference list on its website and in Service Provider’s marketing materials.
Interpretation of the Agreement; The Service Agreement constitutes the entire agreement between the Parties on the subject matter hereof. If the Party does not exercise its rights under the Service Agreement, that Party is not deemed to have waived such rights or to have lost them. If any provision of the Service Agreement is found to be invalid, void or otherwise illegal or unenforceable, it does not affect the validity of other provisions of the Service Agreement. Such an invalid clause shall be interpreted as being as close as possible to the written clause commercially, but valid.
Transfer of agreement; The Service Provider has the right to assign the Service Agreement to its affiliate or to the transferee/purchaser of the Service Provider's business related to the Service Agreement without the Customer's consent.
The Customer does not have the right to assign the Service Agreement to a third party without Service Provider's written consent.
Amendment of the Agreement; The Service Provider can change these Terms of Service by notifying the Customer of the change no later than thirty days before the changes come into effect, via customer bulletins, in the Service or otherwise in writing. When the Terms of Service have been changed materially to the Customer's detriment, the Customer has the right to terminate the Service Agreement to the end of then current contract period by submitting a notice of termination to the Service Provider within 14 days of the notification regarding the change. If the Customer terminates the Service Agreement as described above, the Terms of Service apply unchanged for the remaining term of the Service Agreement in question. More, the Service Provider has the right to change the service descriptions of the Services if the Service or the specific terms and conditions related to it change.
Other amendments to the Agreement shall be agreed upon in writing between the Parties.
Force majeure; If the performance of the Service Provider's obligations is impossible or unreasonably difficult due to an unforeseen situation beyond the Service Provider's reasonable control ("Force Majeure"), the Service Provider is entitled to terminate the provision of the Service and/or extend the delivery time without liability.
Recruitment restriction; Neither Party may employ a person who is or has been employed by the other Party, who performs or has performed key tasks related to the Service in question, and may not enter into any other contract or otherwise agree on such an arrangement, the purpose of which is to acquire the work contribution of the person in question, before 6 months have passed since the termination or expiry of the Service in question or from the termination of the employment relationship, whichever ends earlier.
If a Party is in breach of this recruitment restriction, that Party shall pay the other Party an amount corresponding to 6 months' gross salary of the person in question as a contractual penalty.
However, the non-solicitation obligation does not apply if the employment of the person in question has ended for a reason attributable to the employing Party or if the hiring of the person takes place on the person's own initiative by responding to a public job advertisement.

12 APPLICABLE LAW AND DISPUTES
The Agreement shall be governed by Finnish law. However, the Agreement shall not be governed by the provisions of Finnish law on the choice of law or the UN Convention on Contracts for the International Sale of Goods (CISG).
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitral tribunal shall consist of a single arbitrator. The place of arbitration shall be Helsinki. The language of the arbitration shall be Finnish.
Notwithstanding the foregoing, the Service Provider shall have the right to a) seek a temporary injunction from a competent court if necessary to protect the interests and rights of the Service Provider, and b) collect Service Fees in the Tampere District Court.

If you have questions about the terms of service, please contact us.