Cuckoo Workout Terms of Service

Cuckoo Workout®

In effect as of 15.2.2021 

1.      General 

These terms of service (“Terms”) apply to you and Cuckoo Networks ltd, address Fredrikinkatu 34 A 16, 00100 Helsinki, Suomi (“Cuckoo”) regarding your use of Cuckoo website and Cuckoo Workout-service, together (”Service”). Your use of the Service is also governed with Cuckoo’s Privacy Policy and any other policies provided by Cuckoo and available at https://www.cuckooworkout.com/, which are incorporated herein by reference. 

BEFORE USING THE SERVICE, YOU MUST AGREE TO THESE TERMS

Please note, that the Service can be accessed only by persons over 18 years old. 

By accepting these Terms, you represent that you understand the presented preconditions to use the Service. If you are not authorized to, or do not accept these Terms, you may not use or otherwise access the Service.

If you access the Service through a social networking site or other third-party-services, you agree to comply with their terms of service as well as these Terms.

Cuckoo reserves the right, at its discretion, to change, modify, add or remove portions of these Terms, Cuckoo’s Privacy Policy and other relevant policies at any time by posting the amended terms on the Service. By continuing using the Service, you will be deemed to have accepted such changes. 

If at any point you do not agree to any portion of the then-current version the Terms, Privacy Policy or other relevant policy, you must immediately stop using the Service and your license to use the Service shall immediately and automatically terminate.

2.     Account

You must register as a user and create an account to access the Service. When creating the account, you must provide up-to-date and accurate information. Further, you shall promptly update your details and any other information for Cuckoo to be able to provide you the Service.

Cuckoo will always process your personal data in compliance with Cuckoo’s Privacy Policy available at nettisivu.com.

You shall keep your account information and password confidential and not disclose it to any third parties. If you know or suspect that any third party knows your password or has accessed your account, you must notify Cuckoo immediately at info@cuckooworkout.com.

You are solely responsible for all your activity in the Service.  

If you no longer want to use our Service, and would like your account deleted, you can delete your account by contacting us at: info@cuckooworkout.com. Cuckoo will provide you with further assistance on the process without unnecessary delay. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have uploaded to the Service.

3.     Right to use 

Cuckoo owns all rights, title and interest in and to the Service. Cuckoo grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service in accordance with these Terms.  Cuckoo does not grant you any other rights or transfer any rights to you. 

The following actions are explicitly restricted and you agree not to:

  • Use the Service in violation of any applicable law or regulation.
  • Disrupt or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service. 
  • Make available any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person. 
  • Harass, harm, bully or otherwise act inappropriately towards other users or Cuckoo’s employees. 
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service. 
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service. 

Cuckoo reserves the right to determine what conduct is considered to be in violation of these Terms. Any actions performed by you against these Terms may result in the revoking of your license and closing your account thereof in whole or partially, temporarily or perpetually.

4.    Use of the Service

Use in general. 

One of Cuckoo’s goals is to give employers a possibility to affect the wellbeing of their staff by providing the Service for their staff’s use. Another key goal at Cuckoo is to help employees cope better in their work. For this purpose, the Service has been created and we offer it for the use of employees and employers. 

In the Service, you can create a personal profile and follow and comment on what, how and when you and your colleagues have completed break exercise exercises. You can also present break exercise challenges to your colleagues and set the Service to remind you when to take a break and exercise.

Be sure to exercise due caution when performing break exercise exercises. For example, make sure the floor is not slippery and/or there are no physical obstacles near you. Also, do not perform exercises if performing them causes pain or otherwise feels harmful to you. Cuckoo does not control in what kind of facilities, or in what health condition people perform break exercise exercises.

Interaction with other users.

When you are interacting with other users, you shall always act in accordance with these Terms. Please note, that by using the Service, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. Cuckoo does not, cannot and will not monitor or pre-screen all of the content and conduct of the users. When interacting with other users, you must always act in accordance with these Terms.

Your content and license to Cuckoo.

You are responsible for not posting any content, which infringes any third party’s intellectual property rights such as copyrights or trademarks.

All content you upload or create to the Service will remain your or the relevant owner’s property and no title will transfer by your upload of any content to the Service. 

Instead, when you share, post, create or upload content that is covered by intellectual property rights (like texts, photos and videos) on or in connection with the Service, you hereby grant to Cuckoo a non-exclusive, royalty-free, transferable, sub-licensable, perpetual, irrevocable, worldwide license to use in any way, including but not limited to host, distribute, modify, run, copy, publicly perform or display, and create derivative works of your content.

The license granted above does not apply to any of your content that can be clearly identified as personal data. Cuckoo will always process personal data in compliance with Cuckoo’s Privacy Policy available at https://cuckooworkout.com/service-privacy-policy/.

5.      Availability

Cuckoo provides the Service ’’as is’’ and ’’as available’’. Cuckoo may update, change, limit, suspend or terminate the Service, or portions thereof, and take legal and technical steps to prevent users from accessing the Service for any reason. 

Cuckoo may stop offering the Service or a part thereof at any time, at which point your license to use the Services or a part thereof will be terminated automatically. Cuckoo does not provide any compensation or other remunerations relating to the discontinued Services. 

6.      Third-Party-Services 

Service may include links to third-party-services (such as advertisements, information and other content displayed by third parties) and/or the third-party-services may be made available to you via the Service. These third-party-services and content may include, for example, information services for exercising, communication and collaboration platforms, rewards for accomplished break exercises and sport equipment ads. These services are subject to respective third party terms and conditions. Please read the relevant third-party-terms and conditions carefully as they constitute an agreement between you and the relevant third-party-service provider to which Cuckoo is not a party. Cuckoo is not responsible for any third party service or content.

7.        Cuckoo Workout add-on for Microsoft Teams

You may load a free Cuckoo Workout add-on for Microsoft Teams app through Microsoft marketplace. With the add-on you can connect your Microsoft account with the Service account. The add-on enables you to log in to the Service with your Microsoft account, communicate with Cuckoo Workout chatbot and receive suggestions or other notifications about exercises. Microsoft Azure Marketplace Terms apply to the loading of the add-on. The use of the add-on is governed, in addition to these Terms, by Microsoft’s terms and conditions.

8.      Disclaimer

CUCKOO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFROMATION, CONTENT, MATERIALS, FEATURES OR RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. THE USER IS ALWAYS RESPONSIBLE FOR ENSURING THAT THE EXERCISE PROPOSED BY THE SERVICE IS SUITABLE FOR THE USER’S STATE OF HEALTH, AND FOR THE USER PERFORMING THE EXERCISES IN APPROPRIATE FACILITIES. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND PERFORMANCE OF EXERCISES IS AT YOUR SOLE RISK.

9.       Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUCKOO SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DAMAGE TO PROPERTY, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY DIRECT OR INDIRECT LOSS OF PROFITS OR INCOME, OR ANY LOSS OR LOSS OF USABILITY OF DATA OR OTHER SIMILAR DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, CUCKOO SHALL NOT BE LIABLE TO YOU FOR MORE THAN A MAXIMUM OF ONE HUNDRED (100) EUROS.

NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CUCKOO.

10.      Governing Law and Dispute Resolution 

These Terms, Privacy Policy and all other Cuckoo’s policies shall be governed by Finnish law. Any disputes shall be settled in the District Court of Helsinki, or should you so desire, in the District Court of your domicile. If you are not domiciled in Finland, disputes shall be settled in the District Court of Helsinki if not otherwise set forth in any applicable law of your jurisdiction.

If you are domiciled in Finland, you can also submit disputes to the Consumer Disputes Board after you have contacted Consumer Advisory Service. 

Consumer Advisory Service. https://www.kkv.fi/en/consumer-advice/Kuluttajariitalautakunta

Consumer Disputes Board. https://www.kuluttajariita.fi/en/

Further, if you are an EU citizen, you can submit disputes through Online Dispute Resolution. For this purpose you will need the e-mail address of Cuckoo’s customer service, which is: info@cuckooworkout.com.

ODR: 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

11.       Miscellaneous

Force Majeure. Cuckoo will not be liable by reason of any failure, breach or delay in the performance of its obligations due to events beyond the reasonable control of Cuckoo, which includes, but is not limited to, denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, terrorism, and governmental action.

Assignment. Cuckoo may assign these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under these Terms or the Privacy Policy without Cuckoo’s prior written consent, and any unauthorized assignment and delegation by you is void.

Severability. If any provision of these Terms are held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 

No Waiver. Cuckoo’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Language versions. In the event of any discrepancy or inconsistency between the Finnish version of these Terms and any other language version, the Finnish language version shall prevail.

Entire Agreement. These Terms, Cuckoo’s Privacy Policy and any other policy and any documents expressly incorporated by reference herein, contain the entire understanding of you and Cuckoo, and supersede all prior understandings of you and Cuckoo hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Cuckoo with respect to the Service.