Cansome
-The CAN-DO Network-
-The CAN-DO Network-
Effective Date: 10.11.2025
These B2B SaaS Subscription Terms (the “Terms”) govern the commercial subscription and use of the Software-as-a-Service product, Cansome App Platform (the “Service”), provided to the Business Customer (the “Customer” or “you”). The Service is provided by Cansome Oy (FI33284716), a company established in Finland (“Provider”, “we”, “us”).
1.1. Commercial Agreement. This Agreement constitutes a contract for data processing services governed by EU law, specifically including the obligations set forth in the EU Data Act (Regulation (EU) 2023/2854).
1.2. Grant of Licence and Scope. Subject to these Terms and payment of all fees, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable right for its designated users to access and use the features and functions of the Service that correspond to the Customer’s subscription plan and any features the Customer has actively enabled. This licence extends to the use of public-facing features (e.g., marketing pages, public profiles, and social media posting) as intended by the Service’s design.
1.3. Intellectual Property. The Customer acknowledges that all intellectual property rights, title, and interest in and to the Service (including all underlying code and technology) belong exclusively to the Provider.
2.1. Fees. The Customer shall pay all subscription fees as specified in the Order Form or Service Plan. All payments are non-refundable.
2.2. Limited Warranty. The Provider warrants that, during the Subscription Term, the Service will perform substantially in accordance with the online documentation. The Customer's sole remedy for a breach of this warranty is that the Provider shall use commercially reasonable efforts to correct the non-conformity.
2.3. Service Modification (Functionality). The Provider reserves the right to make changes, updates, enhancements, or deprecations to the features and functionality of the Service, provided that such modifications do not materially degrade the core functionality or overall value of the Service plan to which the Customer is subscribed. The Provider will use reasonable efforts to notify the Customer in advance of any material deprecation of core features.
3.1. Termination Right (Data Act Compliance). Notwithstanding any fixed commitment or billing term (e.g., 3, 6, or 12 months), the Customer may terminate this Agreement for convenience by providing notice in accordance with the Service Plan, provided the required notice period shall not exceed a maximum of two (2) months written notice (in compliance with the EU Data Act). Termination takes effect at the end of the notice period. If the Customer terminates a fixed, pre-paid term (e.g., 3, 6, or 12 months) for convenience, the pre-paid fees for the remaining unused portion of that term are non-refundable.
3.2. Data and Digital Asset Porting. Upon termination or expiration of the Agreement, the Provider shall, at the Customer’s request, make available all Customer Data and associated digital assets in a commonly used, machine-readable format (e.g., CSV, JSON).
3.3. Switching Assistance (Data Act Obligation). Upon initiation of the switching process (following termination notice), the Provider shall provide reasonable assistance to the Customer and/or a new provider (designated by the Customer) to facilitate the effective transfer of data and digital assets. This assistance shall be completed without undue delay and within a maximum of thirty (30) days from the end of the termination notice period.
3.4. Switching Charges. The Provider may charge the Customer for the direct costs incurred in providing switching assistance (the “Exit Service”) until 12 January 2027. After this date, such Exit Service shall be provided free of charge, as mandated by the EU Data Act.
3.5. Post-Termination Data Retention and Deletion. Following the effective date of termination or expiration of this Agreement, the Provider will retain the Customer Data for a maximum of ninety (90) days (the “Retention Period”) to allow the Customer to complete any final data retrieval or export as per Section 3.2. Upon expiration of the Retention Period, the Provider shall permanently delete all Customer Data, including all copies thereof, unless legally required to retain the data.
4.1. GDPR Compliance. To the extent the Customer Data includes personal data, the Customer is the Data Controller and the Provider is the Data Processor. The parties shall enter into the Provider’s standard Data Processing Agreement (DPA) prior to any processing of personal data, which shall govern the processing and comply with Article 28 of the GDPR.
4.2. Confidential Information. Each party agrees to protect the Confidential Information of the other party with the same degree of care it uses to protect its own similar information.
5.1. General Exclusion. To the maximum extent permitted by applicable law (and subject to Section 5.2), in no event shall either party be liable for any indirect, incidental, special, or consequential damages, including, without limitation, loss of profits, data, or business opportunity.
5.2. Liability Cap. The Provider’s total aggregate liability arising out of or related to this Agreement shall be limited to the total fees paid by the Customer to the Provider during the twelve (12) months immediately preceding the event giving rise to the claim.
5.3. Unfair Terms Compliance (Data Act). This Section 5 is intended to be commercially reasonable. Any term in this Agreement unilaterally imposed by the Provider concerning liability or remedies for breach of data-related obligations that is deemed unfair under the EU Data Act (Article 13) shall not be binding on the Customer, and the remaining provisions of the Agreement shall remain valid.
6.1. Notification. The Provider reserves the right to amend these Terms from time to time. The Customer will be notified of any changes at least thirty (30) days prior to the changes taking effect, via email or through a notice within the Service interface.
6.2. Acceptance and Right to Object. If the Customer continues to use the Service after the effective date of the amended Terms, the Customer shall be deemed to have accepted the new Terms. If the Customer objects to the change and the change is materially detrimental to the Customer, the Customer shall have the right to terminate the Agreement without penalty by providing written notice before the changes take effect.
7.1. Governing Law. These Terms shall be governed by the laws of Finland, without regard to its conflict of laws principles.
7.2. Jurisdiction. The parties irrevocably submit to the exclusive jurisdiction of the courts of Finland to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.
If you have any questions about these Terms, please contact us at:timo@cansome.com
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