Terms of Use

Last updated: June 30, 2020

Welcome to www.firstbeatanalytics.com and all data, images, graphics, and other information associated therewith (collectively, the “Website”), of Firstbeat Analytics Oy (“Firstbeat Analytics”). Firstbeat Analytics is sometimes referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website.

Note that special terms might apply to some services or features offered on the Website. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

Firstbeat Analytics may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on the Website, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Firstbeat Analytics or by third parties that have licensed their Content to Firstbeat Analytics. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Firstbeat Analytics, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Firstbeat Analytics, "mirror" on any other server any material contained on the Website. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Firstbeat Analytics.

The trademarks, logos and service marks (the "Marks") displayed on the Website are owned by Firstbeat Analytics or third parties. You are prohibited from use of those Marks without the express, written permission of Firstbeat Analytics or such third party. If you would like information about obtaining Firstbeat Analytics' permission to use the Content on your Web site, e-mail [email protected].

In the event that we offer downloads of software on the Website and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, FIRSTBEAT ANALYTICS HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

FIRSTBEAT ANALYTICS SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, FIRSTBEAT ANALYTICS’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Accounts

Some services on the Website may permit you to disclose information about yourself or your employer or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's name or likeness.

Firstbeat Analytics' Liability

Firstbeat Analytics makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Website and the Content. Any use of the Website and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time. Some Content on the Website may be provided by third parties and Firstbeat Analytics will not be held responsible for any such Content provided by third parties.

FIRSTBEAT ANALYTICS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, FIRSTBEAT ANALYTICS WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FIRSTBEAT ANALYTICS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the Website is at your own risk. If you are dissatisfied with any of the Content or other contents of the Website or with these Terms of Use, your sole remedy is to discontinue use of the Website. IN NO EVENT WILL FIRSTBEAT ANALYTICS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIRSTBEAT ANALYTICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Links to Other Sites

The Website may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Firstbeat Analytics of the contents on such third-party Web sites. Firstbeat Analytics is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless Firstbeat Analytics, its officers, directors, employees, agents, and affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Export Control

Finland, United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and, for any receipt or use of the Content in the U.S., that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

Firstbeat Analytics respects the intellectual property rights of others. It is Firstbeat Analytics’ policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to Firstbeat Analytics, please submit a notification by providing the below-specified Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notice may not be valid.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email: [email protected]

By Mail:
Firstbeat Analytics Oy
Attn: Legal Department
Yliopistonkatu 28 C
40100 Jyväskylä, Finland

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Website will be construed in accordance with and determined by the laws of Finland applicable to contracts entered into and performed within Finland without respect to its conflict of laws principles. By using the Website, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Website is a court in Jyväskylä, Finland. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If you are a consumer and have your habitual residence in the European Union (“EU”), the law of your place of residence shall apply to any dispute under these Terms of Use. In such a case, you may bring a claim to enforce your consumer protection rights in connection with these Terms in the EU country in which you live.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

In the event of a complaint, or to request further information, the provider may be contacted in writing at Firstbeat Analytics Oy, Yliopistonkatu 28 C, 40100 Jyväskylä, Finland or by e-mail at [email protected].