Effective date: October 13, 2022
Use of Kubios services (“Services”) requires and indicates that you accept the terms and conditions described below. We encourage you to read the terms carefully. Use of some Services subject to a charge require that you also accept additional or special Service-specific terms or End User License Agreement (EULA) of those Services.
Creating and managing a user account
To use our Services, you need to create a user account. When you create an account, you are asked to provide your name and email address but also certain information (age, gender, height, weight, max heart rate) required to enable the functionality of the Services provided to you. We request this information to be able to provide you accurate personalized data, such as personalized energy expenditure or training intensity.
When you create an account, we confirm your email address and ask your permission for certain data-processing actions: permission to handle personal data (including sensitive personal information such as heart rate data), and permission to share anonymized data collected from you with third party research organizations for academic research purposes only (we like to support scientific research and therefore we ask for your consent to this matter). When you create an account, your data is stored on Kubios administered servers (provided by a third party), which are located in the EU/EEA area, for a duration of three years. Your data will not be transferred outside the EU/EEA area.
Use of services
To use our Services, you need a third party device to make heart rate measurements (beat-to-beat or IBI measurement required). In order to use Kubios mobile application, you need a smartphone or a tablet to create and manage your account, to perform daily recovery measurements and custom measurements. In order to use our desktop applications, you need a computer to create and manage your account and to access the measurements you have made by using our mobile application.
Kubios services are mainly for wellbeing, training and recovery monitoring purposes. Please note that if you have any medical conditions, you should consult your doctor before using our Services during physical exercise or training. Kubios is not responsible for your health and cannot guarantee that you are able to exercise or train.
Use of Data and personal data
By submitting data (that you own or otherwise have the right to submit to our services), you are granting Kubios a worldwide non-exclusive, uncompensated, royalty-free, transferable, sub-licensable right to use, reproduce, present in public, edit, translate, and share your data or personal data. The ownership rights of your data or personal data are not transferred to Kubios.
Furthermore, Kubios will not transfer or share any personal data to any other third parties than server administrators. Any personal data subject to the grant of right to Kubios above will be anonymized, pseudonymized or otherwise used in a manner in which no link or connection to you or any other individual Service user can be created.
Except for any data submitted by you to our Services, any content of Kubios Services (e.g., images, icons, photographs, graphics, sounds, music, videos, software, algorithms, scores, or hints) are owned or licensed by Kubios and protected under copyright and other intellectual property right laws. Any rights to such content not expressly granted herein are reserved.
License for Services
The Services that you use may be or may become subject to charges. Any fees charged by Kubios will be announced separately in connection with the Service. No fees that have already been paid will be refunded if the customer decides to stop using that Service before the end of agreed or paid subscription.
Use of Kubios Services may involve transmission of data through your service provider’s network or from the use of mobile data and/or internet. Your network service provider may charge for such data transmission. Kubios is not responsible for the payment of any such charges, nor is Kubios responsible for the availability or operation of your network connection.
The Services may not be available in some countries and may be provided only in selected languages. Kubios reserves the right, at its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. Kubios may also decide to discontinue the Services or any part thereof at its sole discretion. In such case you will be provided a prior notification. Kubios shall not be liable to you or any third party for the possible discontinuance of the Services or any part thereof.
Third Party Services
You may be able to export your data, or part of it, and transfer or share your data to third party services. Kubios is not responsible for the data once it is transferred out of Kubios services. Kubios takes no responsibility related to the use of third party services.
Disclaimer and Limitation of Liability
The Services (including without limitation the related documentation) are provided on an “as is” and “as available” basis, without warranty of any kind, including without limitation the warranties that the Services will be uninterrupted, free of errors or defects or fit for a particular purpose. You expressly agree and acknowledge that the use of the Services is at your sole risk, and you shall be fully liable for the use or applying of any results or information provided by the Services. Kubios is not liable for any actions or consequences whatsoever related to your use of the Services and you shall also be fully liable for any actions you decide to carry out or not to carry out after the use of the Services.
In no event shall Kubios, any of its suppliers, distributors or its licensors be liable for any direct, indirect, special, incidental, or consequential damages arising out of the installation or use of or inability to use the Services, including without limitation damages for loss of profit or goodwill, work stoppage, computer failure or malfunction, loss of data, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. In any case, Kubios’s entire liability under any provision of this Agreement shall not exceed in the aggregate the sum of the fees that you may have paid for the Services (if any).
General Terms, Applicable Law, and Settlement of Disputes
Kubios Oy (Limited company), Business ID 2740217-3,
Varsitie 22, 70150 Kuopio, FINLAND