End User Lisence Agreement
For the purposes of these terms, “we” are Cognituner Oy, a company registered in Finland. Our full details are set out below in ‘About Us’.
We hope you enjoy using our App. To do so you’ll need to read and accept these terms. They’re important and whilst we appreciate you’d rather start using the App immediately, we recommend you read them carefully before doing so. We also suggest you print or save a copy of them.
These terms apply to our app, the content and services available through it, and to any updates, we make (collectively, our App). Updates may have additional terms, where they do we’ll let you know at the time.
When you download our App you’ll be able to explore the functionality and services that it can provide. Please remember that you’ll only be able to access the full content once you have either registered with a physio and/or medical practitioner who uses our services, or purchased access to the full content through an In-App Purchase.
WHAT HAPPENS IF YOU ACCEPT THESE TERMS?
If you accept them, these terms create a legally binding agreement between you and us and we’ll grant you a non-transferable, non-exclusive licence to use our App on your devices (please note that there may be restrictions on the number of devices on which you can use our App). This means:
- you have the right to use it. You don’t own it or any of its content or services.
- you can’t transfer this agreement to another person (e.g. by selling or giving your account to them, or allowing them to use your account).
- we may give the same or other permissions to other users.
Importantly by accepting these terms, you’re also telling us you have the device owner’s permission to install and use our App on their device. If that’s you, great. If it’s not, please check with them as there may be charges involved for use of some of the content and services.
Please note, even if you accept these terms our App is for personal use only and you can’t use it for any commercial purpose (such as making money without our consent).
If you don’t accept these terms, that’s fine, but we’re sorry you won’t be able to use our App.
ARE THERE ANY FEES RELATED TO THIS APP?
Our App is free to download. You’re responsible for any fees you incur in accessing and using our App (such as Internet or mobile data charges) and for any fees applicable to any In-App Purchases that you make.
ARE IN-APP PURCHASES AVAILABLE?
We may provide you with the opportunity to purchase items within our App (known as In-App Purchases). If we do, these purchases are between you and your app store, so your app store provider’s terms (or any other additional terms we bring to your attention before you complete your purchase) will apply to how these are made. We recommend you read those terms carefully and always obtain the consent of the person paying the bill before you make any purchase.
HOW DO WE USE YOUR DATA?
We collect anonymised aggregated data about how you use the App and the content and services it provides.
We receive personal data from:
- you when you register for, log into, or use your account. This includes when you upload materials through our App (such as photos or videos) to share these with your healthcare professional; when you complete registration forms; and when you contact us.
- you when you record any scores when tracking and monitoring your training
We’ll use your personal data to: provide you with the services; respond to your enquiries; send marketing information to you (where you consent); and, test our systems.
We’ll share your personal data with your healthcare professional in a way that enables them to identify you and record it against your medical records (such as any scores you record). This should help discussions between you and your healthcare professional in targeting the best way to treat your injury and therefore we ask that you are as honest in your ratings as possible.
Finally, please note we reserve the right to access and disclose individually identifiable information to comply with any applicable laws and lawful government requests, to operate our systems properly, to protect both ourselves and our users, and where we are approached by a potential buyer of our business or assets, or in relation to any joint venture or business arrangement.
DO WE USE YOUR LOCATION?
Our App and some of the services it provides may make use of location data sent from your device. If you use our App or these services, you consent to us and third parties transmission, collection, maintenance, processing and use of your location. You can turn off this functionality at any time by using the location services settings on your device. Please note, where you do we may still collect anonymised aggregate location data in order to improve services or help with security.
DO WE USE PUSH NOTIFICATIONS?
Yes, we do offer push notification features through our App. You can change the type and frequency of the notifications you receive, or turn these features on or off, by visiting [the settings page of our App]. Some types of notifications may require a WiFi or data connection.
WHO OWNS THIS APP?
This App belongs to us, and we or our licensors own all intellectual property rights in it, and the content and services available through it (such as documents, text, photos, videos, and code) unless otherwise stated. We reserve all our and our licensors’ rights in relation to it and we may transfer our rights and obligations to anyone without your permission.
By using our App you agree not to: use it in any unlawful manner, or for any unlawful or fraudulent purpose; hack it or insert malicious code, viruses or data into it; infringe our or our licensors’ intellectual property rights; transmit defamatory, offensive or objectionable content through it, or use it in a way that could damage, disable, impair or compromise our or a third party’s systems; harvest data or information from it; copy it, except where such copying is incidental to the normal use of it; rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any part of it; make alterations or modifications to it (or any part of it), or allow any part of it to become combined with or incorporated into any other program, app or website; disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of it, or attempt to do any such thing; or provide or otherwise make it available in whole or in part in any form without our consent.
You must also comply with any technology control or export laws and regulations that apply to the devices you use to access this App.
WILL WE UPDATE THIS APP?
We’re always keen to improve our apps, so we may release updates to this App through our own servers or your app store. These may include changes to graphics, images, and other content, or improvements to functionality. Depending on any changes we’ve made, you may not be able to use it until you’ve installed the latest update.
DO WE LINK TO THIRD PARTY SITES?
Our App may contain links to third party sites. We don’t control them, we’re not responsible for them, and we don’t endorse them, their content, terms or privacy policies. You’ll be responsible for any use you make of them (including the purchase of any products or services from them).
SOMETIMES THINGS DON’T WORK
Due to the nature of the Internet and technology, we can’t promise that use of our App will be uninterrupted, error-free or meet your expectations. We’re not obliged to fix or support it, and we’re not responsible for any loss, injury or damage that you may suffer if it is not available.
HOW CAN WE STOP OR SUSPEND YOUR USE OF OUR APP?
We may stop or suspend your use of our App if you fail to use our App in the way it was intended, you fail to install the latest update, you use it in ways which aren’t compliant with these terms, or you use it in such a way as to breach any law or regulation.
Remember, if you do upload any content or materials (such as photos or videos) through our App you agree that that material will not: be defamatory, obscene, fraudulent, deceptive, offensive, libellous, invasive, harmful, threatening, inflammatory, or likely to upset, harass, embarrass, alarm or annoy anyone; promote discrimination; disclose any personal data of any person; infringe any intellectual property right; breach any legal or contractual duty; be in contempt of court; or, advocate, promote, incite any third party to commit, or assist, any unlawful or criminal act (including sending of spam or other unsolicited messaging).
If we do stop or suspend your use of our App, we’ll tell you and you must immediately stop using it and uninstall it from your device. You’ll lose any benefits, privileges, or items obtained or purchased through your user account, and any data about you stored in the App will also be deleted. We will not offer you compensation for any losses or for unused items at the time we stop or suspend your use of our App.
The same applies where you choose to stop using our App. If you wish to end your use of our App, please follow these instructions.
DON’T FORGET YOUR APP STORE’S RULES!
The app store you downloaded our App from may have its own terms. We don’t control these but they may affect how you use this App (for example, In-App Purchases) so please read them carefully.
YOUR LOG IN DETAILS
You acknowledge that where your log in details are used, we’ll assume that we’re dealing with you.
You must follow instructions that you’ve been given (or we give you) about how to protect your account from unauthorised access (for example, not choosing an obvious password). Having set up your account, you must not write down your login details in a way that is recognisable, or let anyone else know them or use them.
You must tell us if you notice any errors in your account, or you think that your login details have been lost, stolen or damaged (or you think someone has discovered them and may be misusing them).
OUR LIABILITY TO YOU
The treatment of injuries and other medical conditions is for trained professionals. You should follow the training program given by your healthcare professional to avoid possible symptoms caused by overuse of your cognitive functions. Our App must not be relied on as the only tool to help you recover, and you must not use it to self-diagnose, expand any treatments you’ve been given, or to provide assistance to others.
If you have any doubts about the exercises shown to you through your account, suffer any continuing or increased pain or discomfort or have any further questions about your condition or exercises you must consult your healthcare professional or other qualified medical practitioner.
You accept that we cannot be liable for any losses, damages or liabilities arising from:
- any act or event beyond our reasonable control (such as a failure or interruption to your mobile service provider’s network); or
- inaccurate mapping or geo-location services that may be provided as part of our App; or
- your failure to follow medical instructions or advice, or to follow the documentation available through our App correctly.
Our App is provided “as is” and we have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you through it or in connection with your use of it. We can’t accept any responsibility for any failures, loss or damage resulting from your use of it except as set out below.
All promises, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement with you.
Nothing in these terms limits or excludes our liability for death or personal injury resulting from our negligence, fraud or any other liability that cannot be excluded or limited by English Law, or affects any rights that you may have as a consumer.
Except as set out in the paragraph above, under no circumstances will we (or our employees, agents and sub-contractors) be liable to you for any costs, damages, claims, actual or alleged indirect loss or consequential loss, however, arising suffered by you as a result of using our App, including, but not limited to, loss of profits, loss or corruption of data, savings, business or opportunity, reputation or any other sort of economic loss.
Our maximum aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) arising out of or in connection with the performance of our obligations under these terms in respect of any one or more incidents or occurrences shall be limited to €100.
HOW CAN WE CHANGE THESE TERMS?
We may change these terms from time to time, so please check the [legal information] section of our App regularly for the latest version. We’ll try to notify you in advance where there are any significant or very important changes and may in some instances require you to read and accept any changes before continuing to use our App.
If you manually log in (i.e. without using the auto log-in or remember me functionality) you will need to accept the terms each time you log in.
We are Cognituner Oy, a company registered in Finland with company registration number 2749093-5. Our office is Juha Vainion katu 2, 48100 Kotka, Finland. You can contact at firstname.lastname@example.org.
When contacting us, we strongly recommend you do not email us confidential or personal information. If you do, it is at your own risk.
Finnish law will apply to all disputes and the interpretation of these terms and Finnish courts will have exclusive jurisdiction.
THIRD PARTY LICENCE TERMS
We are using technology and tool provided by
- GoodLife Technology Ltd
- Unity Technologies SF