End User License Agreement

1. GENERAL

This End User License Agreement defines the terms and conditions of using the Service platform (later ”Service platform”) produced and maintained by Coach4Pro Ltd (later ”Coach4Pro”). This End User License Agreement covers also a mobile application (later ”Mobile Application”) which is part of the Service platform.

Persons using the Service platform (later ”User(s)”) have to accept the terms and conditions of this End User License Agreement when registering as a User of the Service platform. The contract between Coach4Pro and the User becomes valid once the User registers for the Service platform or service offered in the Service platform. If the user does not accept the terms and conditions of this End User License Agreement, the User has no right to download the Mobile Application nor use the Service platform in any other means.

 

2. RIGHT TO USE THE SERVICE PLATFORM

Coach4Pro’s platform and services offered in the platform are offered for non-minors according to the legislation of the country in question. Coach4Pro’s policy is to request that minors do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law. If you are a minor but have your legal guardian’s consent, you must be able to prove that such consent exists upon request.

 

3. RIGHTS AND RESPONSIBILITIES OF THE USER

Upon acceptance of this End User License Agreement, the User has the right to use the Service platform and has the right to download the Mobile Application to his/her mobile phone. The User has the right to use the Service platform according to the terms and conditions of this End User License Agreement, applicable laws, good manners, and according to other instructions of using the Service platform.

The User has the right to use the Service platform only for his/her private use. The User has no right to use the Service platform for commercial purposes or connect any device or software to the Service platform that might cause interference to the Service platform. We explicitly state that neither the Service platform nor Mobile Application can be used to transfer emergency messages.

The User is fully and solely responsible for the material sent or shared via the Service platform or stored in the Service platform (including exercise data.) The User is responsible for backup of all his/her materials and data. The User warrants that all materials and data are in accordance with applicable laws and good manners and do not infringe on any immaterial or other rights of any third parties.

The User is responsible of giving correct information while registering for the Service platform. Username and password for signing up for the Service platform are personal, and the User can not reveal them to any third party. The User is responsible for any use of the Service platform by his/her username and password. If the username and/or the password is revealed to any third party, the User must inform Coach4Pro immediately of such incident.

The User also agrees not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service platform; use any robot, spider, scraper or other automated means to access the Service platform; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service platform; insert any code or product or manipulate the content of the Service platform in any way. In addition, the User agrees not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment associated with the Service platform, including any software viruses or any other computer code, files, or programs. We may terminate or restrict the User’s use of our Service platform if the User violates these Terms of Use or are engaged in illegal or fraudulent use of the Service platform.

Coach4Pro always has the right to remove any material or data that is in contradiction with this End User License Agreement, applicable laws, good manners, or other instructions of using the Service platform. Coach4Pro has also the right to remove any material or data in case it has any other reason to suspect that the material or data is not in accordance with this End User License Agreement.

 

4. TECHNICAL REQUIREMENTS AND COST OF DATA TRAFFIC

The User has to ensure that the mobile phone type/model they are using is included in the list of Coach4Pro supported phones.

In order to use the Service platform, the User must have internet connection and data plan on their mobile phone. The User is responsible for all the costs related to connections and devices. The Mobile Application uses data transfer capabilities of the mobile phone and the User is responsible of all the data transfer costs occurred by the usage of the Mobile Application. The costs of data transfer vary from operator to operator. Coach4Pro recommends that the User has a flat-fee data-plan, so the cost of data transfer is known in advance.

5. SERVICE INTERRUPTIONS

Coach4Pro does not in any circumstance guarantee that there are no Service platform interruptions or that the Service platform is error-free. Coach4Pro is not responsible for errors due to interruptions or malfunctions of the Services by third parties (e.g. service interruptions of telecom operators or other partners having errors or interruptions in their service). If there are errors in the service provided by the third party, all claims concerning the service must be directed directly to the third party in question.

6. RIGHTS OF THE SERVICE PLATFORM

All the rights (including immaterial rights) for the Service platform belong to Coach4Pro or to its partners. Coach4Pro has the right at any time to modify the Service platform, the contents of the offered services, availability and requirements for the hardware and software, which are used in connection of using the Service platform.

7. PRIVACY

Coach4Pro is handling the personal information given by the Users according the Finnish privacy protection legislation. The information of the User is used to provide a Service platform and services to the User. Database description required by the Finnish privacy protection legislation can be found from the Coach4Pro Privacy Policy document.

Database description can also be investigated in the premises of Coach4Pro Ltd, Sinikalliontie 18A, 02630 Espoo, Finland.

8. LIMITATION OF LIABILITY

COACH4PRO DOES NOT PROMISE THAT THE SERVICE PLATFORM OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE PLATFORM WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE PLATFROM IS SUBJECT TO CHANGE WITHOUT NOTICE. COACH4PRO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COACH4PRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH4PRO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE PLATFORM AND/OR ANY SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Coach4Pro is not responsible of any errors, technical faults, or interruptions in the service provided by partners or any damage caused by such errors, technical faults, or interruptions in the service provided by partners. In case of that the service has error of fault, complains should be directed directly to the service providing partner in question.

9. PEDIOD OF VALIDITY

This End User License Agreement is valid from the date when the User has accepted this End User License Agreement and shall remain in force until the user account has been removed from the Service platform.

The User has the right to terminate the Service platform at any time without any reason. However, after termination of the Service platform, the user has access to the Service platform until the end of the current billing period. There are no refunds or other compensations for partially used billing periods.

Coach4Pro or co-operation partner has the right to terminate the User’s right to use the Service platform or service by written notice 15 days prior termination. If the User is violating the terms and conditions of this End User License Agreement, Coach4Pro has the right to immediately terminate the User’s right to use the Service platform.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

10. CHANGES TO THIS END USER LICENSE AGREEMENT

Coach4Pro has the right to unilaterally change this End User License Agreement without notice. It is the User’s responsibility to check these Terms of Use periodically for changes. The User’s continued use of the service platform following the posting of changes will mean that the User accepts and agrees to the changes.

11. TRANSFER

Coach4Pro has the right to transfer the rights that are based on this End User License Agreement to third party without separate announcement to the User.

12. ELECTRONIC COMMUNICATIONS

Coach4Pro will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only via Coach4Pro Service platform or/and your email/phone number.

13. APPLICABLE LEGISLATION

This End User License Agreement is governed under the laws of Finland. All the disputes concerning this End User License Agreement and the Service platform will be settled in the Principal Trial Court of Helsinki, if not otherwise required by the mandatory provisions of the laws of Finland.

I accept this End User License Agreement and give right for Coach4Pro to send information of Coach4pro related services and products, for example as the newsletter. Persons under the legal age in their respective country must have the consent of a parent or legal guardian for use of Service platform and services provided in the platform and for Terms of End User license Agreement.

Last update on 14th of May 2019