TERMS OF USE

Effective date: June 6, 2023

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.

Data protection

Our Privacy Policy describes which data and personal data we collect from you in each of our Services, how we use personal data or other data, and where we store it. The privacy policy also describes your rights regarding privacy and outlines who can access your data, where to get help, and how you can change your settings. You need to read our Privacy Policy before signing up for Kubios services and starting to use our 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 or any of its officers, directors, employees, or coaches is not responsible for your health and cannot guarantee that you are able to exercise or train.

As a user of Kubios Services and products, you may receive important notices about them from time to time. These important notices related to the use of products and Services are not marketing messages but are essential information concerning our products and Services and their use. For this reason, it is not possible to opt out of receiving them. We also inform all our customers – including those who have opted out of marketing messages – of any changes to our Terms of Use or Privacy Policy. We hope you read these messages because they may contain important information that applies to you.

Validity

If, at any time, you wish to stop using our Services and close your account, you can do so either directly in the Service, or contact our customer support. Please note that when your user account is closed, all your information will be deleted and cannot be recovered after deletion. However, if you are using a Service subject to a charge, your ability to use the Service ends when your agreed or paid subscription ends. If you decide to stop using the Service before the end of an agreed or paid subscription, no refunds are made. Please note that Kubios can also decide to cancel your right to use the Services and remove your user account and data in case you breach any of these Terms of Use or terms in EULA.

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

Users of Kubios Services are granted a non-exclusive, non-transferable, revocable (at the sole discretion of Kubios at any time) license to access and use the Service strictly in accordance with these Terms of Use and any other terms and restrictions set out in other Service-Specific Terms or EULA. No further intellectual property rights of any information or content in the Service are granted.

Any grant of license is subject to Service Specific Terms or EULA by Kubios. In the event of conflict in these Terms of Use and such terms, the Service Specific Terms or EULA shall be primarily applied.

Fees

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.

Availability

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.

Kubios Endurance Lab service utilizes a third-party training platform (owned and operated by Today’s Plan Pty,). When you start using this service you are required to accept the terms and conditions of the third-party. Please carefully read the third-party terms and conditions and its personal data processing policy before you start using the services. Kubios assumes no responsibilities 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 officers, directors, employees, 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

The validity, interpretation, construction, and performance of these Terms of Use shall be governed by the laws of Finland. These Terms of Use together with any additional Terms of Use applicable to Kubios services you use (service-specific Terms of Use or EULA as provided below) represent the complete agreement between you and Kubios regarding the use of Kubios Services. Kubios reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use by posting the updated Terms of Use on Kubios’ website. You shall be deemed to have accepted such changes by continuing to use the Services.

Kubios Oy (Limited company), Business ID 2740217-3,
Varsitie 22, 70150 Kuopio, FINLAND