Terms of Use

TERMS OF USE ACT HEAD IMPACT TRACKER PRODUCTS AND SERVICES

 Last updated 5th of May 2022

Please make sure to read these Terms of Use and any applicable Privacy Policies carefully before using ACT Head Impact Tracker products (to which head sensors are included) and/or services (to which this application, including smartphone mobile Application and relating Cloud services, is included).

 

GENERAL INFORMATION
ACT Head Impact Tracker products and services, all the content and information and the trademarks are property of Northern Sports Insight and Intelligence Oy (Address: Northern Sports Insight and Intelligence Oy, Terkko Health Hub, Haartmaninkatu 4, Building 14, 00290 Helsinki, Finland) and its subsidiaries. The information and content are only meant to give information. Copying, sharing and any other kind of use of the content is prohibited. No commercial gains are allowed without a written approval of Northern Sports Insight and Intelligence Oy.
Using the ACT Head Impact Tracker products and services mean you agree to comply with these Terms of Use and any applicable Privacy Policies. If you do not agree to these Terms of Use or our applicable Privacy Policies, you must not use ACT Head Impact Tracker products or services. ACT Head Impact Tracker smartphone mobile Application has been created to operate your personal ACT Head Impact Tracker head sensors, do not modify, copy, distribute, reproduce, publish, license or sell it, or any part of it, for commercial purposes.
These Terms of Use are governed by the laws of Finland. The Application is controlled by Northern Sports Insight and Intelligence Oy and its service providers in Finland. We make no representation that the Application is appropriate or available for use in other countries, or whether access is illegal or prohibited. Those using the application outside Finland do so on their own initiative and need to be in compliance with any local laws. Northern Sports Insight and Intelligence Oy may transfer its rights and obligations related to these Terms of Use to a third party without your prior consent. Please note that you are not allowed to transfer your agreement to these Terms of Use to any third party. If any part of clause in these Terms of Use is illegal, unfit or any other way unenforceable this part is separated from the Terms of Use and removed. The remaining parts of this Terms of Use will remain and be binding and enforceable. We may amend these Terms of Use from time to time and the most current version of the Terms of Use will be available on our website www.act-tracker.com. You accept the amended Terms of Use by continuing to use our products and services.

OUR LIABILITY
ACT Head Impact Tracker is a measuring device. ACT Head Impact Tracker is not a protective gear or device and it does not protect against injuries of any kind. ACT Head Impact Tracker is not a medical device and it does not provide medical advice. ACT Head Impact Tracker is not intended to be used in any kind of diagnostics, and it does not provide any kind of diagnostic or treatment of a health problem. ACT Head Impact Tracker products or services, any content or information there, is not to be used in place of consultation of licensed medical professional. In case of a head impact, or when suspecting one or a concussion, immediately and safely leave the activity and seek help from licensed medical professionals. In case of an emergency, call an ambulance. If you have been given medical advice by a licensed medical professional, always follow that advice despite any information or content in or from ACT Head Impact Tracker. Northern Sports Insight and Intelligence Oy or ACT Head Impact Tracker are no health care specialists, nor is communication between you and us or ACT Head Impact Tracker forming any kind of doctor – patient relationship.

We do not guarantee that ACT Head Impact Tracker products or services will meet your requirements. We do not guarantee that ACT Head Impact Tracker smartphone mobile Application, sensor hardware or firmware, cloud service or firmware, data transfer or any other part of the products or services, any information obtained or not obtained from using the products or services will be error-free, secure or timely. We do not guarantee that information received or not received when using ACT Head Impact Tracker is timely, accurate or reliable, or that the errors in the products or services are corrected. We cannot guarantee that ACT Head Impact Tracker product or services or any content on them, will always be available or uninterrupted.

WARRANTY
All information, software, services and content on this application is provided “as is” and without any warranty. Northern Sports Insight and Intelligence Oy, its subsidiaries, employees and partners disclaim all warranties with regard to any information in or from ACT Head Impact Tracker products or services, including, but not limited to all implied warranties and conditions of merchantability for a particular purpose, title and non-infringement.  We cannot guarantee that ACT Head Impact Tracker products or services relating to it will meet your requirements. We make no warranty that ACT Head Impact Tracker products or services or information obtained from using them will be error-free, secure or timely. We make no warranty that information received or not received from using ACT Head Impact Tracker is accurate or reliable, or that the errors in the products or services are corrected. We make no warranty that ACT Head Impact Tracker product or services or any content on them, will always be available or uninterrupted.
 

YOUR LIABILITY
You assume total responsibility for your use of ACT Head Impact Tracker products and services. You can stop using ACT Head Impact Tracker products and services at any time. To the greatest extent allowed by applicable laws, by agreeing to the Terms of Use and by using ACT Head Impact Tracker products and services, you agree, hold harmless and release Northern Sports Insight and Intelligence Oy, its subsidiaries, employees, representatives, licensors and partners from any and all liability. You agree that the parties released (this means Northern Sports Insight and Intelligence Oy, its subsidiaries, employees, representatives, licensors and partners) are not liable for any damages relating to using or inability to use ACT Head Impact Tracker products or services, information or content on it or from it.

 

ACCOUNT, PASSWORD, USING APPLICATION
ACT Head Impact Tracker smartphone mobile Application has been developed so that you can use and interact with your ACT Head Impact Tracker head sensor(s) and get Shared Information from other Users. The application for example enables you to create User account, Profile(s) and connect ACT Head Impact Tracker head sensors to your Profile(s). Please make sure your Application, user-ID and password are safe. Your Application and data security are your responsibility, not ours (unless the data breach is on our Cloud service). You are responsible for all the activities on your User Account and/or from your devices. ACT Head Impact Tracker smartphone mobile Application is made available to download free of charge and contains in-App purchases. You can stop using ACT Head Impact Tracker products and services at any time.
For the Application to work properly, the device you use it with has to meet the requirements specified in the relevant Application stores. To use ACT Head Impact Tracker, Bluetooth® wireless connection and location services need to be enabled in your mobile device for ACT Head Impact Tracker smartphone mobile application, and always when using it with ACT Head Impact Tracker head sensor.

For the data transfer from the sensor to the mobile device with the Application, from the mobile device with the Application to the Cloud, and from Cloud to the assigned mobile device(s) with the Application valid SIM-card or e-SIM with mobile data and roaming (if needed) enabled, on and active, or connection to Wi-Fi are needed. You alone are responsible to have the data transmission capacity required at your mobile device’s disposal. Charges from your mobile operator or any other service providers may apply when using mobile data, roaming, data transfer or Wi-Fi. You alone are responsible of covering any such costs.

Be aware of reach limitations with data transfer technologies. It may be that for proper performance your mobile device with Application must be in the close proximity of ACT Head Impact Tracker head sensor and do so within 120 seconds from the impact occurring to enable swift data transmission from sensor to your mobile device with Application. In certain conditions the reach can be 10 meters or even less.
Sometimes ACT Head Impact Tracker products or services, like the Application or the Cloud service relating to it, are not functioning properly. Reasons for this may be, but are not limited to, the location of the nearest radio tower, atmosphere events, topographic circumstances, your mobile device, your mobile device’s operating system or its updates, your location, your device’s too long distance from the head sensor, weather conditions or physical barriers (such as buildings). Service interruptions or disconnections may also be due to force majeure reasons including, but not limited to, strikes, third party interference, governmental reasons, technical workings and your mobile device phone operator’s workings. 
If your mobile device with the Application is broken, switched off, on a flight mode, battery is low or empty, not compatible with the Application just to give few examples, ACT Head Impact Tracker products or services are not functioning or not functionaing as intended. Same applies if the head sensor is broken, switched off, its battery is low or empty.

Do not only trust ACT Head Impact Tracker or the information or content on it. Always in case of a head impact, or when suspecting one or a concussion, immediately and safely leave the activity and seek help from licensed medical professional. Do not return to activity without a permission from the licensed medical professional.

 

DATA SECURITY
We cannot fully guarantee the security of your account, your data on your account, or your personal information. We are doing our best to keep your data safe, but we cannot promise that our security measures can prevent “hackers” from illegally accessing ACT Head Impact Tracker products or services or their contents. Help us by reporting us any breach of the security.

You may only use the application in the purpose it is meant to be used at. For example, you may not use the sensor, Application or Cloud Service:

• in a way which infringes the rights of anyone else,
• for illegal purposes, or let or enable a third party to do so,
• to copy, modify, alter or otherwise tamper with any relating software, databases and other technology part of application,
• to gain commercial benefit from using the product or services, or from any content on it. We deem ourselves what activities are those of taken to gain commercial benefit,
• to transmit any material containing viruses, Trojan horses, worms, spyware, adware or other harmful programs, or
• to penetrate or attempt to penetrate Application’s and/or Cloud service’s security measures

You alone are responsible for your interactions with others who use the Application or to whom you give permission to see your content and information. If you have breached any term of these Terms of Use, we may discontinue your access to the Application and/or Cloud service. 

We use encryption software to ensure secure communication from our sensors to our Applications and from our Applications to our Cloud. In particular, we use AES CBC, BLE, Hypertext Transfer Protocol (HTTPS) and OpenSSL to securely transport information.

Please note that use of encryption may not be allowed by law in your country. You are responsible for ensuring that the use of encryption is legal where you use ACT Head Impact Tracker products or services.

 

DISCONTINUATION OF THE PRODUCT OR SERVICES
Northern Sports Insight and Intelligence Oy may terminate providing ACT Head Impact Tracker products and/or all or any services relating to it any given time. In case of discontinuation of ACT Head Impact Tracker products and/or services, four (4) weeks prior notice will be provided to you by sending an email to your email provided by you to our systems. You have four (4) weeks from the day the discontinuation notice has been sent to take out and store elsewhere your impact information history to prevent it from disappearing and becoming inaccessible. Northern Sports Insight and Intelligence Oy is not responsible for storing your personal or impact information or history after this and you will not have access to your own information or any other features or functionalities of the products or services after this time.

 

PRIVACY POLICY
Our Privacy Policies explain what Personal Information we collect and why, how we process it and what measures are taken to protect your privacy. The policies apply to all Personal Information we collect.

The Application uses cookies and other similar tracking and analytics technologies to constantly develop our products and services by improving our users’ usage experience.

 

NOT FOR CHILDREN UNDER 16 YEARS OLDS
Children under 16 years of age must not submit any Personal Information to ACT Head Impact Tracker products or services. We do not knowingly collect or process any Personal Information from children under 16 years old. Aggregated, unidentifiable Impact, Profile and User information is collected and processed from all Users of ACT Head Impact Tracker products or services.

 

LOCATION SERVICES
Location services must be enabled on your mobile device to be able to use the ACT Head Impact Tracker smartphone mobile Application with head sensor. While enabled, the Application will also collect and use data about your location. You can turn it off, but if you do so, ACT Head Impact Tracker products or services will not function.

 

INTELLECTUAL PROPERTY RIGHTS
Northern Sports Insight and Intelligence Oy is the sole and exclusive owner of all intellectual property rights in respect of ACT Head Impact Tracker products and services, and all the information, data, material and content published on it. The owner has all legal rights to use all content for any purpose, commercial or otherwise. The Application is for your personal use with no commercial use or gain. Your use of the Application does not grant you any rights whatsoever in relation to our intellectual property rights. Please note that your license to use our products or services is limited, non-exclusive, revocable and nontransferable.  

 

UPDATES TO PRODUCTS AND SERVICES
Updates to ACT Head Impact Tracker products or services can be done at any time or for any reason. These updates will make the smartphone mobile Application and/or Cloud service temporarily unavailable. We recommend checking for the Application updates regularly and to ensure that you have the latest version of the Application installed. Otherwise, functionality of ACT Head Impact Tracker products and services may be compromised.

 

UPDATES TO THE TERMS OF USE
Information on the updates to the Terms of Use will be featuring on this document in our website, and on the smartphone mobile Application when you log in to the Application after updates have been made. After the announcement of the changes in the Terms of Use, using the ACT Head Impact Tracker products or services mean that you have agreed to the changes made. If you do not agree to the changes, you must stop using ACT Head Impact Tracker products and services.

DOWNLOADING OUR APPLICATION
When you download our ACT Head Impact Tracker smartphone mobile application from the Apple App Store, Google Play or any other application store or distribution platform (referred from hereon as "App Store"), you agree that:

• These Terms of Use are concluded between us, and not with the App Store, and that we are solely responsible for our application,
• The App Store has no obligation to any maintenance or support services with respect to our application or handle any claims,
• The App Store is not responsible for addressing any claims you have relating to the ACT Head Impact Tracker smartphone mobile Application, including product liability claims, consumer protection claims or any other claim our application fails to conform to any applicable legal or regulatory requirement, and
• The App Store is a third-party beneficiary of these Terms of Use and may have the right to enforce these Terms of Use against you.

You must also comply with the App Store's own applicable terms of service when using the ACT Head Impact Tracker smartphone mobile Application.
IMPORTANT NOTICE: Your ACT Head Impact Tracker application is part of system, where information flow from the head sensors to the cloud takes place. Use of mobile data on your mobile device with the application may occur at any time when ACT Head Impact Tracker head sensors are used. If you do not wish to be part of the system, turn Bluetooth® wireless connection off, or turn off the mobile data in your mobile device. 

PAYMENTS
To pay any fee, you must provide us information about your preferred payment method. If you provide your payment information, you authorize us and our third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You represent and warrant that you have the legal right to use your selected Payment Method and any payment information provided by you. No refunds or credits will be provided. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. Fees, with any required taxes, are paid on monthly basis. All fees are paid in advance. Northern Sports Insight and Intelligence Oy reserves the right to increase the fees, any associated taxes, or to institute new fees at any time upon notice. Fees will be billed automatically at the start of the monthly period and will auto-renew until your subscription for them is terminated. You may cancel your subscriptions at any time, but please note that you will not receive a refund of any portion of the fees paid for the current subscription period at the time of the cancellation.

 

WARRANTY DISCLAIMER
Our products and services are provided “as is” and ”without warranty of any kind”. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding our products or services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of our products or services will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your own uploading, downloading and/or use of information, content or other material sent to or obtained via our products or services. If certain jurisdictions limit or do not permit disclaimers or warranty, this disclaimer is in force to the greatest extent permitted by applicable law.

 

LIMITATION OF LIABILITY
To the greatest extent permitted by applicable law, we will not be responsible for any lost data, cost of substitute products or services, or any direct or indirect, special, consequential, exemplary or punitive damages, however caused and regardless of the theory of the liability, related to or arising out of these Terms of Use or your use of our products or services, even if we have been advised of possibility of such damages.

 

LIMITATION OF DAMAGES
To the extent permitted by applicable law, in no event shall the company, its affiliates, directors or employees, or its licensors or partners, be liable to you for any loss of any profits, use or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (1) Your use or inability to use the head sensors or the products; (2) The use, disclosure or display or your user content; (3) Your use or inability to use the smartphone mobile Application or the service, or Cloud service; (4) The smartphone mobile Application, Cloud service, or the service generally or the software or systems that make the smartphone mobile Application and the services, and Cloud Service available; or (5) Any other interactions with the company or any other user of the head sensors or the products, or any other use of the smartphone mobile Application or the services, or Cloud service, whether based on the warranty, contract, tort, negligence, fraud, or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. If certain jurisdictions limit or do not permit disclaimers of liability, this disclaimer is in force to the greatest extent permitted by applicable law.

 

YOUR AGREEMENT TO THE TERMS OF USE
You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these Terms of Use.  You further acknowledge that these Terms of Use together with all applicable Privacy Policies represent the complete and exclusive  statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.