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Speedhero Legal Information
Terms Of Use
Privacy Policy
End User License Agreement
Refund Policy
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1. ACCEPTANCE OF TERMS
Welcome to the Speedhero electronic shopping and community service, provided to you by Entetrainer Ltd. (“we” or “us”). These Terms Of Use (“TOU”) govern your use of the content and services offered through Entetrainer. Terms for using software are set forth in the End User License Agreement (“EULA”).
The TOU may be updated by us from time to time without notice to you. You should review the TOU periodically for changes at: http://www.speedhero.com/legal#termsofuse. Your use of the Speedhero service signifies your agreement to the TOU current at the time of use. If you disagree with the TOU or any changes hereto, you should discontinue your use of the Speedhero service.
Your use of a particular Entetrainer service may also be subject to guidelines and policies applicable to such service, which may be posted and changed by Entetrainer from time to time. All such guidelines and policies are incorporated by reference into the TOU. In case of inconsistency between the TOU and any guidelines or policies, the TOU will prevail.
2. DESCRIPTION OF SERVICE
Entetrainer provides users with an electronic shopping and community service for Speedhero ("Service"). The Service offers users methods to purchase Speedhero applications and registration for Player Cards, which feature sharing and comparison of results data. Unless explicitly stated otherwise, any new feature or enhancement or release of new properties to the Service, shall be subject to the TOU.
3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
We are concerned about the privacy and safety of all users of the Service, particularly children. For this reason, parents who wish to allow their children access to the Service should assist children in setting up relevant accounts and supervise the use of the Service. The Service is designed to appeal to a broad audience. It is your responsibility, as the parent, to determine whether any of the Services or Content (as defined in Section 6 below) are appropriate for your child.
4. ENTETRAINER PRIVACY POLICY
Registration Data and certain other information about you is subject to the Entetrainer Privacy Policy. For more information, please see our full privacy policy at http://www.speedhero.com/legal#privacypolicy
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONTENT
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not we are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is incorrect or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You agree not to use the Service to:
a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, an Entetrainer official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information under nondisclosure agreements);
f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or otherwise act in a manner that negatively affects other users' ability to use the Service;
j) intentionally or unintentionally violate any applicable law or regulation;
k) "stalk" or otherwise harass another; or
l) extract, collect, process, combine or store personal data about other users.
You acknowledge that we have no obligation to monitor any Content. We, and our designees, shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via the Service that may violate the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of any Content.
You agree that we may access, preserve, and disclose your account information and your Content: (a) to our affiliated companies worldwide for the purpose of providing the Content to you and others in an efficient manner; (b) for the purpose of properly administering your account in accordance with our standard operating procedures; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or safety of the Service, its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We reserve the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.
7. COMPLIANCE WITH LOCAL LAWS AND RULES
You agree to comply with all local laws and rules regarding online conduct and acceptable Content as well as with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8. PUBLIC CONTENT POSTED TO THE SERVICE
(a) You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Service, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to the Service may remain publicly accessible for an indefinite period.
(b) With respect to Content you elect to post for inclusion in the Service or that consists of photos or other graphics you elect to post to the Service, you grant us a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting products sold in the Service, or in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to the Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOU. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the TOU may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or vendor. To the fullest extent permitted by applicable law, you agree that: (a) we shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and vendors on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant vendor.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. ENTETRAINER PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
17. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
2. WE MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE OR FRAUD.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
Entetrainer, the Entetrainer logo and Entetrainer trademarks and service marks, and other Entetrainer logos and product and service names, like Speedhero, are trademarks of Entetrainer Ltd. ("Entetrainer Marks"). Without our prior permission, you agree not to display or use in any manner, the Entetrainer Marks.
23. GENERAL INFORMATION
The TOU (including the guides and rules referred to herein) constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Use of software is subject to EULA. The TOU and the relationship between you and us shall be governed by the laws of Finland. You agree to submit to the exclusive jurisdiction of the Finnish courts. Any failure by us to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Neither you nor we may assign or transfer any rights or obligations under the TOU without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
24 NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your Speedhero user account is non-transferable and any rights to your Speedhero user ID or contents within your account terminate upon your death. Any free account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with our policies.
24. VIOLATIONS
Please report any violations of the TOU to Speedhero customer care at support@speedhero.com
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PRIVACY POLICY, PRINCIPLES FOR PERSONAL DATA PROTECTION
Description of the customer register for Entetrainer products and services
1. GROUNDS FOR DATA REGISTER AND GENERAL DESCRIPTION OF ENTETRAINER'S PRIVACY PRINCIPLES
The basis for processing personal data is the consent, customer relationship or other relevant relation of the person registered.
Entetrainer respects the privacy of its customers and is committed to comply with applicable data protection and other laws. Throughout this Policy the term "personal data" shall mean information relating to an identified or identifiable individual, i.e. a natural person. "Entetrainer" shall refer to Entetrainer Ltd. and its subsidiaries.
This Privacy Policy is the register report for Entetrainer's products and services, describing the processing of personal data collected in connection with Entetrainer's products and services.
Furthermore, additional information on the personal and other data collected in connection with the service in question and on its processing may be provided in connection with certain Entetrainer services. Such additional information, should it contradict with this Policy, shall take precedence over the Policy.
By using this website you are expressing your agreement to the processing of your personal data in the manner provided in this Policy. If you do not agree with the processing of your personal data in accordance with this Policy, please do not use the Entetrainer website or its services.
2. DATA CONTAINED IN THE REGISTER
Your personal data is collected when you register as a user of Entetrainer's services, in connection with the sale of products and services and with the use of services, as well as in connection with promotional and sales campaigns related to Entetrainer products and services.
Your personal data may also be collected from third party registers, such as the Population Information System, "Robinson Lists" maintained by the Finnish Direct Marketing Association and other corresponding registers. The personal data collected by us includes data in the following categories:
* Technical data Although it is generally possible to browse the Entetrainer website without the need for registration or identification, your browser submits certain information to Entetrainer, such as your IP address, date and time of browsing, the site from which you came to Entetrainer, the pages you visit, the links you use and the content you browse. Other technical data, which is collected, may also be created in connection with the use of Entetrainer products and services. For example, your telephone number, the date and time of using the service and other data may be transferred to Entetrainer as part of normal data communications. Entetrainer uses cookies on its websites. For further information on the use of cookies, please see section 8 (User Identification and the Use of Cookies).
* Information submitted by the customer Entetrainer may collect the following data in connection with its products and services: customer's name, address, telephone number, mobile operator, e-mail address. We may also collect other contact details required for the delivery of products and services, customer communications and user identification.
Moreover, we may collect demographic information such as age, gender, language, place of residence as well as information pertaining to your preferences, wishes and consents, required by us, for example, to develop our products and services and to target our services.
In connection with some of our services we may also collect information relating to other persons, for example, when you want us to deliver the products you have purchased to another recipient.
* Information relating to customer and contractual relationships We collect information concerning matters relating to customer and contractual relationships, such as the products and services you order and/or use, contracts, contacts and customer complaints, as well as information relating to the provision and use of warranty and other services. We also collect information relating to the payment and invoicing of products and services, such as invoicing address and credit card information, as well as information relating to the validation of credit information and other corresponding financial information. We may also record customer service calls and collect other information related to the interaction between you and Entetrainer and between you and the merchant represented by us.
3. REGISTER PURPOSE
We use your personal data for the following purposes:
· Provision of products and services We may use your personal data to manage your orders, to enforce contracts and other corresponding obligations, and to respond to your requests and queries. Personal data may also be used to identify users, to provide products and services, to ensure information security, and to prevent and investigate misuse within the limits of the applicable law. Your personal data will not be disclosed to third parties for marketing purposes without your consent.
· Development of products and services Your personal data may be used for the development of Entetrainer's products and services. We primarily use statistical and other corresponding information that cannot be used to identify individual users. Your personal data may also be used for the targeting of our products and services, for example, to allow us to show customized content to you. We may compile statistics required for the development of products and services and aggregate information collected in connection with different products and services insofar as the data was collected for the same purpose.
· Customer communications and marketing Within the limits of the law, your personal data may be used for the marketing of the products and services of Entetrainer and the merchants and partners represented by Entetrainer, for direct marketing, for marketing research and for customer communications, for example, to inform you of our products and of matters relating to our services. We may also conduct surveys related to customer satisfaction.
4. SHARING OF DATA
Entetrainer does not sell, lease or otherwise disclose your personal data other than in the following situations:
· Consent We may disclose your personal data insofar as you have given your consent. Some of our services may be of such a nature that they publish users' personal data, such as community services and services that users may use to publish their own content.
· Entetrainer's subsidiaries and subcontractors Your personal data may be disclosed to Entetrainer's subsidiaries and subcontractors insofar as they participate in the implementation of the purpose of the service described in this Policy. Such third parties may not use your data for any other purpose than the provision of the service for or on behalf of Entetrainer; such third parties are obliged by us to keep your data confidential and to ensure that sufficient information safety measures have been taken to protect your personal data.
· International Data Transfers Entetrainer's products and services may be provided using resources located around the world. Therefore, your personal data may be transferred between different countries. Such transfers may include transfers of personal data to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection. In such cases Entetrainer takes steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by the European Commission, to ensure that personal data is processed in accordance with this Policy.
· Mandatory Disclosures Your personal data may be disclosed on the basis of demands made by authorities on the basis of applicable legislation.
· Mergers and Acquisitions Should Entetrainer sell its business or a part thereof, the personal data related to the business in question may be transferred to the new owner.
5. HANDLING OF DATA RELATING TO MINORS
Our policy is that minors under the age of 13 may not make purchases or engage in other legal acts on this site without the consent of their parent or legal guardian.
We take the online safety of minors seriously. We take measures to ensure that the service is compliant with the Children's Online Privacy Protection Act (COPPA) and is in line with best practice in the industry. Such measures may include, but may not be limited to;
· Limiting information displayed on a user’s profile page that would allow someone to identify or contact a child.
· Use of parental consent for all internal uses of personal information, such as marketing back to a child based on his or her preferences or communicating promotional updates about site content, including additional steps to increase the likelihood that the parent has, in fact, provided the consent.
· Not coaching users as to how to get past the age requirements during registration.
· Reasonable effort to prevent re-registration attempts by a user that entered a date of birth that indicated he or she was not yet 13.
· Termination of user accounts and removal of all records of personally identifiable information in cases where the service becomes informed that it has collected personal information of a person under 13 without parental consent.
Parents or guardians with any questions or requests for account deactivation should contact support@speedhero.com
6. DATA QUALITY
We take reasonable steps to keep the personal data we possess accurate and up-to-date. Certain Entetrainer services may allow users to manage their own personal data. Please remember that it is your responsibility not to provide Entetrainer with false information.
7. SECURITY
While there are always risks associated with providing personal data, and no technology or process is completely safe, Entetrainer takes appropriate technical and organizational information security measures to protect personal data against unauthorized access, disclosure or other unauthorized processing, considering the nature of the data, technical opportunities for data protection, relevant threats and data protection costs.
Such measures include, where appropriate, the use of firewalls, encryption, secure server facilities, implementing proper access rights management systems and processes, adequate instructions for persons involved in data processing, careful selection of subcontractors, and use of contractual and other relevant measures. We use technology complying with relevant standards to ensure the confidentiality of our transactions.
8. USER IDENTIFICATION AND THE USE OF COOKIES
Entetrainer may use cookies on its website. Cookies are small files sent to your computer from our website, enabling the collection of certain information about your computer, including your IP address, your computer's operating system, your browser type and the address of the site from which you came to Entetrainer's website. The use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session or the need to re-enter items you place in a shopping cart if you do not finish a transaction in a single visit. Cookies are also used for website traffic analysis so that we may develop our services.
We may also use so-called "web beacons" in connection with some websites. We do not use web beacons to identify individual users, but to develop our websites. Web beacons are typically graphic images placed on a website, which can be used to collect information on the use of the website. Web beacons do not typically produce information other than the information submitted by the user's browser to the service provider as part of the use of services. They also enable the analysis of cookies. If the use of cookies is not allowed, web beacons will be unable to track users' actions, but they will still be able to collect information produced by your browser.
If you do not wish to receive cookies, or want to be notified before they are placed, you should change your browser settings accordingly if the browser allows you to do so. However, please note that if you disable cookies, you may not be able to use all of the services or functionality on the website. Some service providers whose content is linked to or from the Entetrainer website may also use cookies or web beacons on their websites. Entetrainer does not have access to or control over such cookies.
9. YOUR RIGHTS
Within the limits of applicable law, you have the right to check the information relating to you that we have collected. Within the limits of applicable law, you have the right to demand that false, unnecessary, deficient or outdated personal data be corrected or removed. You also have the right to forbid Entetrainer from processing information relating to you for purposes of direct advertising, remote sales or other direct marketing or marketing and opinion surveys.
In order to exercise the rights described above, you should send a signed written request to:
Entetrainer Ltd.
Privacy
Tekniikantie 12
02150 ESPOO
FINLAND
10. REGISTER NAME AND CONTROLLER
The name of the register is Entetrainer customer register.
The controller is Entetrainer Ltd. (Business ID FI2230760-1), Tekniikantie 12, 02150 ESPOO, FINLAND.
12. CHANGES TO THE REGISTER RECORD
We reserve the right to change the contents of this register record at any time. If the contents of this register record are materially weakened from the point of view of those registered, our customers shall be notified of such changes in the Entetrainer service for 30 days.
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THIS END USER LICENSE AGREEMENT ("EULA") is made by and between Entetrainer OY (“ENTETRAINER” or, as applicable, a “Party”) and you (“CUSTOMER” or, as applicable, a “Party” and together with ENTETRAINER, the “Parties”). This EULA is applicable to all software products of ENTETRAINER ("Software") delivered to CUSTOMER, unless otherwise agreed.
1. GENERAL
The Software is a proprietary product of ENTETRAINER and is protected by copyright laws and international treaties. By installing and using the Software CUSTOMER indicates that CUSTOMER accepts, understands and agrees to be bound by the terms and conditions of this EULA. If you do not agree to all of the terms and conditions contained herein, please return Software and all copies thereof to the dealer from whom Software has been obtained.
ENTETRAINER may revise these terms at any time and the revised terms shall automatically apply to the corresponding versions of the Software distributed with the revised terms. If any part of these terms is found void and unenforceable, it will not affect the validity of rest of the terms, which shall remain valid and enforceable according to its terms. These terms may be modified in writing only by ENTETRAINER.
2. DEFINITIONS
“Error” means any substantial deviation from the features and properties set forth under this EULA.
“Intellectual Property Rights” means all patents and patent rights, utility models, copyright rights, mask work rights, trademark rights, trade secret rights, and all other intellectual property or proprietary rights anywhere in the world, including, without limitation, all applications and registrations with respect to the foregoing.
3. PRODUCT DESCRIPTION
The Speedhero application is a downloadable mobile phone software application, created by ENTETRAINER. The Speedhero application uses sound recognition technology and in-flight algorithms to measure and display the top speed of balls (or relevant sport-specific objects, such as, but not limited to, pucks and shuttlecocks) used in specific sports. The top speed information is displayed on the mobile phone screen. There are different editions of Speedhero available for, and specific to, different sports. When used correctly the Speedhero application offers reliable and accurate measurement of the top speed of a user’s shot (or relevant sport-specific action, such as, but not limited to, a drive, smash or hit).
4. GRANT OF LICENSE
Upon acceptance of this EULA, as evidenced by continuing with the setup procedure, ENTETRAINER grants CUSTOMER a non-transferable, non-exclusive, non-sub-licensable, limited license to use one copy of the enclosed Software on a single device suitable for software, such as a mobile phone (“Device”). ENTETRAINER reserves any and all rights not expressly granted to CUSTOMER. ENTETRAINER retains ownership of all copies of the Software and released updates and upgrades to the Software. ENTETRAINER provides CUSTOMER the Software in downloadable electronic format only.
5. COPY AND USE RESTRICTIONS
The CUSTOMER may copy the Software as necessary for backup, archival or disaster recovery purposes, provided, however, that in no event shall the CUSTOMER cause or permit more than two (2) copies of the Software to be in existence at any time including the copy that is in use on the Device. The CUSTOMER may not, nor allow any third party to: (i) decompile, disassemble, or reverse engineer the Software, except to the extent expressly permitted by applicable legislation, without ENTETRAINER’s consent; (ii) remove any product identification or proprietary rights notices; (iii) lease, lend, use Software for timesharing or service bureau purposes; (iv) publish any performance or benchmark tests or analysis relating to the Software; or (v) otherwise use or copy the Software except as expressly provided herein.
CUSTOMER has no right to transfer the Software to any third party except as expressly set forth above. Subject to section 4 above, CUSTOMER may transfer the Software to another Device owned by the CUSTOMER. Notwithstanding anything to the contrary in this EULA, CUSTOMER understands and agrees that ENTETRAINER has no liability howsoever arising if the CUSTOMER transfers the Software from one Device to another Device and that the CUSTOMER bears full risk of Software not being operational on such other Device.
6. DELIVERY
ENTETRAINER shall deliver the Software in downloadable form from authorized sources in object code form. The CUSTOMER shall at its own expense acquire and prepare the Device and its operating environment to be suitable for downloading according to instructions given by ENTETRAINER. In case CUSTOMER chooses to download the Software to a Device not specified as suitable by ENTETRAINER, CUSTOMER shall bear full risk of Software not being operational. Unless otherwise agreed between the Parties, ENTETRAINER shall not be responsible for the installation of the Software. As sole remedy of CUSTOMER, ENTETRAINER may refund CUSTOMER and CUSTOMER shall uninstall Software and delete or return the Software and all accompanying materials to ENTETRAINER, in case of defect. In any event Software shall be deemed to be accepted by CUSTOMER when CUSTOMER takes Software into use.
7. INTELLECTUAL PROPERTY RIGHTS OWNERSHIP
Subject to the rights granted to the CUSTOMER under this EULA and/or applicable mandatory legislation, all right, title and ownership in and to the Software, as well as Documentation, including without limitation any and all intellectual property rights whether registrable or not, vest in and are and shall remain the sole and exclusive property of ENTETRAINER. For the avoidance of doubt, the Parties acknowledge and agree that ENTETRAINER shall have the right to use, sell, assign, transfer, license and sublicense copies of and/rights to the Software to any party in case it so desires and such actions shall remain at the sole and exclusive discretion of ENTETRAINER. Software and other products are protected by copyright, trade secret, industrial and other intellectual property laws and treaties.
8. WARRANTIES AND LIMITATIONS THEREOF
ENTETRAINER warrants and represents that the Software will, at the time of the delivery and for a period of thirty (30) days thereafter, substantially perform as stated in the specifications provided by ENTETRAINER to the CUSTOMER and on the operation environment specified by ENTETRAINER.
In the event any Error in the Software is caused by components contained in the Software, ENTETRAINER shall provide one (1) corrected version of the Software, or component contained therein, or relevant instructions how the Error shall be avoided, to the CUSTOMER for the aforementioned warranty period in order for the Software to substantially perform according to the specifications provided by ENTETRAINER.
The Parties acknowledge and agree that without prejudice to what has been stated above, ENTETRAINER neither warrants nor represents that the Software will meet the expectations of the CUSTOMER. The Software is provided “AS IS” and ENTETRAINER expressly disclaims any other warranty than herein stated.
The Parties acknowledge and agree that ENTETRAINER shall have no obligation to correct any Errors if such Errors are a result of a fault or negligence of the CUSTOMER and/or improper, incorrect, or unauthorized use of the Software, or use of the Software in manner, which the Software has not been designed, manufactured, or specified for in accordance with the specifications, or an external cause. The Parties acknowledge and agree that under no circumstances shall ENTETRAINER be liable to correct any Errors in the Software, if the CUSTOMER or any third parties have made any modifications to the Software. The foregoing warranties set forth the entire liability of entetrainer and the foregoing warranties are in lieu of any and all other warranties and conditions express or implied, including without limitation to those concerning merchantability and fitness for a particular purpose.
9. PAYMENTS [PRICE AND TERMS OF PAYMENT]
In consideration of the CUSTOMER’s right to use the Software granted pursuant to this EULA, the CUSTOMER has paid the required fees before downloading the Software and shall pay a license fee for the additional services ordered by CUSTOMER. Subject to the full payment of applicable fees, the CUSTOMER is granted the right to use the Software and services specified by CUSTOMER in each respective order and in accordance with this EULA.
10. CONFIDENTIALITY
The source code of the Software is a trade secret of ENTETRAINER and shall not be disclosed to the CUSTOMER.
11. LIMITATION OF LIABILITY
In no event shall ENTETRAINER be liable for any indirect OR consequential damages resulting from ENTETRAINER's, its co-operative partners' or ENTETRAINER Software's performance or failure to perform hereunder or the performance or use of any software or services sold or licensed pursuant hereto. in no event shall amount of ENTETRAINER's liability exceed the amount payable by CUSTOMER to ENTETRAINER from the Licenses of ENTETRAINER Software.
12. TERM AND TERMINATION
This EULA and the license granted herein shall be in force for twelve (12) months from the first time the CUSTOMER uses the Software. Either Party may, at its option, terminate this EULA and all licenses granted hereunder if the other Party breaches any material obligations under this EULA, and if such breach is not cured within ninety (90) days after written notice of the alleged breach. Upon termination of this EULA, the CUSTOMER shall (i) immediately cease using the Software(s), (ii) certify in writing to ENTETRAINER within thirty (30) days after such termination that the CUSTOMER has either destroyed, permanently erased, or returned to ENTETRAINER all copies the Software, and all copies in all forms, partial and complete, in all types of media and computer memory and storage, and (iii) immediately pay all fees due and payable to ENTETRAINER at the time of termination.
13. APPLICABLE LAW AND JURISDICTION
This EULA shall be governed by and construed in accordance with the substantive laws of Finland, excluding its choice of law provisions.
Any and all disputes, differences or questions between the Parties with respect to any matter arising out of or relating to this EULA shall be finally settled in arbitration by a sole arbitrator in accordance with the Rules of the Arbitration Committee of the Finnish Central Chamber of Commerce pursuant to the regulations in force. The arbitration shall be conducted in Helsinki, Finland, in the Finnish language. Any arbitration award shall be final and binding and may, if necessary, be enforced by any court or authority having jurisdiction.
14. MISCELLANEOUS
Support. Any support services, as well as customization or corresponding professional services shall be agreed separately between the Parties.
Force Majeure. Neither Party shall be liable to the other for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of Force Majeure. For purposes hereof, events of Force Majeure are events beyond the control of the Party which occur after the effective date of this EULA and whose effects are not capable of being overcome without unreasonable expense and/or loss of time to the Party concerned. Events of Force Majeure shall include (without being limited to) war, acts of government, export regulations, acts of terrorism, natural disasters, fire and explosions.
Remedies and Waivers. A failure to exercise, or any delay in exercising, on the part of either Party, any right or remedy hereunder shall neither operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
15. ACCEPTANCE
By continuing the setup procedure, CUSTOMER acknowledges that CUSTOMER has read this EULA, understands it, and agrees to be bound by its terms and conditions. CUSTOMER further agrees that this is the complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.
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Where the CUSTOMER purchases services or software from ENTETRAINER via the Website then from the moment these are made available, the CUSTOMER shall have no right to cancel the contract other than pursuant to these Terms and Conditions. No refunds will be paid by ENTETRAINER unless the Product is shown to have flaws or malfunctions that prevent the use of the Product.
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