If you do not agree to these Terms, you may not use the Services.
Registration to the App
In order to use the App, you must first register and create a user account. You must provide all necessary information in connection with the registration process. You represent and warrant to provide us with information that is accurate, complete and up-to-date. Where your circumstances change, you must promptly update your information to keep it accurate, complete and up-to-date.
You should only use the App if:
- There is a valid agreement in place between Neubit and the entity providing you access to the App and Services, such as your employer; and
- You represent and warrant that you are at least 18 years of age and have the legal authority to accept these Terms on your behalf.
In connection with creating the user account, you will need a [license code] from Neubit or the entity providing you access to the App and Services in order to be able to start using the Services. The activation code is confidential and only for your personal use.
You must keep your password and user name confidential at all times and not disclose them to anyone else. You undertake to contact us immediately upon becoming aware of any unauthorized use of or access to your account. Any breach of these Terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to Us.
Access and use
Subject to your continuing compliance with these Terms and any other relevant Neubit policies and, where relevant, the agreement between Neubit and the entity providing you access to the Neubit Services (e.g. your employer) Neubit grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own non-commercial purposes in accordance with these Terms. You agree not to use the Services for any other purpose.
Except to the extent expressly set out in these Terms (or as otherwise agreed by Us in writing), you are not allowed to:
- rent, lease, sub-licence, loan, provide, or otherwise make available the Services or any content made available through the Services, in whole or in part, to any person without prior written consent from Us;
- republish, redistribute, disassemble, de-compile, reverse-engineer, re-transmit or create derivative works based on the whole or any part of the Services, nor attempt to do such things;
- transfer the Services to someone else, whether for money, for anything else or for free;
- copy or store the Services other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;
- store the Services on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Services;
- remove or change any content of the Services or attempt to circumvent security or interfere with the proper working of the Services or any server on which it is hosted;
- submit material to the App which could be considered defamatory, offensive or otherwise objectionable;
- use the Services in a way that might damage our name or reputation or that of any of our affiliates;
- use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code (such as viruses, or harmful data) into the App; or
- otherwise do anything that it is not expressly permitted by these terms.
You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) periodic maintenance procedures or repairs which Neubit may undertake from time to time without notice to you; or (ii) causes which are beyond the control of Neubit or which are not reasonably foreseeable.
Notwithstanding anything to the contrary in this Agreement, Neubit may temporarily suspend or terminate access to the Services provided to you for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate these Terms.
In order to use the Services, you need a stable internet connection provided by a third-party internet services provider. You acknowledge and agree that we are not responsible for any unavailability of the internet, connection quality issues, service interruption or diminished functionality in the Services which you may experience as a result of any such unavailability of any part of the internet or issue with your device’s internet connectivity.
You acknowledge that you are solely responsible and liable for your use of the Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of these Terms. You are further solely responsible for compliance with these Terms and all applicable laws relating to your use of the Services. You shall further use the Services solely for lawful purposes.
You alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, internet access, or services, and any other requirements. Neubit shall have no responsibility to provide any additional mobile app or hardware. You further agree that Neubit shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.
Neubit shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, these Terms do not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.
You agree to indemnify, hold harmless, and defend Neubit, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, partners, licensors, successors, and assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) your use of the Services, including but not limited to anyone using your account; (ii) breach of these Terms by you or anyone using your account; (iii) any information used, stored, or transmitted in connection with your account or ; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account; or (v) violation of any law, regulation, or other legal requirement.
THE SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND NEUBIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. NEUBIT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEUBIT OR A NEUBIT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
Intellectual Property Rights
Neubit or its licensors own all title and rights to the Neubit Services and any content provided therein, including, but not limited, to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the Neubit Services. All rights in the Neubit Services not expressly granted to you by Neubit are retained by Neubit and its licensors. Any violations of these Terms will give Neubit sole right at its discretion to refuse or terminate access to the Neubit Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the Neubit Services.
If you provide any communications or materials to Neubit by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Neubit is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Neubit is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Neubit is not required to use any Feedback.
Limitation of Liability
IN NO EVENT WILL NEUBIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT NEUBIT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL NEUBIT BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF 100 €.
THE SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT PROVIDE MEDICAL ADVICE BY NEUBIT. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS.
THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED IN THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND NEUBIT.
Neubit is not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your activity based on the Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body’s responses. For example, if you feel unexpected, repeating, or long-term pain, or fatigue or discomfort due to having made changes to your activity, it is recommended that you consult a doctor before continuing with such changes. The information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.
The Services may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Neubit with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Neubit is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. In addition, you should be aware that your use of any third party site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
Jurisdiction, choice of law and forum
The Services are operated in Finland. We do not represent that content or materials presented on the Services are appropriate or available for use in other jurisdictions. If you access the Services from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.
The Terms shall be governed by and construed in accordance with the laws of Finland, without regard to its choice of law provisions. Any dispute, controversy or claim arising between Neubit and you arising out of or relating to these Terms or the existence, validity, termination, interpretation of any term hereof or either party’s performance obligations hereunder shall be settled in the District Court of the City of Helsinki, Finland as the first instance.
Modification of these terms
Neubit reserves the right, at any time, to modify, alter, or update the terms and conditions of this Terms. Neubit shall inform you of the modifications by posting the new Terms to the website and the application. The new Terms shall become effective immediately upon being posted at the Service, excluding situation in which the Terms are materially changed in which case the Terms will become effective after one (1) month from the notification. You are bound by any such modifications after they take effect and should therefore periodically visit this page to review the then-current Terms to which you are bound. Your continued use of the Services or any webpage or feature available through the Services after modifications are posted and take effect constitutes an acknowledgement and acceptance of the Terms and its modifications. If, at any time, you do not wish to accept this Terms, you must stop using the Services.
These Terms shall continue in full force until terminated or canceled pursuant to these Terms. The use of the Services under these Terms is always subject to a valid agreement between Neubit and the entity providing you access to the Services. Therefore, if any such agreement is terminated, your right to use the Services will also be terminated.
You may at any time terminate these Terms by closing your account. Neubit shall have the right to terminate these Terms and your access and use of the Services (i) for any reason whatsoever by providing thirty (30) days’ notice to you; (ii) immediately for your material breach of these Terms. Notwithstanding the foregoing, Neubit reserves the right, in its sole discretion and without notice, at any time and for any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.
You acknowledge that Neubit has the right to monitor use of the Services to ensure compliance with the Agreement.
You may not assign this Agreement to any other party and any attempt to do so is void.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible, and the other provisions will remain fully effective and enforceable.
Neubit will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
Any questions regarding the Services or these Terms may be directed to:
FI-00510 Helsinki, FINLAND