Terms of Use for W2E

These Terms of Use shall apply to the use of the W2E website administered by Wellness Warehouse Engine Oy (hereinafter referred to as “W2E”) and related online services (hereinafter collectively referred to as “Service”). By using the Service, you agree to accept these terms. If you do not accept these terms, you are not authorized to use the Service.

By using the Service, you certify that you are over 13 years of age, as the Service is not intended for use by persons under 13. If you are over 13 years of age but considered a minor according to the legislation of your country of residence, please have your parent or legal guardian complete the registration on your behalf.

Privacy Policy

We respect your privacy, and our research activities are not based on selling your personally identifiable information to any outside parties. By using the Service, you agree to the use of your personal information strictly in accordance with the W2E Privacy Policy. The most current versions of our Terms of Use and Privacy Policy are always available on our website at https://w2e.fi/frontpage/terms.html and https://w2e.fi/client/#/privacy.html.

Use of the Service and authorised users

Unless otherwise specified in agreements regarding special customer projects, the personal use of and registration to the Personal Data Store version of the Service ("PDS") shall be free of charge until further notice.

Business use of W2E is a commercial SaaS service, where registered organisation customer's applicable subscription license defines maximum number of monthly active end users whose data sources can be linked and accessed via the authorised API interface (by using an "API key"). W2E monitors and may limit the use of Service according to limitations of customer's license, and customer is responsible for acquiring a suitable license.

If your organisation provides you access to the aforesaid commercial part of W2E Service, i.e. other than the service for collecting, authorising links to your personal external services and viewing your personal wellness data, you certify to the best of your knowledge that your organisation or community has been authorised by W2E to use the Service, and you are thereby authorised to use the Service.

User Generated Content

In connection with using the PDS, users are offered the opportunity to submit more detailed personal information and other biometrical information to the Service and provide feedback (hereinafter referred to as “User Generated Content”). You retain full rights to your User Generated Content. Your rights to User Generated Content shall not be transferred to W2E on the basis of your use of the PDS.

Subject to the restrictions set forth in the W2E Privacy Policy, you, however, grant W2E an irrevocable, non-exclusive, transferable, worldwide and royalty-free license to use and commercialize User Generated Content for core purposes related to the Service, including the right to store, edit and further develop User Generated Content. Any use of User Generated Content that includes personally identifiable information, including pseudonymised data, shall always be governed by the W2E Privacy Policy. Specifically, third party processing of this content to any purposes is always subject to your express, unanimous consent.

By submitting User Generated Content to the Service, or allowing the automatic retrieval of User Generated Content from other services, you agree not to submit content that may be considered illegal, libellous or pornographic. In addition, you warrant that your User Generated Content will not infringe or violate the rights of any third party.

Costs

The PDS available for personal use at the website https://w2e.fi is offered free of charge until further notice. The use of the Service for applied or scientific purposes via use of specific software interfaces (SaaS use through customer-specific API key) is subject to a fee. The commercial subscription alternatives and related fees are available via W2E website or if missing from therein, upon request from W2E sales reachable via email at sales@w2e.fi.

Ownership and intellectual property rights

All content and materials available on the Service and all intellectual property rights related thereto (with the exception of User Generated Content) shall remain the property of W2E or its licensors. You agree not to copy or edit the Service or the content thereof for any commercial or non-commercial purposes, unless expressly permitted in these Terms of Use. You further agree that you may not disable or bypass any security features of the Service or attempt to convert the Service into source code, unless expressly permitted by laws applicable to these Terms of Use. Further reproduction or redistribution of the Service or the content thereof, as a whole or in parts, including by framing or similar means, is prohibited without W2E’s prior express written consent unless W2E offers this as part of the commercial license of the Service.

You may not use the Service except as authorised herein.

Limitation of liability and restrictions

The Service and information available on this website are provided “as is”. You acknowledge and agree that W2E accepts no liability or responsibility for any use of the Service, including any decisions that you may make resulting from the use thereof.

Information provided on the W2E website is not intended or implied to replace the services of qualified medical professionals.

Except to the extent required by applicable laws, W2E and its partners make no warranty regarding the PDS or the content thereof. While W2E takes every reasonable effort that may be reasonably expected from a service provider to offer the Service in a professional manner, W2E does not guarantee the availability, validity or accuracy of the PDS. For commercial use W2E guarantees performance according to our Service Level Agreement.

W2E accepts no liability for any loss or damage arising directly or indirectly from the Service or the use thereof, including, without limitation, loss of income, loss of business, loss of data or transformation of data.

In no event shall W2E’s maximum liability hereunder exceed the sum of 500 euros, with the exception of death or bodily injury caused by gross negligence or wilful misconduct.

The Service is used for combining a broad range of biometrical data on wellness and physical activity from multiple sources. The Service is provided for informational and training purposes only and is in no way intended as a substitute for professional medical advice. The Service is not focused on the treatment of any diagnosed illness. Never rely on information on W2E in place of seeking professional medical advice.

Termination and compensation

Both you and W2E may terminate the Service Agreement for any reason and at any time. If use of the Service is linked to commercial subscription license and fee, W2E will refund you the unused part of invoiced subscription fee if more than half of the subscription period remains at time of termination.

W2E reserves the right to amend or discontinue the Service or any part thereof for any reason and at any time.

Usability

It is solely your responsibility to assess whether the Service and the content thereof meet your needs.

Indemnification

You agree to indemnify W2E and its partners from and against any loss or damage arising out of demands, claims or actions by a third party that result from (i) your violation of these Terms of Use; (ii) your use of the Service; or (iii) your User Generated Content. W2E shall notify you in writing of such a claim.

Inbound links

Linking to any page included in the Service (with the exception of the registration page) without W2E’s prior written consent is prohibited. Users create inbound links at their own risk. The use of inbound links is subject to the limitations specified herein.

Outbound links

The Service includes links to external resources and allows User Generated Content to be transferred to the Service from external resources. External content may be governed by different terms of use and privacy policy than W2E. We review the websites and services we link carefully, with special focus on appropriately communicated processing purposes and consent acquisition of our data using services, but cannot be held responsible for user terms and privacy policies found on external websites. As external use of User Generated Content is beyond the control of W2E, you should always refer to the terms that apply to the specific intended use.

Copyright

The Service and the content thereof are protected by copyright law and international treaties. W2E or W2E’s partners that generate information that is available in the Service own all right, title and interest in and to the Service.

Force Majeure

Neither party shall be liable for the other for non-performance of any of its contractual obligations that is due to circumstances that are beyond the reasonable control of the party concerned, including, but not limited to, strike, terrorism, war, rebellion, revolution, riot, public disorder, acts of civil or military authority, insurrection, earthquake, flood or other natural or man-made disaster that is unforeseeable, beyond our control and may lead to the termination of the Agreement.

A party declaring Force Majeure shall immediately notify the other party and make every reasonable effort to fulfil its contractual obligations.

Disputes and general terms

This Agreement shall be governed by and construed in accordance with the laws of Finland. With the exception of the choice of law, any disputes arising under or in connection with this Agreement shall be decided under the laws of Finland.

Commercial disputes arising under or in connection with this Agreement shall be finally settled by single-member arbitration in Tampere, Finland, in accordance with the Rules of the Arbitration Institute of the Central Chamber of Commerce of Finland.

In case any provision of these Terms of Use is held to be invalid or unenforceable for any reason, that provision shall be removed. The remaining provisions shall remain in full force and effect. Any failure or delay by W2E to exercise any right provided under these Terms of Use or the Agreement shall not constitute a waiver or prevent W2E from exercising such a right at a later time. These terms may only be edited, amended, changed or supplemented in writing by an authorized representative of W2E.

Amendments

W2E reserves the right to occasionally amend these Terms of Use at its sole discretion. As your continued use of the Service constitutes your compliance with these Terms of Use at all times, you are advised to regularly review the most current version of the Terms of Use at https://w2e.fi/#/terms.

Contact information

Please direct any questions and comments to info@w2e.fi.

This Agreement does not affect your statutory rights as a consumer.