1. Scope
These terms govern the use of the Sutja service (the service). The service is provided by plops Oy (business ID 3596026-3, operating under the auxiliary trade name Sutja). By taking the service into use, the customer accepts these terms.
The processing of personal data is governed by the privacy policy and the data processing agreement, which supplement these terms.
2. Description of the service
Sutja is a cloud-based shift planning and human resources service. The service is delivered using Sutja's own technology, working methods and processes. Sutja decides on the technical implementation, architecture, tooling and subcontractors of the service and has the right to change them.
We develop the service continuously and its features may change. A change may not, however, materially degrade the agreed content of the service or the level of security. We announce material changes a reasonable time in advance, and if a change materially degrades the service to the customer's detriment, the customer may terminate the agreement to end when the change takes effect. If the customer has a paid annual period in progress, the unused period is refunded in accordance with section 11.
Changing a sub-processor is additionally governed by section 7 of the data processing agreement.
3. Account and right of use
Using the service requires creating an account. The customer is responsible for the accuracy of account details and for keeping credentials secure. Access rights and roles are defined per workspace. The customer is responsible for the actions of its users in the service.
4. Customer responsibilities
The customer agrees to use the service in accordance with the law and these terms, and is responsible for the accuracy and lawfulness of the data it enters.
When the customer processes its employees' personal data in the service, the customer acts as the data controller and is responsible for ensuring there is a lawful basis for the processing and that employees have been appropriately informed.
5. Fees and billing
The service is subject to charges according to the chosen plan and the current price list. The subscription is created when the customer confirms the order in the service, and in doing so the customer authorizes Sutja to invoice the monthly fee of the chosen plan, or with annual billing the annual fee, in accordance with these terms.
The monthly price of a paid plan is determined by the number of active work locations in the workspace according to the tiers in the price list, unless the price has been agreed separately. The price does not depend on the number of users, employees or shifts. With monthly billing, a work location created during a billing period is billed for the whole period on the next invoice, and deleting a work location reduces the price from the next billing period.
The plan is billed in advance at the start of each billing period. The billing period is one month unless the customer has chosen annual billing. The payment term is 14 days net from the invoice date. The applicable VAT is added to the prices. The invoice is delivered as an e-invoice or by email according to the customer's billing details. Overdue payments may incur statutory interest on late payment and reasonable collection costs.
Annual billing is an optional way to pay for the plan for 12 months at once in advance. The billing period, the annual period, is then 12 months, and its months are counted from the start date of the annual period. The annual billing discount of 15 % is deducted from the annual fee (monthly fee × 12), unless otherwise agreed in the agreement. Unless the price has been agreed separately, a work location created during the annual period is invoiced for the remaining months of the annual period, the current month included, on an additional invoice sent at the end of the month of creation. Deleting a work location does not refund the paid annual period but reduces the price from the next annual period.
If the customer switches to a larger plan during the annual period, the new plan takes effect immediately, and the price difference is invoiced for the remaining months of the annual period, the current month included, on an additional invoice sent at the end of the month of the change. A smaller plan and a switch to monthly billing take effect at the end of the annual period.
A discount obtained with a discount code and the annual billing discount are not combined: for each month of the annual period, the larger of the two applies.
The free trial applies to the Intelligence plan and starts when the customer registers for the service. It lasts 14 days and requires no payment method, and the trial is not invoiced. If the customer does not place an order during the trial, the workspace moves to the Free tier when the trial ends, and the features of the Intelligence plan end.
The content and limits of the Free tier, such as the maximum numbers of work locations, teams and monthly shifts, are set out in the price list. When the workspace moves to the Free tier at the end of the trial or the subscription, work locations and teams exceeding the Free tier's limits are locked. No new shifts can be planned for a locked work location or team, but its data and already planned shifts are kept. The lock is lifted when the customer places an order. We may change the content and limits of the Free tier by giving advance notice, at least three months before the change takes effect.
AI packages are monthly add-ons that increase the workspace's AI quota. The customer may purchase them according to the price list for an active Intelligence or Enterprise subscription, but not during the trial.
We may change prices by giving advance notice, at least 30 days before the change takes effect. If the customer has a paid annual period in progress, a price change takes effect at the earliest at the end of the annual period. If the customer does not accept an increase, the customer may terminate the service to end before the change takes effect.
6. Intellectual property
The service and related rights belong to Sutja. The customer receives a right to use the service for the term of the agreement. Data the customer enters into the service remains the customer's property.
7. Privacy and customer data
The processing of personal data is described in the privacy policy and the data processing agreement. The customer owns the data it stores in the service, and it is stored in Finland and the EU.
8. Availability and support
We aim to keep the service available at as high an uptime as possible, but we do not guarantee uninterrupted operation unless a service level has been separately agreed.
Planned maintenance is carried out on Tuesdays between 2 am and 5 am Finnish time, and we give at least 7 days' advance notice of it. An urgent security update may be carried out immediately, also outside this maintenance window, and we give notice of it at the latest immediately afterwards. Maintenance carried out or announced by a data centre, cloud or network service provider may also take place outside the maintenance window, and we give notice of it as soon as we become aware of it. Notice of maintenance is given by email to the workspace's administrators. Availability excludes downtime caused by the customer's own environment, third-party networks or services, attacks against the service, or force majeure.
Support is available at hello@sutja.fi, and we aim to respond to support requests promptly on business days.
Sutja has the right to suspend the service or restrict its use if:
- the customer has not paid a due service fee and has not remedied the default within 14 days of a written notice
- the suspension is necessary for installation, modification, maintenance or update work
- the customer materially breaches these terms or the agreement
- the suspension is necessary to prevent or contain a security threat to the service, its data or other users
- force majeure or an order of an authority so requires
A suspension for planned installation, modification, maintenance or update work is maintenance, and the maintenance window and notice described above apply to it. We give advance notice of any other suspension, such as one to repair a fault or disruption, where reasonably possible. We limit the scope and duration of a suspension to what is necessary. A suspension to counter a security threat may be carried out immediately, in which case notice is given at the latest immediately afterwards. The service is restored without delay once the reason for the suspension has ceased. A suspension caused by the customer's default or breach does not release the customer from the obligation to pay.
9. Acceptable use
The service must not be used for unlawful activity, to infringe the rights of others, or to disrupt the operation of the service. Reverse engineering or unauthorised copying of the service is prohibited.
10. Limitation of liability
The service is provided as is. Sutja is not liable for indirect or consequential damages, such as lost profits, business interruption, loss of data, or third-party claims.
Sutja's total contractual liability is limited to at most an amount equal to the service fees for the six months preceding the damage. For this purpose, the annual fee and the additional invoices of annual billing are allocated evenly to the months of the annual period that they cover.
The limitation does not apply to damage caused intentionally or through gross negligence, nor to any liability that cannot be limited under mandatory law.
Claims for damages must be made within a reasonable time and no later than three months after the damage was discovered or should have been discovered.
11. Term and termination
The agreement enters into force when the customer confirms the order in the service and remains in force until further notice, continuing one billing period at a time. The billing period is one month, or 12 months with annual billing.
The customer may cancel the subscription at any time from the Billing page in the service. Cancellation takes effect at the end of the current billing period: the next period is no longer invoiced, and an already-started period is not refunded. After it ends, the workspace moves to the free Free tier unless the customer deletes it. Deleting the workspace ends the agreement immediately and is treated as the customer's own cancellation.
If the customer has a paid annual period in progress, the customer's cancellation, including a move to the Free tier, takes effect at the end of the annual period. The annual fee is not refunded, even if the customer cancels the subscription during the annual period, and deleting the workspace does not refund the paid annual period. The annual billing discount is the consideration for the annual fee not being refunded. Exceptions to these rules are set out below.
Either party may terminate the agreement for cause if the other materially breaches it and fails to remedy the breach within a reasonable time, and no later than 30 days from a written notice. The right to suspend the service on the grounds listed in section 8 is separate from the right to terminate for breach: a suspension does not require termination, and termination does not require a preceding suspension.
If the agreement ends during a paid annual period for a reason other than the customer's own cancellation or the customer's breach of the agreement, the ending is not deferred to the end of the annual period, and we refund the unused period in whole months. Such reasons are the customer's termination for Sutja's material breach and the ending of the agreement under section 13 or 15. The same applies when the customer terminates the agreement under section 2 or 12.
When the agreement ends, the customer's data is returned or deleted in accordance with the data processing agreement.
12. Changes to the terms
We may update these terms as the service or legislation develops. We give advance notice of material changes, and by continuing to use the service the customer accepts the updated terms. If the customer has a paid annual period in progress and a change materially weakens the customer's position, the customer may terminate the agreement to end when the change takes effect, and the unused period is refunded in accordance with section 11.
13. Force majeure
Neither party is liable for delay or damage caused by a force majeure event beyond its control that it could not reasonably have been expected to take into account when entering into the agreement. Such events include, for example, major network or power outages, telecommunications disruptions, acts of authorities, strikes and natural disasters. A party notifies the other of a force majeure event without undue delay.
If a force majeure event, such as an order of an authority, prevents the use of the service for a continuous period of more than 30 days, either party may end the agreement by notifying the other party in writing. The unused part of a paid annual period is then refunded in accordance with section 11.
14. Confidentiality
Each party keeps the other party's confidential information secret and uses it only for the purpose of the agreement. Confidentiality does not apply to information that is publicly available, received from a third party without an obligation of confidentiality, or independently developed.
The confidentiality obligation continues after the agreement ends.
15. Intellectual property infringement
We are responsible for ensuring that the service does not infringe third-party intellectual property rights in Finland. If such a claim is made against the service, we defend the customer at our own cost, provided that the customer notifies us of the claim without delay and lets us handle it.
If the service is found to infringe, we will obtain the right for the customer to continue using it, modify the service, or as a last resort end the agreement and refund the unused period. For a paid annual period, the refund is calculated in accordance with section 11. This is the full extent of our liability for intellectual property infringement.
This responsibility does not apply to infringement arising from a modification made by the customer, the customer's instructions, or use of the service together with a product not supplied by us.
16. Assignment
Neither party may assign the agreement without the other party's consent. However, we may assign the agreement to a group company or in connection with a business transfer, and may assign receivables based on the agreement.
17. Governing law and disputes
These terms are governed by Finnish law. Disputes are primarily resolved through negotiation. If no agreement is reached, disputes are settled in the District Court of North Savo (Pohjois-Savo).