Terms of use

Healthfactory Oy / SYKE TRIBE

NOTE!

These Terms of Use apply to all SYKE TRIBE / HEALTHFACTORY OY services, and before starting to use the services, the user should read and agree to comply with the below mentioned terms. These terms are also part of the SYKE TRIBE / HEALTHFACTORY OY Privacy Statement. Use of the service requires acceptance of the Terms of Use and the Privacy Statement.

1. General information

This document is a legally binding agreement between the user (hereinafter the “Customer”) and the Healthfactory Oy service (hereinafter the “Service”) provided by Healthfactory Oy (hereinafter the “Service Provider”). If the Customer does not fully accept the Terms of Use, the Customer will not have the right to use the Service.

These Terms of Use detail the terms and conditions regarding the use of the Service and the published materials as well as the principles of privacy. The Terms of Use specify the Customer’s rights to use the Service as well as the Service Provider’s obligations towards the users.

2. Modifications to the Terms of Use and the Service

Healthfactory Oy has the right to modify these Terms of Use as well as the contents of the website without notice. The aim is to inform the Customer of any modifications through the Service, but the Customer also agrees to review the contents of the Terms of Use regularly. By continuing to use the Service after the terms have been modified, the Customer agrees to comply with the modified terms.

These terms and the use of our website are governed by the Finnish legislation.

The Service Provider’s aim is to develop the Service and ensure its smooth operation as far as possible. The Service Provider has the right to modify or remove any contents or structures of the Service or its parts, the service times or other aspects related to the Service. If the modifications require changes to the Customer’s devices or software or other measures by the Customer, the Service Provider strives to inform the Customer of the modifications well in advance. The Customer is responsible, at one’s own expense, for the changes required to one’s devices and software.

3. Delivery and use of the Service

3.1 Delivery of the Service

The Service is a Service Entity consisting of services and materials provided by the Service Provider and possible other service providers who cooperate with the Service Provider (hereinafter “Other Service Providers”).

The Service Provider may offer, distribute or market through the Service free or fee-based services or products produced or offered by Other Service Providers. Other Service Providers’ services are offered, distributed and marketed as they are and without obligation. The Service Provider is not liable for any damage resulting from a possible error, such as incorrect information, in a service produced or offered by Other Service Providers or from a delay in the service or from the availability of the service. In addition to these Terms of Use, the user agrees to comply with the Other Service Providers’ possible special contractual terms, limitations of liability and instructions.

The Service is primarily available 24 hours a day, unless other hours of availability are specified for a certain service. The Service Provider does not give a direct or indirect guarantee regarding the operation or features of the Service and does not guarantee that the Service will be uninterrupted and error-free. Should they decide to do so, the Service Provider always has the right, without liability, to discontinue the Service or parts thereof and to temporarily stop offering the Service or parts thereof due to maintenance or some other reason.

3.2 Use of the Service

The Customer will be granted limited access to the Service in accordance with the Terms of Service. The Customer will receive the Service and use it at one’s own risk. The Customer is responsible for the acquisition, installation, maintenance and costs of the equipment, software as well as telecommunications and data transmission connections required to use the Service. The Customer may not connect or use the Service so that it causes unreasonable burden or other harm to the network, other networks connected to the network, the users of the Service, other third parties or the Service Provider. The Service Provider may separately provide detailed instructions regarding burdening and forbidden use. The use of certain parts of the Service requires registration. The administrators have the right to address obvious cases of misuse.

The Service offered to be used with different devices may, however, differ from each other in terms of their contents and functionalities.

Some services are available without the need to register as a user of the Service. These services can be used without registration in a manner and to the extent deemed suitable by the Service Provider. The Service Provider reserves the right to replace, modify or remove components that enable the Service to be used without registration. Such components may also be modified so that they can only be used by registered users.

Some services require registration as a user of the Service. In connection with the registration, the user must provide the required personal details. The user is responsible for the correctness and completeness of the personal details provided. As part of the registration process, the user must also select a password (hereinafter “User ID”).

The Service may be used by users of any age, but those under the age of 13 must ask their guardians for permission to use the Service.

If producing any content (e.g. text) for the Service, the user agrees to grant the Service Provider a full, free, irrevocable and non-exclusive right to review such content if there is a sufficient moral basis for the cause and use the content e.g. for anonymous research purposes.

The user warrants that any content produced for the Service by the user has been created as a result of the user’s own original work and is not in breach of the applicable laws and that the user has the right to grant the Service Provider the right to use the content in the above-mentioned manner.

When sharing any content through the Service, the user agrees to take responsibility for, on behalf of the Service Provider, and to protect the Service Provider at one’s own expense, should the Service Provider so desire, against any third-party claims, costs (including reasonable defense costs), losses, damage, liabilities and convictions resulting from the user’s content presented through the Service.

If the user uses the Service for Resale or Mass Distribution of materials created within the Service, the user needs to have a mass coaching account. Below is a detailed description of Resale and Mass Distribution of materials.

Resale: Please contact info@syketribe.fi if you use the Service to create general materials (e.g. training programs distributed in pdf format) that you actively resell in, for example, a gym or via a webstore.

Mass Distribution: Please contact info@syketribe.fi if you use the Service to create general materials (e.g. link shares or training programs distributed in pdf format) that you distribute to masses of more than 50 people, and of whom you do not create customer profiles to your coach account.

Standard license accounts (SYKE Ready and SYKE Set) are for traditional individual coaching and group coaching, as well as for occasional sale and distribution of singular training programs. For more information, please contact info@syketribe.fi.

3.3 Validity and restriction of access right

The Service Provider has the right to restrict or prevent the use of the Service in accordance with the Terms of Use.

Irrespective of the discontinuation of one’s access right, the ownership and copyrights, entitlement to damages and limitations of liability based on these Terms of Use will remain valid.

The user is personally responsible for the use of the Service as well as for one’s messages and other activities through the Service.

The user of the Service must use the Service in accordance with these terms, the applicable regulations and good practice.

The Service Provider has the right to prevent such use of the Service and to remove any material that violates the law, good practice or protected rights of a third party or that hampers or unreasonably burdens the Service or the network, poses a threat to data security or protection, hampers the users of the Service, third parties or the Service Provider or is otherwise against the Terms of Use, any special terms or other regulations concerning the use of the Service. The Service Provider may, if deemed necessary, also prevent the Customer’s access to the Service and/or the reception of the Service without prior notice.

The Service Provider deems the following activities, among others, to be against these terms:

Spreading or sending illegal, harmful or insulting content
Hacking, cracking or spreading wrong or corrupt software
Sending data or material that violates the copyright or other intellectual property rights of the Service Provider or a third party
Abuse of the Service in a way that violates these Terms of Use or any other applicable law or regulation
Threatening, bullying, harassment or persecution of other users, people, groups or legal entities
Pretending to be someone else
Using or attempting to use other users’ passwords or user account details
Sending files containing viruses or corrupt data
Any act which transforms an object or binary code into a source code or downloading any software or parts thereof from the Service (excluding situations where the Service Provider or a third party authorized by the Service Provider has specifically allowed such downloads)

Digital products purchased from Syke Marketplace are at your disposal during the coaching and for another 2 months after the end of the coaching.

3.4 User IDs

A User ID is personal. It is based on the user’s email address. The user may not disclose his / her User ID to a third party or give a third party the right to use his / her User ID. The Service Provider is not liable for any unauthorized, inappropriate or illegal use of a User ID if the User ID is disclosed, guessed or cracked or it becomes the target of a software bug. All activities done with the user’s User ID shall be deemed to have been done by the owner of the User ID. If the user becomes aware of unauthorized use of his / her User ID or if the confidentiality of the User ID has been jeopardized, the user must immediately inform the Service Provider. The Service Provider may then, at its discretion, close the User ID to prevent any misuse.

Any identifiers such as user IDs and passwords possibly given to the Customer by the Service Provider or another user will remain under the ownership of the Service Provider and the Customer will have no rights regarding them after his / her access right has ended. User IDs are customer specific and the Customer is not allowed to give or disclose them to a third party, unless there is an agreement between two Customers, e.g. a trainer is to create an account for their client. A user ID is, however, always customer specific as it is based on the customer’s email address and thus the owner of the email address is the owner of the ID. The Customer is responsible for all activities done with the User ID.

If the User ID is lost or comes into the possession of a third party without authorization, the Customer must immediately notify the Service’s customer service. The Service Provider then has the right to block the Customer’s access to the Service.

The Service Provider has the right to change identifiers if required for reasons related to the network, Customer, delivery of the Service, data security or protection or authority regulations or for other reasons.

A registered user has the right to remove his / her User ID. The User ID is removed by sending a request via email to info@syketribe.fi. The removal of the User ID will take effect within forty-eight (48) hours of the Service Provider’s confirmation that the request to remove the User ID has been received.

3.5 Personal data

The Service Provider complies with the Finnish Personal Data Act (523/1999) with regard to the processing and registering of personal data. The Service Provider will primarily use personal data to offer the user free and fee-based services included in the digital services, but it may also offer other services. The user must provide the Service Provider with correct personal and other information required to use each service. The contact details of those using the contents published through the Service are treated as confidential information that will not be given to a third party by the Service Provider. More detailed information on the processing of personal data can be found in the Privacy Statement.

The Service Provider will process the user’s personal data with regard to the Service offered, to respond to the user’s inquiries and feedback, to develop its products and services, for statistical purposes and for other purposes related to the management of the customer relationship. The Service Provider may use the personal data provided by the user for marketing purposes in accordance with the Personal Data Act.

3.6 User’s right of access and rectification

The user has the right to inspect the data on him / her in the register in accordance with the Personal Data Act. The inspection can be done free of charge once a year.

At the user’s request, the Service Provider will without undue delay rectify, erase or supplement personal data that is erroneous, unnecessary, incomplete or obsolete as regards to the purpose of the processing. The instructions regarding the realization of the right of access, rectification and the right to prohibit processing can be found in the Privacy Statement.

4. Fee-based Services and billing

4.1 Conclusion of an agreement and purchasing of the Service

When the Customer clicks the “Order” button and checks the “I accept these terms” box while registering on the Service Provider’s website, the Customer confirms that he / she is at least 18 years old or that he / she has a parent or guardian’s consent to conclude the agreement. At the same time the Customer agrees to comply with the terms of the agreement. All information provided by the Customer as part of the registration must be correct and complete. The Customer is obliged to keep his / her information up-to-date by updating it whenever necessary.

When the Customer selects the Service they want to purchase by checking the box and clicking the “Order” button on the syketribe.fi website, he / she agrees to pay the applicable fee for the Service. The fee will be charged through the payment method selected by the Customer. When paying with a debit or credit card, by accepting that his / her credit card will be charged the Customer confirms that he / she has the right to make the purchase and that he / she is the cardholder (the card is under his / her name). All prices on the syketribe.fi website include value added tax (if the product is subject to value added tax) as well as other applicable taxes and charges. The payment methods available can be found on the syketribe.fi website.

The agreement will be valid for a fixed term or until the Customer or Service Provider terminates it. The Customer can cancel his / her annual subscription at any point either through the “My Account” page or by contacting the customer service team. The termination will take effect after the end of the subscription period that has already been paid for. The Service Provider reserves the right to terminate the agreement and to close the Customer’s account at any point if the Customer misuses or is suspected of misusing the Service. If the Service Provider terminates the agreement or closes the Customer’s account for a reason other than those specified in this section, the Service Provider is not liable towards the Customer or obliged to compensate the Customer for any fees he / she may have paid.

4.2 Pricing

The Service Provider has the right to change the prices of its services from time to time. Price changes will take effect after the end of the current payment/agreement period (i.e. the period that the Customer has already paid for). The Customer will be informed of all price changes. If the Customer does not accept the price changes, he / she has the right to terminate the subscription so that it will end when the payment period ends. The Customer shall be deemed to have accepted the new prices if he / she continues using the fee-based tsyketribe.fi service after being informed of the changes in pricing for example in connection with the payment of a new period.

4.3 Cancellation policy

Cancellation policy for SYKE Marketplace

In principle, there is no right of cancellation for purchases from the SYKE Marketplace or the program store, as it is a digital product that the Customer has immediate and full access to and could utilize the materials by storing them on one’s device and then canceling the purchase. However, SYKE Tribe is always ready to discuss if there is a good reason for the cancellation of the purchase. In these situations, the Customer should contact the Service Provider’s customer service no later than 5 days after purchase.

Cancellation policy for coach accounts

It is possible to cancel the syketribe.fi Service within 14 days from the purchase date if the Customer has not created any training programs or new clients and has not done anything else in the Service either after placing the order. The cancellation right will end once the Customer does their first activities in the system after placing the order.

Cancellation policy for consumer accounts

It is possible to cancel the syketribe.fi Service within 14 days from the purchase date if the Customer has not created any training programs or has not done anything else in the Service either after placing the order. The cancellation right will end once the Customer does their first activities in the system after placing the order.

4.4 Payments

Paytrail Oyj (2122839-7) acts as a handler of the payment service and as a payment service provider in cooperation with Finnish banks and credit institutions. For payments made with a Visa, Visa Electron or MasterCard, Paytrail Oyj will be shown as the recipient on the invoice and Paytrail Oyj will forward the payment to the merchant. Paytrail Oyj is an authorized payment institution.

Paytrail Oyj, business ID: 2122839-7 Innova 2
Lutakonaukio 7
40100 Jyväskylä, Finland
Telephone: +358 207 181 830

Online banks

Paytrail Oyj (2122839-7) provides online bank-related payment transfer services in cooperation with Finnish banks and credit institutions.

Billing and installment service

Collector billing and installment service

We offer the possibility to pay by invoice or partial installments in cooperation with Collector, which is an invoicing service provided by Collector Credit AB. The payment method is possible for purchases up to € 2, 000.

The invoice is due on the last day of the month following the purchase, as a result of which the Customer may get up to 60 days of interest-free payment period after purchase. An invoicing fee of € 2.95 is added to the invoice.

When the Customer chooses to pay by invoice or partial installments, he / she can only order the Service at their permanent address and must be at least 20 years old at the time of placing the order.

When the Customer receives the invoice, he / she can opt for a 24-month installment plan by paying the minimum amount shown on the invoice. The interest rate on the installment plan is 1.6% per month, corresponding to a nominal annual interest rate of 19.20%. When paying in installments, an account management fee of € 2.95 per month will also be charged from the Customer.

We perform a credit check at the time of the order. Late payments and unpaid invoices will be charged with a reminder fee of € 5 plus a monthly interest rate of 1.6% for the delayed period.

For complete Terms and Conditions of the Collector Invoice / Installment service, please refer to the following links:

Detailed service description http://commerce.collector.se/fi/YKSITYISILLE-/Maksa-laskulla/

General invoice and account credit terms http://www.collector.se/upload/Partners/Agreements/SVM/Credit_terms_FI.pdf

Standard European Consumer Credit Information http://www.collector.se/upload/Partners/Agreements/SVM/SECCI_FI.pdf

Jousto billing and installment service

Jousto billing and installment service is a Finnish service that allows you to make your purchases quickly and safely. Jousto is for individuals who have managed their personal finances properly.

With Jousto, the Customer may get 30 days of interest-free payment period. An account management and invoicing fee of € 2.90 will be added to the purchase. Once the Customer receives the invoice, he / she can decide whether to pay it in full or in installments. With partial installments, the Customer can pay for the purchase in up to 36 installments, starting at € 90.90 / month. The additional costs of the Jousto partial installment service is € 3.90 / month and a credit rate of 19.90%. The payment method is possible for purchases between € 30 and € 3000.

Purchases with Jousto are safe. At the time of the first purchase, the Customer is required to do a strong electronic identification. Returning Customers can easily identify themselves with a one-time code sent to their phone. A real-time and automated credit decision is done for each purchase. The payment transactions and data transmissions always take place over a secured connection. The invoice is distributed by e-mail. The credit provider is Aurajoki Nordic Oy.

Read more about Jousto at www.jousto.com. Jousto - the most convenient payment method for e-commerce!

5. Responsibility for the Service and liability

5.1 Service Provider’s responsibility

The aim of the Service is primarily for managing the customer relationships of coaches and their clients and SYKE / Healthfactory Oy is not liable for any coaching challenges, quality of coaching services, or any problems, disputes, abuses, or other similar matters between coaches and their clients.

Healthfactory Oy is also not responsible for any content or materials that coaches provide to their customers through the Service.

The Service Provider is not liable for any indirect damage caused to the Customer. For the sake of clarity, it should be stated that the Service is not responsible or liable for any damage caused to the Customer due to faulty operation of the Service, downtime, prevention of use, errors or shortcomings in the Service or discontinuation of the Service or a part thereof nor is the Service liable for any failure in the Customer’s devices or software. The Service Provider is not responsible for the contents of the Service or for other contents provided or available through or with the help of the Service or for the reliability thereof.

The Service Provider is not liable for any damage caused by the user to oneself or to others, misuse of the Service or other similar acts.

The Service Provider is not liable for damage caused by unreasonable difficulties in the operation arising from force majeure or a similar reason.

The Service Provider is in no way responsible for the contents of the information presented and published through the Service or sent to the user or for the suitability of the information for an individual user, accuracy of the information or possible errors or delays in them.

The Service Provider is not responsible for the contents of an external website connected to the Service.

The Service Provider is not liable for any direct, indirect or consequential damage, including but not limited to loss of income, business interruption, loss of or damage to data, resulting from the use of the Service or the Training Service or prevention of use.

The service is provided “as is” and “as available”. The Service Provider does not give, within the scope of the law, an express or implied guarantee of the services or products or their quality, contents or suitability for a specific purpose.

Damage claims must be submitted to the Service Provider within one (1) month after the Customer has detected or should have detected the grounds for damages. With regard to fee-based services, the Service Provider’s maximum liability for any damage is always limited to the amount paid by the Customer for the Service affected for the duration of the damage.

Healthfactory Oy is not liable for any such situation when a Customer does not receive wished results with the programs that he / she has downloaded / purchased from the Service or that has been created for him / her using the Service. With results it is referred to e.g. weight loss, improvement of fitness, and any other physical and mental outcomes that can be achieved through exercise.

Healthfactory Oy is also not liable for any such situation when a Customer injures himself/herself or falls ill on the basis of instructions given to him / her via the Service.

5.1.1 Buying from SYKE Marketplace and the program store

In principle, all programs and coaching services distributed via the Service are purchased from coaches and SYKE Tribe is not liable for the services.

However, as the client makes a purchase in the SYKE Marketplace or the SYKE Tribe program store, then SYKE Tribe acts as the seller and Service Provider of the service, and the following rules apply:

Despite the fact that the Customer’s personal characteristics, possible limitations and general health condition are taken into account as closely as possible when planning and fulfilling Customer’s programs, there are always certain risks associated with exercising and changing one’s diet. By purchasing the Service, the Customer claims awareness of the risks involved and participates in the coaching at his / her own risk. The Customer agrees that, unless subject to mandatory regulation, the relevant coach (or SYKE Tribe) will not be liable for any injuries, damages or allergies that may occur to the Customer.

The Customer is responsible for insuring himself/herself against accidents and any other possible insrance cover that he / she deems necessary.

5.2 Customer’s responsibility

The Customer is responsible for the use of the Service and for the material submitted to the Service or shared through the Service to other users and other information networks as well as for ensuring that the use of the Service or the above-mentioned material does not violate any copyrights, industrial property rights or other protected rights of a third party and is not against the Terms of Use and possible special terms, laws or good practices and does not cause inconvenience or disturbance to the network, the Service Provider, the Service Provider’s contractual partners, other users of the Service or other third parties. The Customer agrees to compensate the Service Provider or a third party for any damage he / she has caused.

The user accepts the fact that the Service and its contents are used under the user’s own responsibility. The Service is available to the user as it is and the Service Provider reserves the right to change or modify the Service or deny access to the Service for an unlimited period of time.

In all situations, the exercises carried out during the validity of the coaching and membership take place at the participant’s own risk. The Customer is obliged to take care of his / her Accident and Leisure Insurances and is aware that he / she is not insured by SYKE Tribe.

The Customer accepts that any strain trauma, illnesses, injuries, etc. that may occur to him / her during exercise and training are at his / her own risk and that he / she must have insurance against such occurrences.

The Customer will inform the coaches about any changes in their general health or any other factors that may affect the training (e.g. pregnancy, injuries, medication).

SYKE Tribe always strives to conduct coaching in the safest possible manne and coaches do their best to minimize risks during and outside of training. Despite this fact, Customers are primarily responsible for carrying out the exercises during the program in such manner that he / she takes into account his / her general health and level of fitness.

By participating in the coaching, the Customer declares that he / she is aware of the possible risks associated with the training and that he / she participates in the training at his / her own risk, while relieving the persons acting as coaches and SYKE Tribe of responsibility.

6. Rights to the Service and the material of the Service

6.1 Rights

The copyrights, industrial property rights and other protected rights concerning the appearance of the Service and the material included in the Service belong to the Service Provider or its contractual partners. The Service Provider has the right, without compensation, to use and republish or forward, as part of its business, communication, PR or other activities, any material sent or shared by a Customer through the Service to the public platforms of the Service (e.g. Facebook or Twitter), either in a modified or original form, fully or in part and/or in connection with other materials.

The Customer may not, without prior written consent from the Service Provider, reproduce, communicate to the public, present publicly, share to the public, show publicly or use the Service or any contents received through the Service, except within the limits of these Terms of Use and the Copyright Act. The above-mentioned provision also covers the reproduction prohibition under the Copyright Act. The Customer may not use the Service in a way that violates the copyrights or other rights of the Service Provider or a third party.

The Service Provider will not return any materials such as pictures or texts that the Customer has given to the Service Provider, whether on request or spontaneously. The writer is responsible for the contents of his / her texts.

6.2 Permitted and forbidden links to the Service

The Customer has the right to place a link to the Service (www.syketribe.fi) on one’s own website.

Adding other links to individual pages for commercial or financial purposes or to produce a database is forbidden without the Service Provider’s prior explicit consent in writing.

It should also be specifically stated that the Customer may not under any circumstances do any of the following without the Service Provider’s permission:

Copy, duplicate, publish or otherwise use a part or contents of the Service (including training programs, Customer data, videos, pictures and texts) in a way that has not been specifically permitted in these terms
Give his / her password to a third party or use another person’s username or password. However, a user who is a trainer may create a User ID for his / her client by using the client’s email address, but this does not give the trainer the right to use the client’s account and log in with the client’s User ID.
Reverse engineer, decompile, decrypt, modify or use the Service or a part thereof to create imitating software
Circumvent any content protection method used by the Service or its licensors
Rent or lease a part of the Service
Use the services in a way that violates these terms

In addition, the Customer agrees to take reasonable care to ensure that the Service and its contents are not used without authorization.

7. Data protection and security

7.1 Data security

The Customer is aware of the fact that the use of an open information network involves a data security risk. The Service Provider shall endeavor to arrange the security of its information systems in a generally accepted manner and prevent unauthorized individuals from accessing the information systems.

The Service Provider is not responsible for the Customer’s data security when using the Service. The Customer is responsible for the protection and security of the computers, information systems, local area network and other similar devices and systems needed to use the Service. The Customer is responsible for the consequences of insufficient protection as well as for any damage caused to the Service Provider, users or third parties by viruses and other similar problems that have entered or spread through the network due to the Customer’s negligence.

7.2 Processing of personal data

The Service Provider will process the personal data of registered customers in accordance with the Privacy Statement and data protection of the Service as well as legislation regarding the protection of privacy.

The Privacy Statement is available on the Syke website. The document specifies which personal data is processed on the Syke website and how it is processed.

The user can prohibit the use of his / her personal data for direct marketing purposes by informing the Service Provider.

7.3 Use of cookies

The Service Provider may collect information regarding the use of the Service, usage volumes and other statistics and process and analyze this information. Therefore the Service Provider may use cookies.

The website uses cookie files to measure the use of the online service. One of them is the cookie of our web analytics system, Google Analytics, which is used for analyzing the use of the website and its parts. All visits are registered anonymously and cannot be linked to any personal data. The Service Provider requires that you accept the use of cookies so that you can use the Service Provider’s digital services.

8. Disputes

The aim is to resolve possible disputes between the Service Provider and the Customer through negotiations. If the negotiations are unsuccessful, the dispute will be resolved in the district court. The Customer may also file a suit in the local court in his / her domicile.

9. Service Provider’s contact details

The Service Provider’s contact details can be found on the website of the Service. The Service Provider will inform users of changes in its contact details on its website or through some other appropriate channel. The aim is to inform users of all changes well in advance.

10. Other terms

10.1 Transfer of access right

The Customer is not allowed to transfer the right to use the Service to a third party without prior written consent from the Service Provider.

Validity of the terms

These Terms of Use will take effect on 1 December 2016 and will remain valid until further notice.

Customer support

For more information about the Service and these terms, please contact the Service Provider’s customer service or read the instructions given on the Service Provider’s website.