(a) the Summa website located at summa.bio ("Website"),
(b) the software applications we make available for download or access at our Website, at the Apple ® App Store, or other locations we indicate ("Software Apps"),
(c) any Summa products ("Summa Products"), and
(d) data services made available by Summa through the internet to users of Summa Products or Software Apps that provide and permit the access, collection, storage, processing, analysis and/or transmission of data generated by a Summa Product or Software App ("Data Services").
We refer to our Website and our Data Services as the "Summa Services." We refer to you, and any minor child or other person for whose use and on whose behalf you have the legal right to purchase a Summa Product, as a "User".
By using and accessing any Summa Product, Summa Service or Software App or by clicking "accept" to this Agreement, you are agreeing to this Agreement.
All of the following terms are a single legal agreement between you and Summa. If a word or phrase is framed in this Agreement by "Quotation Marks" and marked in bold text, it means that the word or phrase may be used again, and it will have the same meaning as set forth in the sentence containing the word or phrase in quotation marks and bold text.
1. Scope of this Agreement
1.1 Summa Services are not medical or healthcare services
You understand that Summa is not a healthcare professional and does not provide medical, health or other professional services or advice, nor do we verify the accuracy of User Data (as such term is defined in Section 4.2 below). Summa Services and Software Apps are not replacements for proper medical care, and you agree that the User, as applicable, is solely responsible for obtaining proper treatment for his or her conditions.
1.2 Additional Summa Services or Summa Products Terms
In addition to the terms set forth in this Agreement, any other terms and conditions that we post or make available through any Summa Service, or otherwise make available to you, apply to your use of Summa Services, Software Apps and Summa Products and are incorporated into and made a part of this Agreement. These additional terms include, but are not limited to the following:
- any description located on our Website;
- third-party copyright and other notices located on our Website;
- Summa Engineering copyright and trademark notices located on our Website;
- any documentation provided by Summa in the application, application description in the Apple ® App Store or Instructions for Use for a Summa Product, Software App or Summa Service
1.3 Summa Product Contact Information
If you have purchased a Summa Product and have questions concerning your Summa Product, please contact Human Engineering by email email@example.com.
2.1 Changes to Terms of This Agreement
Subject to applicable law, Summa can change the terms of this Agreement by notifying you of such changes by any reasonable means, including by posting a notice of new terms to our Website. Your clicking "accept" to the new terms or your continued use of any Summa Product, Summa Service or Software App after any such change is acceptance of the new terms.
Any such changes will not apply to any dispute between you and us arising prior to the date on which we notified you of the revised Agreement incorporating such changes. If you do not agree with the new terms, you have the right to discontinue your use of the Summa Services and Software Apps as described in Section 5.2 below.
2.2 Changes to Summa Services or Software Apps
Summa Services and Software Apps, and the business, development and activities of Summa, are subject to change as determined from time to time by Summa in its discretion by notifying you of such changes by any reasonable means, including our posting of a notice on our Website or otherwise providing you with notice through the applicable Summa Service or Software App.
Subject to applicable law, your continued use of the applicable Summa Service or Software App after any such change is acceptance of the change. We reserve the right to introduce new features or functionality for which the payment of fees may be required. If you do not agree with the changes, as described in Section 5.2 below, you have the right to discontinue your use of the Summa Services, Summa Products and Software Apps.
3. Access to our Website
Our Website is accessible through the internet by any smartphone or other smart device or computer, in each case with a compatible browser. You are responsible for each computer or smartphone or device you use to access our Website, including providing and maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software.
4. Using Our Data Services and Software Apps
4.1 Our Software Apps
We may provide Summa Apps for your use on your computer or smart devices in connection with your use of Summa Products. Software Apps may provide stand-alone functionality, may be used in connection with our Data Services, or both.
4.2 Our Data Services
Our Data Services are intended to allow a User, as applicable, to use the data generated by, or created in connection with the use of, their Summa Product ("User Data") for which the Data Service is compatible ("User Device") to help the User, as applicable, to monitor their performance capacity, training adaptation, recovery, total strain levels, levels of the hormones cortisol and testosterone, and combinations thereof.
Use of our Data Services requires an internet-enabled smartphone or computer. Some Data Services receive User Data from a Software App that is downloaded to your smartphone. Users are entitled to provide, or direct the Data Service to provide, such data and reports to others as they determine at their own responsibility.
4.3 Using our Data Services and Software Apps
Each Data Service or Software App may require the creation of a Summa user account ("User Account"). If so, you are required to accurately complete and maintain the User Account and to provide us with all required information.
4.4 Third Party Software Updates
Our Software Apps run on specific versions of third party operating systems and browser software for your computer or smartphone ("Platform Software"). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Software App. If you update Platform Software prior to us making available an appropriate update to a Software App, you may no longer be able to use the Software App you have been using, or the Software App may not properly function. We may determine not to provide a compatible update to the Software App, and therefore before you update Platform Software, you should first check the applicable location where you originally downloaded the Software App to determine if an update to the Software App or Data Service is needed.
4.5 Consistent Use
4.6 Rights to Summa Services and the Software Apps
Upon your acceptance of this Agreement, and so long as you comply with the terms of this Agreement, until either party terminates this Agreement, Summa grants you the personal, limited and nonexclusive right to use (a) our Website for your personal noncommercial use, (b) Data Services as they are intended to be used as described at the relevant page of our Website or in materials provided through the Data Services, and (c) Software Apps as they are intended to be used as described at the relevant page of our Website, in the Software App or in materials provided by us with or for the Software App, all in accordance with the terms of this Agreement.
Summa and the third parties from which we license certain technology ("licensors") own all right, title and interest to the Summa Services and the Software Apps; the information, artwork and other content available through or at Summa Services and Software Apps; the processes, methodologies, documents and other materials we use to provide the Summa Services and Software Apps or that we provide to you in connection with your use of Summa Products, Summa Services, or Software Apps; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to Summa Products, Summa Services, and Software Apps ("Intellectual Property Rights"). Summa Products, Summa Services and Software Apps are subject to the notices of Intellectual Property Rights provided by Summa on our Website, and you must abide by the requirements in all of such notices.
All Intellectual Property Rights are reserved by Summa and its licensors, and no Intellectual Property Rights are granted to you except as set forth in this Section 4.7. Trademarks, servicemarks, trade dress, logos, names and other symbols identifying Summa, Summa Services, Summa Products, and Software Apps, and the goodwill relating thereto, are owned by Summa and its licensors. You may not remove or alter any notice provided by Summa on, or in connection with Summa Products, Summa Services or Software Apps.
4.7 Third party requirements
Summa Products, Summa Services and Software Apps may include software, data or other items licensed to us by third parties. Your use of such third party items is subject to the provisions of this Agreement, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third party items posted by us at our Website or which we otherwise provide or make available to you, as they are amended by us from time to time. The version of such license provisions that is applicable to your use is incorporated into and made a part of this Agreement.
4.8 Summa Services or Software Apps Age Requirement
By agreeing to this Agreement, you are representing that you are eighteen (18) years old or older and have the legal capacity to enter into this Agreement.
4.9 Use of third party software or equipment with Summa Products, Summa Services or Software Apps
Summa does not endorse, recommend or validate any third party software or equipment for use with Summa Products, Summa Services or Software Apps. Any use by you of any such third party software or equipment is at your sole risk. We have no responsibility or liability arising from your use of such third party software or equipment, such as damage to your Summa Products or problems, inaccuracies or malfunctions in Summa Products, Summa Services or Software Apps arising from such use.
4.10 Other restrictions to your use of Summa Services and Software Apps
You will not, and you will not permit anyone under your control to, do or attempt to do any of the following:
- use Summa Services or Software Apps to harm, threaten, or harass any person or organization;
- use Summa Products, Summa Services or Software Apps for commercial purposes or to benefit any third party;
- use or attempt to use any unauthorized means to modify, reroute, or gain access to Summa Services;
- damage, disable, overburden, interfere with or impair Summa Services (or any network or device connected to a Summa Service);
- enable unauthorized third party applications to access Summa Products or Summa Services or interface with any Software App;
- share your account password or otherwise authorize a third party to access or use Summa Services or Software Apps on your behalf unless we provide an approved mechanism;
- sublicense or transfer any of your rights under this Agreement;
- modify, copy or make derivative works based on any Summa Service or Software App; reverse engineer or derive the source code for any Summa Product, Summa Service or Software App not provided to you in source code form, except to the extent such restriction is expressly prohibited by applicable law;
- create Internet links to or from any Summa Service or "frame" or "mirror" any content which forms part of any Summa Service or Software App;
- use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use any Summa Service or Software App, or to copy or scrape data from any Summa Product, Summa Service or Software App;
- otherwise use any Summa Product, Summa Service or Software App in any manner that exceeds the scope of use granted to you in this Agreement or set forth in any Summa Product Labeling; or
4.11 Misuse of your Summa Product, Service or Software App
Misusing a Summa Product, Summa Service or Software App, improperly accessing it or the information it processes and transmits, or taking other unauthorized actions may put the User (or their User Data) at risk, cause the Summa Product, Service or Software App to malfunction, or otherwise prevent or hinder the proper and intended use of the Summa Product, Service or Software App. Any such misuse is not permitted.
4.12 Summa Services or Software Apps Availability
Summa Services and Software Apps may be interrupted or unavailable, and if they are, you must rely upon direct use of the User Device for the User, as applicable, health monitoring.
4.13 By purchasing, registering or using Summa Products, Summa Services or Software Apps, you are making certain assurances to Summa
You represent, warrant and agree that all information you provide to us will be true, accurate, current and complete, and you will only use Summa Services, Summa Products and Software Apps for the personal benefit of the applicable User, as applicable, in accordance with this Agreement.
4.14 Summa is not responsible for third party matters
Without limiting the provisions of this Agreement or expanding the scope of Summa's responsibilities, Summa is not responsible for outages or defects in power, telecommunications, computers, smart devices, third party software and any other event outside of Summa's direct control.
5. Suspension and Termination of Summa Services
To the extent permitted by applicable law, Summa can suspend or terminate any Summa Service or Software App, or suspend or terminate your right to use any Summa Service or Software App, as it determines for any valid reason. In addition, we have no obligation to support any version of a Summa Product, Summa Service or Software App once a new version of such is released.
6. Disputes and Governing Law
6.1 Governing Law and Arbitration
Except to the extent prohibited by applicable law, the terms of this Agreement are governed by the laws of Finland, in Finland, without regard to its principles of conflicts of law and regardless of your location.
6.2 Notice of Dispute
In the event of a dispute arising under or relating to this Agreement, the disputing party must provide the other party with written notice of the dispute, including the facts giving rise to the dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to Summa by mail or overnight delivery at the following address: Summa Finland Oy, Moreenitie 15 / 4, 90620 Oulu, Finland.
6.3 Equitable Relief
Any violation of a party's intellectual or industrial property rights will cause the non-violating party irreparable harm for which monetary damages are an inadequate remedy, and the non-violating party is entitled to temporary, preliminary and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required.
7. Apple-Specific Terms.
In addition to the foregoing, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of any Software App compatible with the iOS operating system of Apple Inc. ("Apple").
In addition, you must comply with the terms of any third-party agreement applicable to you when using any Software App, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
8. Complete Agreement.
This Agreement is the complete and final agreement between the parties relating to Summa Products, Summa Services and Software Apps; supersedes any prior agreements or communications between the parties; and may only be modified as described in this Agreement (see Section 2.1). Failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement has been drafted in English at the express request of the parties.
9. Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Summa Services infringe your copyright, you (or your agent) may send to Summa a written notice by mail or by e-mail requesting that Summa remove such material or block access to it.
If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through any Summa Service, the DMCA permits you to send to Summa a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Click here for details. Notices and counter-notices must be sent in writing to Summa DMCA agent as follows: By mail to Summa Finland Oy, Moreenitie 15 / 4, 90620 Oulu, Finland, or by e-mail to firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. You may have equivalent rights under other applicable laws.
In accordance with the DMCA and other applicable law, Summa has adopted a policy of terminating, in appropriate circumstances, Summa Service users who are deemed by Summa to be repeat infringers. Summa may also at its sole discretion limit access to the Summa Service and/or terminate the accounts of any Summa Service users who infringe any intellectual property rights of others, whether or not such users are deemed to be repeat infringers.
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