Updated: 12th September 2012
The CHECK™ analysis method is based on the emitting of an electric current to your body. Thus, you may not use the Service if you are pregnant or have a pacemaker, metal wrist implants (or the like) or suffer from cancer, heart problems, epilepsy or a comparable condition where the emitting of an electric current might adversely affect your condition. If you are unsure whether the CHECK™ analysis method is suitable for you, please consult a professional before using the Service. You can also see our FAQ for further information.
You affirm that you are over the age of 13, as the FAM Sports Service is not intended for children under 13. If you are over 13 but a minor in your country of residence, please ask your legal guardian to complete the registration on your behalf.
The Service is subject to applicable copyright and other intellectual property laws. All title, right and interest in and to the Service and any other products and services provided to you by FAM Sports is at all times retained by FAM Sports and its licensors.
Subject to your acceptance of these Terms, FAM Sports gives you a personal, non-sublicensable and revocable right to use the Service for your private purposes. This right is for the sole purpose of enabling you to enjoy the benefits of the CHECK™ application as permitted by these Terms.
You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service, unless this is expressly permitted or required by law; or attempt to disable or circumvent any security mechanisms used by the Service.
FAM Sports reserves the right to modify the Service and/or discontinue it in whole or in part at its sole discretion. You also acknowledge that FAM Sports reserves to right to disable or restrict your access to the Service at any time.
In connection with your use of the Service, you may be able to submit your contact information and other data, such as training related information ('User Content') to the Service. You retain all intellectual property rights you may have to such User Content and FAM Sports does not claim title or ownership to such User Content through your use of the Service or otherwise.
By submitting User Content to the Service, you agree not to submit any content that would be deemed unlawful, libelous or pornographic. You also warrant that your User Content does not infringe the proprietary rights of a third party.
The Service may contain links to or content from third party sources and the use of such content may be subject to other terms and conditions and privacy policies than those of FAM Sports. Because the use of such content does not involve FAM Sports, FAM Sports encourages you to review the terms and conditions that apply to your use of such content.
5 PERSONAL DATA AND PRIVACY
FAM Sports may change these Terms by posting an updated version to the Service, so please review them on a regular basis. Should FAM Sports introduce changes that have a material adverse effect on you, FAM Sports will inform you thereof within a reasonable timeframe. Your continued use of the Service constitutes your acceptance of the modified Terms.
Upon any termination of the Service or your account these Terms will also terminate, but the first paragraph of Section 2 ('Right to Use the Service') and Sections 5 ('Changes and Termination'), 6 ('Disclaimer and Limitation of Liability') 7 ('Indemnification'), and 8 ('Other') shall continue to be effective after these Terms are terminated.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You acknowledge and agree that the use of the Service including any and all decisions made by you based on such use is at your own risk. FAM Sports does not guarantee that the Service is error-free or available at all times and makes no warranties as to the accuracy or reliability of the contents of the Service. Please note that the information and recommendations in the Service cannot replace the services of health professionals or physicians.
FAM Sports expressly disclaims to the fullest extent permitted by law all express and implied warranties relating to the Service, such as the warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Except for liability for death or personal injury caused by gross negligence or intentional misconduct, FAM Sports is at no circumstances liable for any direct, indirect, incidental, special, punitive or consequential damages caused by or arising out of the use of the Service, including but not limited to loss of data and even if FAM Sports has been advised of such possibility. To the fullest extent permitted by law, the maximum liability of FAM Sports shall at all times be limited to the actual price paid by you to FAM Sports for the use of the Service or 100 EUR, whichever lower.
You agree to indemnify and hold FAM Sports and its affiliated companies and contractors harmless from and against any and all loss and damage suffered as a result of a third party claim, suit or action relating to: (i) of your breach of these Terms; (ii) your use of the Service; (iii) your User Content. In such case, FAM Sports will provide you with a written notice.
Entire Agreement and Severability. These Terms constitute the entire agreement between you and FAM Sports and may be amended only by a written document executed by both parties ('Agreement'). This Agreement does not limit any rights that you may have under mandatory legislation in your country of residence.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and without affecting the remaining provisions of this Agreement.
Assignment. FAM Sports may assign this Agreement in whole or in part to its parent or subsidiary companies or in connection with a merger or business acquisition.
Compliance with laws. You shall use the Service in accordance with all applicable laws and regulations, including export laws and regulations and those laws and regulations designed to protect against the unauthorized use and disclosure of personally identifiable information. Each party shall comply with the export laws and regulations of Finland and other applicable jurisdictions. Without limiting the foregoing, (i) each party represents that it is not named on any Finnish or US government list of persons or entities prohibited from receiving exports, and (ii) you shall not access or use the Service in violation of any Finnish and US export embargo, prohibition or restriction.
Governing law. This Agreement and your use of the Service is governed by the laws of Finland, excluding its choice of law provisions. By using the Service, you expressly waive the right to participate in a class action against FAM Sports and its partners.
If you have any questions or comments regarding these Terms or the Service, please contact us at firstname.lastname@example.org
Updated: 12th September 2012
If you are under 18 years of age or a minor in your country of residence, please ask your legal guardian to complete your registration to the Service for you. If you are under 13 years of age, you are not entitled to use the Service. FAM Sports does not knowingly collect any personal information from children under 13.
FAM Sports Services Data File
The purpose of the processing of personal data is to manage and maintain the customer relationships between us and our customers. The personal data is used to identify users of the Service and for the activation, execution, management and invoicing of the Service as well as for the providing of information and notifications to the customers. Furthermore, the personal data may be used for the purposes of direct marketing, provided that you have consented to this, as well as for investigation and follow up in cases of misuse.
In connection with your use of the Service, we collect certain information from you, such as your e-mail, age, sex, weight, length and information regarding your training activities. The analytics information collected as a result of your use of the CHECK™ device include assessment results, such as information regarding your neuromuscular system, muscle fatigue analysis results and your answers to thereto related questions, such as whether or not you have exercised after the previous assessment.
We may also collect your payment information in relation to purchases that you make via the Service. Certain parts of the Service may also allow you to submit other content to the Service. In order to improve our services, we may also collect certain non-personal data that does not enable us to identify you directly, such as usage statistics and your device properties (IP address, UDID, information regarding your platform and the like). We treat this data as non-personal information.
In order to provide a better service experience to our users, we may make non-personal data available to other users of the Service on an aggregated basis, such as by making aggregate training statistics available via the Service to which our users can compare their own results. We do not however in this connection disclose any personal data that would directly identify you as an individual, unless you have opted in to such disclosures.
We may use subcontractors in connection with the offering and execution of the Service in order to better provide the Service to You. In this context personal data may be transferred to subcontractors to the extent that this is necessary for the fulfiment of the services, such as for the storage of data on a server maintained by a third party on assignment or for the purposes of analyzing the usage of the Service.
Although we follow the aforementioned principles and store your personal data in secure operating environments behind firewall-protected servers, no system can be 100% secure. By using the Service, you assume the risk of an unauthorized access to your personal data despite our continued efforts to the prevention of the same.
7 RIGHT OF ACCESS AND CORRECTION OF DATA
In compliance with Section 26 of the Personal Data Act, you are entitled to access your personal data that FAM Sports has collected. Such request of access shall be made in writing, signed and delivered to email@example.com.
For questions or comments, please contact us at firstname.lastname@example.org.