GS1 Data Terms of Use

GS1 Data is a suite of services provided by GS1 Finland for managing and sharing or receiving different types of product data. These Terms of Use apply to the following GS1 Data service modules:

GS1 Data Tuotekoodit: create and maintain GTINs and barcodes for products. Use is included in the annual fee for the GS1 Company Prefix.
GS1 Data Sijainti- ja osapuolikoodit: create and maintain GLNs for locations and parties. Use is included in the annual fee for the GS1 Company Prefix.
GS1 Data Tuotetiedot: store and share or receive product information. A separate annual fee is charged for use of the service.

1. Right of Use and User Credentials

The Customer's right to use the Service commences when GS1 notifies the Customer that the Service is available for use and provides the user credentials associated with the Service (hereinafter the Credentials) to the Customer's administrator by email for the purpose of logging in to the Service.

The right of use entitles the Customer to use the Service in accordance with the service description and these Terms of Use. The right of use does not entitle the Customer to alter, modify, distribute or copy the Service or any part thereof, or to use the Service to provide services to third parties.

The Customer may not transfer the right of use under this Agreement to a third party. If the Customer wishes to use the Service together with another cooperation partner, GS1 will, at the Customer's request, negotiate with that cooperation partner regarding use of the Service.

The administrator may create Credentials for other members of the Customer's organisation. The Customer is responsible for safeguarding the Credentials and for all use of the Service with its Credentials.

The Customer undertakes to notify GS1 without delay of any suspected misuse of the Credentials. The Customer's responsibility for use of the Service with its Credentials ends when GS1 has received the Customer's notification or otherwise detected the misuse.

GS1 has the right to change the Credentials or require the Customer to change them if necessary, for example due to a serious information security threat to the Service.

2. Changes to Contact Details

The Customer must notify GS1 without delay of any changes concerning:

the Customer's name or Business ID
address
contact person and their email address
billing information
other information provided by the Customer in the Agreement that may reasonably be assumed to be relevant to GS1.

When processing personal data, GS1 acts as the data controller in accordance with applicable data protection legislation and undertakes to comply with all provisions governing the processing of personal data.

3. Service Level and Interruptions

The Service is available 24 hours a day, seven days a week. GS1 aims to provide the Service with an availability of at least 98%.

GS1 has the right to temporarily suspend the Service where necessary due to maintenance, servicing or another similar reason. GS1 will ensure that the interruption is as brief as possible and occurs at a time and in a manner that causes the least possible inconvenience to users of the Service. GS1 will notify the user of the Service by email of known and planned service outages at least seven (7) days before the outage. GS1 will notify the user by email of other service outages without delay after becoming aware of the need for the outage.

GS1 is not liable to compensate the Customer for any costs, losses or damage arising from an interruption unless GS1 has acted intentionally or with gross negligence.

GS1 has the right to prevent a user from accessing the Service if the user uses the Service in breach of the Agreement or GS1 has reasonable grounds to suspect such use. GS1 will notify the contact person designated by the Customer by email without delay of the suspension and the reason for it.

4. Maintenance and Development of the Service

GS1 is responsible for the continuous maintenance and development of the Service and has the right to make changes to the Service. If, in GS1's view, a change to the Service materially affects the content of the Service, GS1 will notify the Customer of the change in writing at least thirty (30) days before the effective date of the change. If the Customer does not accept the change, the Customer has the right to terminate the Agreement with effect from the notified effective date of the change by notifying GS1 in writing before that date.

GS1 has the right to use subcontractors in providing the Service.

5. Rights to the Service

Title and copyright in the Service, any changes made to it and its new functionalities, as well as all other intellectual property rights, belong to GS1 or a third party. The Customer is granted no rights to the Service other than the right of use referred to in Section 1 of these Terms of Use for the term of the Agreement.

To the extent specified in this Section, GS1 owns all changes, and any intellectual property rights contained therein, that the Customer or a third party implements in the Service for the Customer as agreed and with GS1's written consent, for example in connection with further development work. Such a change is, however, covered by the Customer's right of use referred to in Section 1. The Customer is responsible for ensuring that such a change and its use by GS1 do not infringe any third-party intellectual property rights.

The Customer retains all title and intellectual property rights in the data and materials entered by the Customer into the Service, without prejudice to the rights of use granted to GS1 in such materials under these Terms of Use. In all other respects, all rights in data and materials relating to the Service or generated in connection with its use belong exclusively to GS1 or its cooperation partner.

6. References

GS1 has the right to name the Customer as a reference in communications and marketing relating to the Service.

7. Intellectual Property Infringement

GS1 warrants that the Service does not infringe any third-party intellectual property rights.

GS1 is obliged, at its own expense, to defend the Customer against any claim that the Service infringes a third party's intellectual property rights, provided that the Customer promptly notifies GS1 of the claim in writing, allows GS1 to control the defence, and, at GS1's request, provides GS1 with all necessary information and assistance available to it and the necessary authorisations.

If GS1 reasonably considers, or a court has determined, that the Service infringes a third party's intellectual property rights, GS1 has the right, at its own expense and option, either (i) to obtain for the Customer the right to continue using the Service or (ii) to modify the Service so that the infringement ceases. If neither of the above alternatives is available to GS1 on reasonable terms, the Customer must cease using the Service at GS1's request.

However, GS1 is not liable for a claim that (i) is made by an entity that controls the Customer or is controlled by the Customer within the meaning of the Finnish Accounting Act, (ii) arises from a change made to the Service by the Customer, (iii) arises from use of the Service in combination with a product or service not approved by GS1, or (iv) could have been avoided by using a released product or service that GS1 made available to the Customer at no additional charge.

8. Information Security and Data Protection

GS1 and the Customer are each responsible for the information security of their own information systems and networks. Neither party is responsible for the security of the public internet, any disruptions that may occur in it, any other security factors beyond its control that impede use of the Service, or any resulting damage.

GS1 is responsible for ensuring that the Customer's data and materials are effectively protected against unauthorised access, alteration and destruction, including after termination of the Customer's Agreement.

Each party must notify the other party without undue delay of any significant information security risks or breaches, or suspected risks or breaches, that it detects and that jeopardise the Service or its use.

Each party must, to the best of its ability, prevent any information security breaches it detects and immediately take measures to eliminate or mitigate their effects.

At GS1's request, the Customer undertakes to assist in investigating information security breaches.

9. Confidentiality

The Customer and GS1 undertake to keep confidential all materials and information designated as confidential by a party or reasonably understood to be confidential, and not to use them for any purpose other than those set out in the Agreement.

The confidentiality obligation does not, however, apply to materials or information that:

is generally available or otherwise in the public domain
a party has received from a third party without an obligation of confidentiality
was in the possession of the receiving party without an obligation of confidentiality before it was received from the other party
a party has developed independently without using confidential materials or information received from the other party
must be disclosed or made public pursuant to a decision of a public authority or a statutory obligation.

10. Liability and damages

GS1's liability in respect of the Service is conditional upon the Customer using the Service in accordance with the Agreement and the related service description and Terms of Use.

In all cases, a party's liability to the other party is limited to the amount paid by the Customer to GS1 for use of the Service during the twelve (12) months preceding the occurrence of the damage. Any claim for compensation must be made no later than one year from the date on which the Customer became aware, or should have become aware, of the circumstance on which the claim is based.

Neither party is under any circumstances entitled to compensation for indirect damage, such as loss of profit or operating income, reputational damage, or data lost by the Customer in the Service. However, the limitations of liability do not apply where damage has been caused intentionally or through gross negligence, or by breaching provisions concerning confidentiality, compliance with competition law, or intellectual property rights.

11. Force Majeure

GS1 is not liable for damage caused by force majeure or another similar reason that makes GS1's operations unreasonably difficult. Force majeure includes war, a general strike, overvoltage in the electricity grid, interruption in the supply of energy or another essential commodity, or a disruption in the public telecommunications network that prevents the service provider from fulfilling its contractual obligations and that the service provider could not reasonably have taken into account or prevented, or the effects of which it could not have overcome.

If performance of a contractual obligation is delayed for any of the reasons referred to in the preceding paragraph, the time for performance will be extended for as long as is considered reasonable in view of all the circumstances affecting the matter. The Customer will be notified without delay of the force majeure event and its end on the services' website.

12. Term and Termination of the Agreement

The Agreement is valid until further notice and continues for one calendar year at a time unless the Customer terminates it before the end of the preceding calendar year. Notice of termination must be submitted in writing to laskutus@gs1.fi. If the Customer terminates the Agreement after paying the annual fee, the annual fee for that year will not be refunded.

Without prejudice to any other remedies available to GS1 under the Agreement or applicable law, GS1 has the right to terminate the Agreement with immediate effect if:

the Customer breaches Section 1 of these Terms of Use.
GS1 has prevented the Customer from accessing the Service due to late payment and the Customer has not made the required payment within fourteen (14) days of access being prevented.

Either party has the right to terminate the Agreement with immediate effect if:

the other party has materially breached the Agreement and has not remedied the breach within fourteen (14) days of receiving written notice from the other party
the other party files for or is declared bankrupt or is otherwise found to be insolvent
the force majeure event referred to in Section 11 has continued without interruption for more than two (2) months.

13. Assignment of the Agreement

The Customer may not assign the Agreement to a third party without GS1's written consent. Notwithstanding the foregoing, the Customer has the right to assign the Agreement to another company within the same group by notifying GS1 of the assignment in advance.

GS1 may not assign the Agreement to another company within the same group or to a third party in connection with a business arrangement without the Customer's consent.

GS1 has the right to assign its receivables under the Agreement to a third party. After notice of the assignment of receivables, payments may validly be made only to the assignee.

14. Governing Law and Dispute Resolution

The Agreement is governed by the laws of Finland. Any dispute arising out of or relating to the Agreement will be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitral tribunal will consist of one arbitrator. The seat of arbitration will be Helsinki, Finland, and the language of the arbitration will be Finnish.