Terms of Service

Effective Date: 27 November 2025

These Terms of Service (the "Terms") apply to your use of the products, applications, websites and other services provided by a company belonging to the Harvia Group that refer to these Terms (the "Services"). These Terms form an agreement between you and the Harvia Group entity providing the specific Services you are using. References to “Harvia”, “we” or “our” or “us” throughout these Terms include the Harvia Group entity (including its relevant affiliates) responsible for offering those Services.

If you are using harvia.com or harviagroup.com websites, MyHarvia for Xenio, MyHarvia 2, Harvia Media Bank or the Harvia Sauna Designer Pro application, these Terms form an agreement between you and Harvia Finland Oy.
If you are using the shop.harvia.com website, these Terms form an agreement between you and Harvia Austria GmbH.

We explain how we process your personal data in Harvia’s privacy notice (the “Privacy Notice”).

UNLESS OTHERWISE PROVIDED FOR IN SECTION 9, THESE TERMS REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the Section titled “Applicable Law and Dispute Resolution” for details regarding your agreement to arbitrate disputes.

1. General provisions

1.1 Acceptance of the Terms: By using and/or otherwise accessing our Services, you accept and agree to comply with these Terms. If you act on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “user” or “you” will then refer to the entity you represent.

By accepting these Terms, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these Terms or do not have the legal capacity to consent to the processing of your personal data, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms. If you are under age 13, you are not allowed to use the Services.

IF YOU DO NOT ACCEPT THESE TERMS, DO NOT INSTALL, USE OR ACCESS THE SERVICES.

1.2 Changes to the Services and Terms:

We reserve the right to stop offering and/or supporting unpaid Services or a part of the unpaid Services at any time, at which point your right to use the Services will be automatically terminated. We will provide you with reasonable prior notice of such discontinuation and, where feasible, allow you to back up any stored User Content before the Services are discontinued. We are not required to provide refunds, benefits or other compensation to you or other users in connection with such discontinued unpaid Services. We may also reasonably change, manage, modify or update paid or unpaid Services at any time, provided that we take your legitimate interests into account. For material changes that significantly impact your use of the paid Services, we will provide at least four (4) weeks' prior notice. In such cases, you will have the right to terminate the paid Service concerned by giving notice before the end of said period and then receive a proportional refund for unused periods. Minor changes or updates to the paid Service that do not significantly affect the functionality or your use of the Services may be implemented, with or without notice. We may require you to accept such updates to continue using the Services.

We reserve the right to change, modify, add to, or remove portions of these Terms and our Privacy Notice at our sole discretion. If we make material changes to these Terms, we will provide at least four (4) weeks prior written notice. In such cases, you will have the right to terminate the contract by giving notice before the end of said period and, for paid Services concerned, receive a proportional refund for unused periods. Notices for such material changes to the terms of these Terms will be given in accordance with section 8.5 below. Following such notice, your continued use of the Services on or after the date the updated version of these Terms is effective is deemed to constitute your acceptance of the updated version.

1.3 Service-specific terms: You acknowledge that additional terms may apply to individual Services or certain related features (such as end-user software agreements, as the case may be), and which may require your separate acceptance before using the Services or related features concerned. In the event of any conflict between these Terms and such Service-specific additional terms, the Service-specific additional terms shall prevail.

1.4 Partner Sales and Commitments: These Terms apply to your use of the Services, whether received or purchased directly from Harvia or its affiliates, or through any reseller, distributor or other partner (collectively, the “Partner”). Harvia is responsible for all obligations, undertakings and representations described in these Terms to the extent they pertain to the Services. However, if a Partner provides any additional promises, warranties or commitments that go beyond or differ from these Terms, those additional promises, warranties or commitments are effective solely between you and that Partner. Harvia is not therefore liable for any obligations, undertakings or representations beyond the scope of these Terms.

1.5 Fees: Certain Services are subject to separate fees. In such cases, you agree to pay all applicable fees and taxes as consideration for those Services as agreed. Fees may be collected directly by us or through third-party platforms such as app stores (for example, the Apple App Store or Google Play Store). You may also incur additional fees from, among others, the use of data, mobile or internet services in accordance with your agreement with a network or service provider.

Certain Services may be offered on a subscription basis (the “Subscription(s)”), which may be structured as continuous, monthly, or annual terms (the “Subscription Term(s)”), as specified during the purchase process. Unless cancelled by you or otherwise suspended or terminated by us, your Subscription will automatically renew at the end of each Subscription Term for a successive Subscription Term. Unless we expressly state otherwise, the payment method you provided will be charged at or before the beginning of each renewal period. Charges will include the then-applicable Subscription fee along with any taxes and additional charges that may apply. Prior to renewal, we will inform you of the applicable fees and notify you of the pricing in effect for the next Subscription Term.

You may terminate your Subscription at any time. Such termination takes effect at the conclusion of the then-current Subscription Term. In case of termination you will retain access to the paid Service until that term ends. If you purchased your Subscription through a third-party app store (for example, the Apple App Store on an iOS device), you must cancel the Subscription using that third party’s account settings. As an example for Apple device users, go to your device’s settings, tap your name, and tap subscriptions to turn off auto-renew or unsubscribe.

2. Third-party content and links to other resources

Our Services may contain links or embedded access to other websites, applications or other resources. We have no responsibility for the content, accuracy, timeliness or suitability of any third-party sites or resources. Usage of any third party content is in accordance with the terms of use of such third party.

We are not directly responsible for the use of content, products, services or resources provided by third parties. Any link or access in our Services to another resource does not imply our endorsement of the content or operation of that resource.

3. Use of services

Use of our Services may require you to register and agree to the requirements to (a) provide accurate and up-to-date information about yourself (the "User Data") and (b) maintain and update such User Data as necessary. Harvia may use, process, analyze and share your User Data on a worldwide, royalty-free basis to provide, operate, improve and develop its Services in accordance with these Terms. Any personal data within the User Data will be handled by Harvia in accordance with the applicable Privacy Notice. Sharing your account details or personal Subscription with others is prohibited.

You are responsible for procuring and maintaining the device and any related hardware, network connections or software necessary to access the Services. Harvia assumes no responsibility for the reliability or performance of any such connections or software.

You are fully responsible for the security of your account and for any activity that occurs on your account or devices. You are responsible for maintaining the confidentiality of your login information and for controlling access to your account and devices. You must notify Harvia immediately if you become aware of any unauthorized access to your account or login information. You are also solely accountable for any payments made using your credit card or other payment methods linked to your account.

If you register or sign in through a third party, such as Apple or Google, you authorize Harvia to use this login information. You also agree to the terms and policies of such third-party service provider, and you are more generally responsible for ensuring compliance with any applicable third-party terms.

We reserve the right to suspend, modify, remove or block, in whole or in part, your account if we reasonably suspect that you have materially breached these Terms or if your conduct or content compromises our reputation or policies while taking your legitimate interests into account. If your account is deleted for these reasons, you may not be able to re-register with our Services and you may lose any progress, benefits, privileges or other account-related statuses. We may also block your email address and IP address to prevent possible re-registration. All other remedies available to Harvia remain unaffected.

4. Prohibited uses

By using our Services, you agree to be bound by these Terms and may not use the Services for any of the following purposes: (a) to engage in or induce, assist, encourage or enable others to commit or participate in illegal activities; (b) to violate any international, national or regional rules, laws or regulations; (c) to infringe our or others' Intellectual Property Rights (as defined below), including by removing, altering, or obscuring any rights notices; (d) to bully, harass, insult, harm, defame, slander, libel, disparage, threaten or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (e) to misrepresent or mislead; (f) to upload, distribute or transmit viruses, malware or other harmful code that may interfere, interrupt, destroy, or limit the functionality of our Services, third-party products and services, or any associated hardware, software, or telecommunications equipment; (g) to engage in spamming, phishing, pharming, pretexting, or similar deceptive practices; (h) to engage in obscene, immoral or otherwise inappropriate conduct; (i) to interfere with, circumvent, remove, alter, deactivate, degrade, or thwart our Services, third-party products and services, or any security features or protections enabled on the Services or related content; (j) to use or insert any code, product, or method to manipulate the Services or their functionality in any way; (k) to use any robot, spider, scraper, or other automated means to access, monitor, or copy our Services or content; (l) to mirror, frame, archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, or offer for sale any content or information obtained from or through the Services without our express written permission; (m) to use any data mining, data gathering, or extraction methods; or (n) to use the Services or their content for any commercial purpose not expressly authorized by us.

5. Ownership

For purposes of these Terms, the “Intellectual Property Rights” means all intellectual property and proprietary rights, whether existing now or in the future, recognized by law or common law. This includes copyrights and related rights, trademarks, designs, patents, inventions, licensing rights, and any other form of intellectual property rights. These rights encompass both registered and unregistered rights, as well as all applications and rights to apply for, obtain, or claim priority to such rights, and any similar rights or forms of protection based on intellectual property activity that are or shall be in force worldwide.

You acknowledge that the Services, including their architecture, design and underlying source code, embody proprietary information, trade secrets and content provided by Harvia and contain proprietary and confidential information protected by Intellectual Property Rights and other applicable laws and regulations, all of which are owned by Harvia or its licensors. All Intellectual Property Rights associated with the Services, including its content and any related materials, such as enhancements, updates, and modifications, are and shall remain solely with Harvia, its subcontractors or licensors. Except as expressly permitted by law or expressly authorized by Harvia, you are prohibited from creating derivative works based on the Services, integrating the Services with other systems or services, modifying, decompiling, reverse engineering, attempting to access its source code, or otherwise transferring, sublicensing, assigning, or distributing the Services, whether in whole or in part.

Provided that you accept and continue to comply with these Terms and any other instructions provided by Harvia, Harvia hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive license to access and use the Services.

Access to the Services may be through interfaces provided by Harvia or through third-party applications that may utilize Harvia's publicly available API. Harvia is not responsible for any third-party applications or their functionality.

Our Services may contain trademarks, service marks, graphics and logos that may be the Intellectual Property Rights of third parties. For the avoidance of doubt, your use of our Services does not grant you any right or license to use, reproduce or otherwise exploit any third-party Intellectual Property Rights without express permission.

6. User-generated content

6.1 You are solely responsible for any content that you upload while using our Services (“User Content”). We may reject or delete any User Content that in the reasonable judgment of Harvia violates these Terms, applicable law, or third-party rights. By submitting User Content, you represent and warrant that: (a) it does not infringe any laws, contractual terms or third-party rights, and that you have the necessary permissions from any individuals whose personal data or Intellectual Property Rights appears in the User Content; (b) it is not subject to any confidentiality obligations; (c) it is free from malware, including viruses, worms, spyware, or adware; and (d) any personal data within the User Content will be handled by Harvia in accordance with the applicable Privacy Notice.

6.2 Harvia does not claim any ownership rights in your User Content. You hereby grant Harvia a non-exclusive, limited license to access, use, reproduce, and display such shared or publicly posted User Content solely for the purpose of providing the Services, developing the Services or other Harvia products, troubleshooting issues, or as reasonably necessary to fulfil your requests. Otherwise, we do not use any of the User Content except on the basis of your express consent. Notwithstanding the foregoing, any personal data contained within your User Content will be processed in accordance with our Privacy Notice.

6.3 We are not responsible for any loss, destruction or alteration of any User Content or for any resulting costs and damages, including any costs related to the recreation of such User Content.

6.4 While Harvia implements reasonable security measures to protect the information and User Content you transmit, you acknowledge and accept that internet transmissions are never completely secure or error-free. Any information or User Content you transmit, even if encrypted, may be intercepted, corrupted or accessed by unauthorized parties. You assume all risk associated with such transmissions and release Harvia from any and all liability associated with such information and User Content.

6.5 EU Data Act Compliance. Some of the products that you may purchase from us are considered connected products within the meaning of Article 2(5) of Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (“Data Act”).

6.5.1 You (as the user) agree that we (as the data holder) may use readily available data (as defined in Article 2(17) Data Act) that are non-personal data generated by your use of such connected products only for the following purposes:

a) performing any agreement with you or activities related to such agreement (e.g. issuing invoices, generating and providing reports or analysis, financial projections, impact assessments, calculating staff benefit);

b) providing support, warranty, guarantee or similar services or assessing your, our or a third party’s claims (e.g. regarding malfunctions of the connected product) related to the connected product or a related service;

c) monitoring and maintaining the functioning, safety and security of the connected product or related service and ensuring quality control;

d) improving the functioning of any product or related service offered by us;

e) developing new products or services, including artificial intelligence (AI) solutions, by us, by third parties acting on behalf of us (i.e. where we decide which tasks will be entrusted to such parties and benefits therefrom), in collaboration with other parties or through special purpose companies (such as joint ventures);

f) aggregating these data with other data or creating derived data, for any lawful purpose, including with the aim of selling or otherwise making available such aggregated or derived data to third parties, provided such data do not allow specific data transmitted to us from the connected product to be identified or allow a third party to derive those data from the dataset.

6.5.2 We may share readily available data that are non-personal data with third parties if:

a) the readily available data is used by the third party exclusively for the following purposes:

i) assisting us in achieving the purposes permitted under section 6.5.1;

ii) achieving, in collaboration with us or through special purpose companies, the purposes permitted under section 6.5.1; and

b) we contractually bind the third party not to further share that readily available data received from us.

6.5.3 Any personal data will be handled by Harvia in accordance with the applicable Privacy Notice.

7. No Warranty, Limitation of liability

7.1 Customers outside Germany. If you are a resident outside the Federal Republic of Germany this section 7.1 shall apply:

7.1.1 No Warranty. YOU ACCEPT THAT EXCEPT AS OTHERWISE EXPRESSLY AGREED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARVIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY IMPLIED AND EXPRESS WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, CORRECTNESS, AVAILABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TOGETHER WITH ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. HARVIA EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HARVIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ITS WEBSITES AND SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE SERVICES OR RELATED CONTENT RESULTS IN THE NEED TO REPAIR OR REPLACE HARDWARE, OR LEADS TO THE LOSS OF REVENUE OR DATA, HARVIA SHALL NOT BE LIABLE FOR SUCH COSTS OR LOSSES.

7.1.2 Remote use: YOU ACKNOWLEDGE THAT THE SERVICES MAY ALLOW FOR REMOTE OPERATION OF THE SAUNA HEATER (E.G., STARTING THE HEATER REMOTELY) AND AGREE TO USE THIS FUNCTIONALITY RESPONSIBLY. PRIOR TO ACTIVATING THE HEATER REMOTELY, YOU MUST ENSURE THAT THE SAUNA HEATER AND SURROUNDING AREA ARE FREE OF ANY FLAMMABLE OR COMBUSTIBLE MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT REMOTE OPERATION OF THE SAUNA HEATER COMPLIES WITH APPLICABLE LAWS AND SAFETY REGULATIONS.

7.1.3 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARVIA, ITS AFFILIATES (INCLUDING THE MEMBERS OF THE HARVIA GROUP), OR ITS OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “HARVIA PARTIES”) BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE HARVIA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT WHERE OTHERWISE PROHIBITED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE HARVIA PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HARVIA DURING THE SIX (6) MONTHS PRECEDING THE DATE THE FIRST CLAIM AROSE. IF YOU HAVE NOT MADE ANY PAYMENTS DURING THAT PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY MANDATORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HARVIA OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HARVIA.

7.1.4 Indemnification: You agree to indemnify, defend, and hold harmless the Harvia Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (i) your use of the Services; (ii) your actual or alleged breach of these Terms or violation of any applicable laws or regulations; and (iii) any allegation that your User Content or User Data infringes, misappropriates, or otherwise violates the Intellectual Property Rights of any third party, or breaches any applicable legal or regulatory obligation. You agree to cooperate as fully and reasonably as reasonably required by Harvia in the defense of any such claim. Harvia retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Harvia Parties under the terms and provisions of this indemnity and in no event shall you settle any such claim without Harvia’s prior written approval. Harvia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Harvia in asserting any available defenses at your sole expense.

7.2 Customers in Germany. If you are a resident in the Federal Republic of Germany this section 7.2 shall apply instead of section 7.1:

7.2.1 Warranty. The Services are provided on an "as is" and "as available" basis. This does, HOWEVER, not affect our obligation to meet agreed specifications or comply with mandatory statutory requirements under German law, nor does it affect your statutory rights.

7.2.2 Responsible Use and Safety.

YOU ACKNOWLEDGE THAT THE SERVICES MAY ALLOW FOR REMOTE OPERATION OF THE SAUNA HEATER (E.G., STARTING THE HEATER REMOTELY) AND AGREE TO USE THIS FUNCTIONALITY RESPONSIBLY. PRIOR TO ACTIVATING THE HEATER REMOTELY, YOU MUST ENSURE THAT THE SAUNA HEATER AND SURROUNDING AREA ARE FREE OF ANY FLAMMABLE OR COMBUSTIBLE MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT REMOTE OPERATION OF THE SAUNA HEATER COMPLIES WITH APPLICABLE LAWS AND SAFETY REGULATIONS.

7.2.3 Limitation of Liability.

(1) Nothing in these Terms limits or excludes our liability for damages resulting from WILFUL MISCONDUCT or gross negligence; damages arising from the negligent injury to life, body, or health; or Claims under mandatory statutory provisions, such as under the German Product Liability Act.

(2) For paid Services, in cases of slight negligence, we are liable only for breaches of essential contractual obligations (so-called cardinal obligations). Cardinal obligations are those obligations that are essential for the proper performance of the contract and on which you may reasonably rely. In such cases, our liability is limited to the foreseeable, typically occurring damage.

(3) Except as provided under (1) or (2) above, and for unpaid Services, we are not liable for damages caused by slight negligence.

(4) The above liability limitations shall also apply in favor of Harvia’s affiliates (INCLUDING THE MEMBERS OF THE HARVIA GROUP), as well as their respective employees, representatives, organs and vicarious agents.

7.2.4 Indemnification. The provisions of section 7.1.4 shall apply unless you are a consumer within the meaning of Section 13 German Civil Code (BGB), meaning you conclude this contract primarily for private purposes and not for your trade, business, or profession.

8. Other terms

8.1 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining terms or parts thereof shall remain in full force and effect.

8.2 Waivers: The failure of Harvia to require or enforce strict performance by you of any provision of these Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Harvia’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Harvia of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by Harvia shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Harvia.

8.3 Entire Agreement: These Terms and any documents expressly incorporated by reference herein, contain the entire understanding of you and Harvia, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Harvia with respect to the Services.

8.4 Artificial intelligence: Our products and services may use artificial intelligence. For example, a sauna heating system can be equipped with AI that has learning capabilities and can detect abnormal or irregular situations. The use of AI improves the safety and efficiency of services, while providing the possibility to adapt the functions to the user's needs. The use of AI is always communicated in advance so that users are aware of its functioning and its benefits. Subject to your express consent or if such data is anonymized, Harvia may use your non-personal data, including interactions with the AI component of the Services and/or the way you use the Services to train our AI models, and to improve the Services and for other similar purposes.

8.5 Notices: We may notify you via notices in the Services, via e-mail, via prompt requiring your acknowledgement in the Services or any other means of communication using the contact information you provide to Harvia. All notices given by you or required from you under these Terms must be in writing or in text form and addressed to us using the current contact details available in the relevant Service (application or on our website, for example). We are not responsible if you use outdated or incorrect contact information.

8.6 Subcontractors: Harvia may subcontract the performance of its obligations, in whole or in part. Harvia remains fully responsible for the acts and omissions of its subcontractors as if they were its own.

8.7 Assignment: Harvia may assign or delegate these Terms, in whole or in part, to any person or entity, including Harvia’s affiliates, at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without Harvia’s prior written consent, and any unauthorised assignment and delegation by you is ineffective.

8.8 Force Majeure: Harvia shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

9. Applicable law and dispute resolution

9.1 Customers in the United States: If you are a resident of the United States, this section 9.1 shall apply. These Terms are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application. You and We agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between you and us, except as provided in this Section. Any and all disputes may include, but are not limited to: (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement; and (iii) claims that may arise after the termination of these Terms.

Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us. When you contact us, you must provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and We agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and We agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.

Binding Arbitration. If We do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the subsection entitled Initial Dispute Resolution above, then either party may initiate binding arbitration in the State of California as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below). Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, your use of the Services, and/or any and all disputes arising out of or relating to the Services shall be finally settled by binding arbitration administered by JAMS in accordance with either: (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Contact information for JAMS, as well as copies of the JAMS rules and applicable forms, are available at www.jamsadr.com.

Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Filing a Demand. To start an arbitration, you must do all three of the following: (i) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration form at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (iii) send one copy of the Demand for Arbitration to us in accordance with section 8.5 above.

When you initiate arbitration against us, you are required to pay up to $250 of the filing fee to initiate arbitration. To the extent the filing fee for the arbitration exceeds that amount, We will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, We will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration shall take place in California, and you and We agree to submit to the personal jurisdiction of any federal or state court in California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and We expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this subsection entitled “Class Action Waiver” is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its Intellectual Property Rights. For purposes of this Section, “Intellectual Property Rights” does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. You and We agree that to the extent that either party has a good faith belief that a dispute falls within the jurisdiction of the small claims court in the U.S. county (or parish) of your residence, either party may elect to have such dispute adjudicated in such small claims court. Such election can be made by either party even after the other party initiates an arbitration. In such case, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court. You and We agree that in the situation where an arbitration is already initiated and one party invokes the small claims court option, any dispute regarding whether the dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless the small claims court is unwilling to do so) and not the arbitrator or JAMS.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to us in accordance with section 8.5 above. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) the effective date of these Terms or (ii) the date that you first used the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this Section. If you opt out of these arbitration provisions, we also will not be bound by them.

Changes to This Section. We will provide thirty (30) days’ notice of any material changes to this Section in accordance with section 8.5 above, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.

Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

9.2 Customers in Canada: If you are a resident of Canada, this section 9.2 shall apply. These Terms shall be governed by the internal laws of the province of Ontario and the federal laws of Canada applicable in that province. For all legal proceedings, these Terms shall be deemed to be brought in the Province of Ontario and, accordingly, the courts of the Province of Ontario shall have jurisdiction over any action relating thereto, unless it is a matter that is subject only to the jurisdiction of the federal courts. Subject to the Terms contained in this contract, the parties consent to the jurisdiction of the courts of the Province of Ontario and the Federal Courts of Canada and waive any objection to venue or inconvenient forum. You also waive your right to trial by jury in any proceeding relating to these Terms or their enforcement.

9.3 Customers in Germany: If you are a resident of the Federal Republic of Germany, this section 9.3 shall apply. These Terms are governed by the laws of the State of the Federal Republic of Germany regardless of conflict of law provisions. If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and us shall be Munich. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

9.4 Customers in other countries: The interpretation and enforcement of these Terms and any disputes arising therefrom shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Harvia must be resolved exclusively by a court of first instance located in Helsinki, Finland. If you are a consumer based in the EU or EEA, you may also make use of an out-of-court alternative to resolve disputes listed here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en. If you are a resident of Finland, you may turn to the Finnish Consumer Disputes Board: https://www.kuluttajariita.fi/fi/. You may also recourse to alternative dispute resolution and refer a dispute to the consumer disputes board or other corresponding out-of-court institution in your domicile. Please note that Harvia may not be required to accept the use of alternative dispute resolution platforms.

If the jurisdiction of your domicile prohibits Harvia from enforcing the governing law provision, nothing in these Terms limits your rights based on the laws governing your domicile.