- These general terms and conditions (the Terms) contain the terms under which independent creators or managers of creators (each a Creator) may use and provide content to Boksi.com GmbH (HRB 248996B) in Germany and elsewhere to Boksi.com Solutions Oy (business ID: 2913651-8) (together Boksi) online services through a platform (the Platform) developed and maintained by Boksi (the Service) by which third-party advertisers or other end-customers (each, a Customer) may order custom creative assets and marketing campaigns (each a Campaign).
- These Terms govern the Creator partaking in the following Services:
- Creator marketing campaigns (Influencer Campaigns);
- creation of bundles of creative assets such as photographs and videos (Content) for Customers (the Content Creation Service);
- making such Content available to the Customer that has been produced for the Customer’s previous Influencer Campaigns;
- making such Content available to the Customer that has been produced for the Customer’s previous Content Creation Services (the Content Library). All the Content of an Influencer Campaign and Content Creation Service is automatically stored into the Creator’s Content Library.
- other services available at the Platform at any given time.
- These Terms enter into force when a Creator creates an account to the service and approves the Terms on the Service. Creators may not participate in a Campaign or upload any Content on the Service if they have not accepted these Terms. In addition, in Germany, Creators can participate in the Services only if they have registered a company (Gewerbe) and can issue invoices.
- In case there are discrepancies between these Terms and a Content Brief or other such agreements, including more specific terms any Campaigns or Content, the differing terms shall prevail over these Terms.
- These Terms replace and terminate any prior agreements between the parties relating to the Service. Notwithstanding the above, any Influencer Campaigns or Content Creation Services already accepted prior to accepting these Terms are to be completed normally according to the agreements under which they were agreed upon.
2. Influencer campaigns
- Applications and invitations to Influencer Campaigns
- After a Customer has ordered an Influencer Campaign from Boksi, Boksi or the Customer (i) publishes an open invitation to the Influencer Campaign in the Service and the Creator may apply to the Influencer Campaign or (ii) invites Creator to participate in the Influencer Campaign without separate application process. Not all Influencer Campaigns are made available to all Creators.
- Boksi and/or the Customer will confirm to the Creator separately whether the Creator has been accepted to participate in the Influencer Campaign. The Customer may, within 24 hours of such confirmation, cancel the Creator’s participation in an Influencer Campaign in which case the Creator is not entitled to any compensation under the Influencer Campaign. However, if the Creator has already submitted a draft that has been produced in accordance with Paragraph 5, the Customer is liable to pay 50% compensation of the price related to the Content in question.
- The invitations contain general information about the Campaign that the Customer desires to order. The Customer may also provide the Creators with a campaign brief (the Campaign Brief), which contains a description of the campaign posts (each, a Campaign Post). The Campaign Brief also includes the technical and audiovisual requirements for the Campaign Post, details of the Customer’s materials or products to be included in the Content, the deadline for the submission of the Content; and other requirements for the Content, such as the industry-specific regulatory requirements to be complied with for the Campaign Post(s) and the platform on which the Customer requires the Campaign Post(s) to be published.
- Campaign Posts
- Upon Creator’s acceptance to an Influencer Campaign, the Creator is obligated to prepare a draft of the Campaign Post(s) as required under the Campaign Brief and upload draft version(s) of the Campaign Posts to the Service prior to publishing them. By uploading a draft of the Campaign Post to the Service, the Creator grants to Boksi a worldwide, exclusive, permanent, irrevocable, royalty-free license to make available such draft Campaign Post to the Customer through the Service. The license is granted to Boksi free-of-charge.
- The Creator is obligated to make changes to the draft of the Campaign Post(s), at the request of the Customer and/or Boksi, without any separate compensation, if the Campaign Post(s) deviated from the Campaign Brief or if the requested changes are otherwise considered reasonable. The Creator is not responsible for any changes the Customer wishes to make to Campaign Posts that are not mentioned in the Campaign Brief.
- The Creator may not post a Campaign Post on any social media platforms before such Campaign Post has been approved by the Customer or Boksi in the Service. Upon such approval, the Creator shall post the Campaign Post(s) as required under the applicable Campaign Brief on the selected posting date.
- In case the Creator does not upload a draft of the Campaign Post to the Service and post the approved Campaign Post(s), as required under the Campaign Brief on the agreed posting date, the Creator is not entitled to remuneration for the Campaign Post. In addition, the Creator is required to compensate Boksi an amount equivalent to the remuneration for such Campaign Post(s) except for situations where the non-performance by the Creator has resulted from a force majeure event. Notwithstanding the above, the Creator and the Customer may agree about terms deviating from the above in writing. Force majeure events include events arising out of or caused, directly or indirectly, by circumstances beyond the Creator’s reasonable control, including floods, wars, acts of terrorism, strikes, epidemics, power failures, governmental actions, computer failures or any similar circumstances (Force Majeure Event). The Creator must inform Boksi without unnecessary delay of any issues that may lead to delays in performance or non-performance of the Creator’s obligations under the Influencer Campaign.
- The Customer may require in the Campaign Brief that certain materials (such as the Customer’s products) be included in the Campaign Post, the costs of which are included in the overall Campaign price unless otherwise agreed upon separately. The Creator is responsible for obtaining all other materials and equipment needed for the preparation of the Campaign Post, such as props, premises, cameras, computers, licenses and editing software. Travel costs accrued in connection with the creation of the Campaign Posts are only compensated if so is separately agreed upon in the Content Brief.
- In cases where the Customer sends a Creator products, material or equipment for the completion of the Campaign Post:
- the Creator has to compensate for the cost of the said items if they do not provide the service as agreed in the Content Brief.
- the Creator may terminate the Campaign, if the delivery of the said items is delayed for more than 30 days.
- The Creator is obligated to respond to questions from the Creator’s followers or third parties regarding the Campaign Post and inquiries related to the collaboration featured within the Campaign Post, including questions about the product, service, or the Customer.
- All the Content of an Influencer Campaign is automatically stored into the Creator’s Content Library unless the Creator has specifically taken the Content out of the Customer's access. From the Content Library a Customer can order Content produced by Creators for earlier Campaigns and the terms of Section 3 are applied.
- The Creator undertakes
- not to remove any posted Campaign Posts from social media accounts without a written consent from Boksi prior to six (6) months from their original publication date. In the event of such removal, the Creator shall refund to Boksi the remuneration paid for the Campaign Post unless otherwise agreed upon in the Content Brief.
- not to publish any other advertisements, commercial collaborations, or other collaborations both 12 hours before and after the publication of the Campaign Post.
- to maintain a minimum one-week interval both before and after the publication of the Campaign Post before engaging in any other advertisements, commercial collaborations, or other collaborations with direct competitors of the Customer, including directly competitive products and services. For the avoidance of doubt, it is stated that any other broader non-compete agreement must be separately agreed upon with the Customer.
- The Creator hereby agrees and consents to the Customer sharing the Creator’s Campaign Posts on the agreed media (organic reposting), except as otherwise specifically agreed. Customer retains all rights to repost posts from this campaign in their own channels during the campaign period and one (1) month after the campaign period has ended.
- By posting a Campaign Post, the Creator grants to Boksi, free of charge, a worldwide, non-exclusive, permanent, irrevocable, royalty-free license to store, archive and publicly display the Campaign Post for its own quality control and marketing purposes. In addition, Boksi may, regardless of any licenses, use the Creator’s content, profile and statistics in its Platform demonstration materials and as part of their marketing purposes, however, in such a way that the content does not play a significant role in the marketing.
- Boksi pays the remuneration as agreed between the Creator and the Customer during the application process of an Influencer Campaign after the Creator has posted the Campaign Post(s) in accordance with the Campaign Brief. The payment is transferred to the Creators wallet after a 7-day inspection period after all the agreed Content have been connected to Boksi. After the payment is transferred to the Creator’s wallet, the Creator can withdraw it at any time. The payment to the Creator’s selected bank account is completed within 3-5 banking days. For the avoidance of doubt, no participation fee is paid for Influencer Campaigns and the remuneration payable to the Creator is set out in the Campaign. The remuneration may differ between Influencer Campaigns.
- By accepting the invitation or applying to an Influencer Campaign, the Creator agrees to post Campaign Post(s) in accordance with these Terms and the Campaign Brief. In the event the Campaign Post(s) do not fulfill such requirements, the Creator is not eligible for receiving compensation set out under Section 2.3.
- The remuneration for the Influencer Campaign can be paid to the Creator via Gigapay Sweden AB (“Gigapay”). Gigapay is a third-party provider that facilitates onboarding and payment of compensation to the Creator. Depending on the information provided to Boksi, the Creator will be invited to join Gigapay via SMS or email. The Creator must accept Gigapay's terms and conditions to access Gigapay and will be able to select their preferred payout solution after completing the onboarding process. During the onboarding process, the Creator will be required to submit information and will be able to onboard as an individual, a sole trader ("Einzelunternehmer" in German and ”Toiminimi” in Finnish), or a company. Swedish Creators and/or Creators performing the Influencer Campaign from Sweden may also onboard as a self-employed worker (“egenanställd” in Swedish) on Gigapay. In that case, the form of employment through Gigapay is special fixed-term employment according to Section 5 of the Employment Protection Act (LAS). Employment through Gigapay is subject to conditions, including but not limited to, that the Creator has been approved and registered by Gigapay and that the Creator has committed to an assignment through Gigapay. If the Creator has posted the Campaign Post(s) according to these Terms and the Campaign Brief, the payment is transferred to the Creator's Gigapay account after a 7-day inspection period after all the agreed Content has been connected to Boksi. After the payment is transferred to the Gigapay account, the Creator will be notified by Gigapay, with detailed payment and invoicing instructions. The Creator will thereafter be able to withdraw the payment at any time. The Creator will be able to pick different payout options such as for example bank transfer or swish. Additional costs may incur depending on the payout solution selected by the Creator. The payment to the Creator’s selected bank account is completed within 0-5 banking days. When the Creator submits their own invoice to Gigapay, the due date is set to 15 days. For the avoidance of doubt, no participation fee is paid for Influencer Campaigns and the remuneration payable to the Creator is set out in the Campaign. The remuneration may differ between Influencer Campaigns.
- Boksi deducts a commission in the form of a platform fee from the remuneration for the Influencer Campaigns, which is specified in the Campaign.
3. Content Creation Service
- Campaign Brief and the Content
- Sections 2.1.3 regarding Campaign Briefs and 2.2.5 regarding materials and other costs as defined in the Campaign Brief also apply to Content Creation Services.
- The Creator uploads the Content to the Service to be offered to the Customer. When the Content has been uploaded to the Service under the Content Creation Service, the Content is automatically stored into the Creator’s Content Library, from where the Customer may, at its sole discretion, select to purchase a license to one or more pieces of Content.
- The Content fee
- If the Customer purchases a license through the Service to Content provided by the Creator, Boksi pays to the Creator a one-time fixed fee per each piece of Content to which the Customer has purchased a license (the Content Fee). Boksi also pays the Content Fee to the Creator if a Customer purchases a license to a piece of Content stored in the Content Library. The Content Fee can be found on the Campaign description.
- Boksi may also purchase a Content License (as defined below) to Content stored in the Content Library or otherwise uploaded to the Service but not selected by the Customer, e.g. for its own marketing purposes. In such cases Boksi pays the Content Fee to the Creator. Boksi does not pay the Creator the Content fee when their content is for its own platform demonstration materials and quality control.
- Initial License
- By accepting to participate in a Content Creation Service, the Creator grants to Boksi a worldwide, exclusive, permanent, irrevocable, royalty-free license to offer the Content to: (i) the Customer under the Campaign in which the Creator has agreed to participate and to (ii) store, archive and make available the Content in the Content Library for the purposes of offering the Content to Customers (the Initial License). The Initial License is granted free of charge unless explicitly otherwise stated below, and (iii) use the Content in its own quality control and marketing purposes. In addition, Boksi may, regardless of any licenses, use the Creator’s content, profile and statistics in its Platform demonstration materials and as part of their marketing purposes, however, in such a way that the content does not play a significant role in the marketing.
- Content License
- Upon payment of the Content Fee by Boksi, the Creator automatically grants to Boksi a worldwide, exclusive, permanent, irrevocable, sublicensable, royalty-free license to reproduce, adapt, modify, distribute, publicly perform, publicly display, broadcast, make available, store, archive, sell and otherwise commercially exploit and use such Content, in whole or in part (the Content License). Boksi is entitled to grant licenses, sub-licenses and any other rights to the Content and the Content License, as well as to transfer or assign the Content License and rights granted by the Creator herein.
- If the Customer does not purchase a license to any of the pieces of Content submitted by the Creator under the Content Creation Service, Boksi pays to the Creator a one-time fixed fee (the Participation Fee). The Participation Fee is paid only once per Creator per Content Creation Service, irrespective of the number of pieces of Content of the Creator that are selected to be offered to the Customer or to be added to the Content Library.
- The Creator must refund the Content Fee for a piece of Content if Boksi notifies the Creator that such piece of Content does not fulfill the requirements laid out in Section 5 or other requirements set for Content. In such cases the Content License terminates automatically.
- By accepting to participate in a Content Creation Service, the Creator agrees to carry out the Service in accordance with these Terms and the Campaign Brief. In the event the Content does not fulfill such requirements, the Creator is not eligible for receiving compensation set out under Section 3.5.
- The amount of the Participation Fee and the Content Fee may differ between Campaigns and is set out on the Platform or communicated by other means as directed by Boksi at any given time. The applicable Participation Fee and Content Fees payable to the Creator are the sole compensation payable by Boksi or any Customer to the Creator under a Content Creation Service for the rights and licenses granted by the Creator to the Content under these Terms or in connection with the use of the Service (including for the Content License).
4. Use of Content
- By uploading Content to the Service, the Creator acknowledges and agrees that the Content will be made publicly available to Boksi’s Customers on and through the Service and such Content may be used for personal and/or commercial purposes by third parties (such as a Customer) in accordance with these Terms without the Creator receiving any attribution or compensation other than as specified under Section 2.3 (Remuneration), Section 3.3. (Content License), or Section 6. (Selection and Fees, Intellectual Property Rights) below.
By uploading Content to the Service, the Creator agrees to the following (regardless of whether the Content is purchased by the Customer or stored in the Content Library):
- the Creator shall not sell, use or otherwise exploit the Content in any way other than through the Service;
- the Creator shall not publish the Content in any channels or media, such as social media sites, websites or any other electronic or written publications;
- the Creator shall ensure that the Content uploaded to the Service is owned by the Creator and original. Content is deemed unoriginal if it is only minimally differing from other content the Creator has created in the past;
- the Creator shall not publish the Content in any channels or media if it is only minimally differing from other content that the Customer has purchased; and
- the Creator shall not sell, use, or otherwise exploit unoriginal Content on the Service. The originality of Content is evaluated by Boksi on a case-by-case basis.
such restrictions terminate automatically (separately for each piece of Content submitted), if the Creator removes the Content from the Content Library
- Boksi has a right to remove any Content from the Service at any time if Boksi deems such Content to be defective, of poor quality, or in violation of these Terms or the Campaign Brief. In such a case, the Creator will not be entitled to any compensation under Sections 2.3 (Remuneration), 3.3. (Content License), or 3.5 (Fees).
5. Requirements for Content
- The Creator represents and warrants that any Campaign Posts that the Creator makes and any Content that the Creators uploads to the Service are compliant with and fulfills the requirements of the applicable Campaign Brief and of these Terms. By making a Campaign Post or uploading Content, the Creator agrees to indemnify and hold harmless Boksi and any Customer, from and against any and all claims, losses and expenses arising out of the fact that a Campaign Post or the Content created by the Creator breaches these Terms or the Campaign Brief.
- In addition, each Campaign Post or the Content the Creator uploads must always fulfill the following requirements:
- a Campaign Post or the Content must be an original product of the Creator, and permitted to be used by the Creator in accordance with these Terms and applicable Campaign Brief without constituting any infringement upon any third party’s intellectual property rights, contractual rights or any other rights of any person or entity;
- a Campaign Post must clearly state that the Campaign Post is an advertisement for the Customer. The Campaign post must comply with the Finnish Consumer Protection Act, guidelines given by the Customer and the Finnish Consumer Ombudsman, and the International Chamber of Commerce’s Advertising and Marketing Communications Code;
- a Campaign Post or the Content may not depict or include any person who has not signed the consent document available in the Service and thereby given the Creator their written consent to being depicted or included in a Campaign Post;
- a Campaign Post or the Content may not otherwise infringe the privacy, interest, or other rights of any person;
- a Campaign Post or the Content may not contain any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene elements or depict or include any unlawful or violent, hateful or threatening or otherwise inappropriate acts;
- a Campaign Post or the Content may not offend, defame, harass or otherwise damage Boksi, any Customer or any third party;
- a Campaign Post or the Content may not infringe any third party’s intellectual property rights, contractual rights or any other rights of any person or an entity; and
- a Campaign Post or the Content may not violate any law, statute, or regulation.
If the Creator has used an assistant in connection with the creation of the Content, the Creator must ensure that such assistant signs the consent document available in the Service and transfers their intellectual property rights to the Content to the Creator.
- If the Customer so requires in writing, the Creator has to remove any of the Customer’s Campaign posts or Content that the Customer wishes to be taken down. In such case, the Customer is not entitled to any refunds for the removed content. The Customer may also require in writing for the Campaign post or Content to be altered (e.g. mistakes in the text of posts). The Creator has to make such changes within a reasonable timeframe. The Creator does not have to comply with the requests to change the posts, if the changes requested are so substantial that it would not be reasonable for the Creator to carry out the changes.
6. Intellectual Property Rights
1. Enforcement of intellectual property rights
- Upon uploading Content to the Service, the Creator authorizes Boksi to enforce any rights it or its (sub)licensees have to the Content (including initiating court proceedings against any third party whom Boksi deems to infringe upon the Content). The Creator shall support Boksi in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary documents, making the necessary assignment of rights to Boksi, as well as preparing any further declarations or documents which should be required or useful for the realization of the Content License.
- Boksi hereby grants, and the Creator hereby receives, only those rights expressly set forth in these Terms. Nothing in these Terms is construed to grant the Creator any other license or right to use Boksi’s copyrights, patents, drawings, know-how, technology, data, trade secrets, domain names, trademarks or other intellectual property rights of Boksi in relation to the Service or otherwise. All Boksi’s intellectual property rights remain the sole property of Boksi.
7. Term and termination
- Boksi can terminate these Terms, with immediate effect and without notice, if the Creator breaches these Terms or if the Creator fails to complete their obligations under these Terms or under a Campaign by more than 30 days. Boksi may also terminate these Terms, with immediate effect and without notice on serious grounds, if, for instance, the Creator acts in a way that is harmful to Boksi’s image, reputation, or business interests, by violating human dignity, acting immorally, conducting unfair commercial practices, or acting in other ways unethically.
- The Creator has the right to terminate its participation in a Campaign, with immediate effect and without notice, if the Customer breaches the Customer Terms. The Creator may also terminate its participation in a Campaign, with immediate effect and without notice on serious grounds, if, for instance, the Customer acts in a way that is harmful to Creator’s image, reputation, or business interests, by violating human dignity, acting immorally, conducting unfair commercial practices, or acting in other ways unethically. In these situations, the Creator must inform Boksi immediately.
- The termination of these Terms will not release either Party from any liability arising under these Terms prior to the termination. Upon termination of these Terms, all rights and licenses granted to the Creator or to the Creator by Boksi terminate immediately. The termination or expiry of these Terms, for any reason, does not affect the rights or licenses granted by the Creator to Content the Creator has uploaded to the Service prior to the termination of the Agreement, including the Content License.
- Sections 2.2. (Campaign posts) 3.4. (Content License), 4. (Use of Content), 6 (Intellectual Property Rights), 7 (Term and Termination), 8 (Limitation of Liability), 9.2. (Confidentiality), 9.3. (Platform Use; Communication and Further Cooperation) and 9.8. (Governing Law and Dispute Resolution) survive the termination of these Terms.
8. Limitation of liability
- The Service is provided on an ”as is” basis. Boksi does not give any warranties as to the functioning of the Service nor guarantee that the Service works without interruptions and/or flawlessly. Boksi is not liable for any direct or indirect damages incurred by the Creator due to use of false, insufficient or ambiguous information in the Service. Furthermore, Boksi is not liable for damages incurred by the Creator or any third parties caused in connection with the use of the Service or any malfunctions, technical difficulties, malware, links or interruptions therein.
- Boksi’s liability towards the Creator under these Terms is in any case limited to EUR 1 000. This limitation does not apply in cases of intentional misconduct or gross negligence and breaches of Sections Selection and Fees, Intellectual Property Rights and Confidentiality.
- Boksi is not liable for any damages or other costs accrued due to the Creator breaching Section 5.2. of these Terms or due to the lack of suitability of the Creator or the Customer.
- Neither party is liable for any delays or non-performance occurred due to a Force Majeure Event.
- Relationship between Boksi and the Creator
- Boksi and the Creator are independent contractors and under no circumstances shall the Creator be deemed an employee or agent of Boksi. The Creator does not have authority to conclude any agreements on behalf of Boksi, or in any way bind Boksi towards third parties. The Creator is responsible for all tax and other governmental and statutory obligations pertaining to the remuneration payable to the Creator under these Terms. However, Boksi has the right, but not the obligation, to declare to the tax authorities any remuneration paid to the Creator. To the extent the Creator receives a Customer’s products or services free of charge, the Creator is responsible for declaring them as taxable income on income tax return.
- The Creator’s rights under these Terms are non-exclusive and nothing set out in these Terms prevents Boksi or its affiliates from conducting similar co-operation with any other party or providing the Service in any territory.
- The Creator may not disclose to any third parties any material or information received from Boksi or any Customer through the Service, or otherwise received under these Terms or in connection with participation in a Campaign, including information concerning any Customer, any Campaign and the fact that the Creator is participating in a particular Campaign (Confidential Information), and shall not use such Confidential Information for any other purposes than for the purposes of fulfilling its obligations under these Terms. Upon termination of these Terms, the Creator must at Boksi’s request return (or destroy) any Boksi’s or Customer’s Confidential Information in their possession.
- Platform Use; Communication and Further cooperation
- All communication between the Customer and the Creators relating to the Campaign is made through the built-in communication function of the Service.
- The Platform may not be used for purposes other than those specified in Section 1.2. For the avoidance of doubt, the Platform may not be used (i) to direct its users to other platforms, software or to other services, (ii) as a search engine, where the Creator uses the Platform to search for Customers and contacts them outside the Platform, or (iii) in any other way, the aim of which is to avoid Boksi’s fees.
- The Creator may not, within six (6) months from
- the date of the latest post under an Influencer Campaign directly cooperate with a Customer that has participated in such Influencer Campaign.
- accepting an invitation to participate in a Campaign directly sell, license or otherwise transfer rights to any creative assets to the Customer who has ordered the Campaign.
- If the Creator breaches the Terms of this Section, Boksi has the right to terminate these Terms with immediate effect and without separate notice, regardless of any ongoing Campaigns. In the event of this occurring, Boksi is not obligated to pay the Creator for any ongoing or unfinished campaigns.
- The Creator may not assign these Terms without the prior written consent of Boksi. Boksi may assign these Terms to an affiliate or to a third party as part of a sale or transfer of its business operations pertaining to these Terms.
- Changes to the Service or these Terms
- Boksi has the right to unilaterally change the content and functions of the Service, as well as these Terms, in order to develop the Service or for any other reason necessary. Such changes may not, however, affect the terms of any Content License.
The changes become binding two weeks after Boksi announces the change on the Service. However, material changes to the features of the Influencer Campaign or Content Creation Service and/or the terms of these General Terms and Conditions shall not affect the terms of any outstanding Campaigns and orders for Content.
- Boksi has the right to unilaterally change the content and functions of the Service, as well as these Terms, in order to develop the Service or for any other reason necessary. Such changes may not, however, affect the terms of any Content License.
- Campaign Analytics
- Upon the Customer’s request, the Creator provides to the Customer the analytic data of the Content using the built-in analytics tools of the platform the Content was uploaded to. The Creator shall also, upon request, provide this data to Boksi. If the Creator's access to the service is interrupted during the Campaign, or for any other reason, Boksi and/or the Customer cannot obtain the necessary Campaign analytics from the Platform, the Creator is obligated to provide the analytics separately. For the avoidance of doubt, it is stated that reporting is an integral part of the Campaigns and, therefore, a prerequisite for payment of the fees and/or remunerations payable to the Creator.
- Governing law and dispute resolution
- These Terms are governed by and construed in accordance with the laws of Finland, excluding the application of its conflict of law rules.
- The courts of Finland have the exclusive jurisdiction to settle any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof. The District Court of Helsinki (Helsingin käräjäoikeus) shall be the court of first instance.