Privacy policy - terms

BREAK PRO - Privacy policy

Privacy policy

BREAK PRO BREAK EXERCISE APPLICATION

Ergo Pro Oy / Break Pro Finland

Business ID: 2744833-1

Break Pro Oy

Business ID: 2841713-1

Address: Merikapteenintie 30 A, FI-00890 Helsinki, Finland

Phone: +358 40 5068919

E-mail: info@breakpro.fi

Introduction

The Finnish company Ergo Pro Oy and Break Pro Oy (hereinafter referred to as “Break Pro”) ensures appropriate data protection when you use its services. Due to this, we have defined the practices according to which your personal data is processed and protected.

Break Pro works as the administrator of the data that you have provided and is responsible for the processing of your personal data in accordance with EU’s General Data Protection Regulation 2016/679 and the Finnish law.

Data Collection

When you first begin using the application, we will store your email address and your public IP address.
No data shall be collected during the “full.msi” and ”small.msi” installation methods.

2.1. Data Storage

The data that we collect from you are stored in the European Economic Area (“EEA”).

2.2 Use of Data

The collected data is used by us to manage the right to access and use the application.
Data concerning you will be stored for as long as is necessary in order to fulfill the purposes mentioned above or as long as is provided by law.

Disclosure of Data to a Third Party

We do not sell, exchange or otherwise transfer your data that enables identification to external parties. This does not apply to trusted third parties who help us with the maintenance of the application or conduct our business, but these parties are also committed to maintaining the confidentiality of the data.
In addition, we disclose data only in situations required by law when the aim is to investigate or prevent illegal activities.

Protection of Data

We use encryption that represents the latest technology to encrypt your data that is sent online.
Only the employees who are required to carry out a particular task (such as invoicing) may use your data. Computers/servers that contain data that enables identification are kept in a secure environment.

What Rights Do You Have?

You have the right to request information on your personal data that we possess at any time (once a year for free). The request for an inspection must be signed and sent in writing to the company’s customer service. If your data are incorrect, incomplete or unnecessary, you may ask that they are corrected or deleted.
You have the right to file a complaint to the Data Protection Ombudsman if the data protection obligations are not fulfilled. You may contact us by mail at Ergo Pro Oy/Break Pro Oy, Merikapteenintie 30 A, FI-00890 Helsinki, Finland, by e-mail at info@breakpro.fi or by phone at +358 40 506 8919.

Consent

By using the application, you accept the privacy policy.

Person Responsible for Personal Data

Ergo Pro Oy / Break Pro Oy
Janne Rajakallio
Merikapteenintie 30 A
00890 Helsinki
Finland
Mobile: +358 (0)40 506 8919
E-mail: info@breakpro.fi

BREAK PRO - Licensing agreement

END-USER LICENSE AGREEMENT

The Break Pro Break Exercise application made available in the App Store and Google Play Store is not sold, but licensed to you – i.e. you are provided the right to use the application under these terms and conditions. The license for the application requires that you first accept this license agreement between you and Break Pro Oy. The application will hereinafter be referred to as the “Licensed Application”. Break Pro Oy, hereinafter “License Provider”, does not grant and is unable to grant more extensive rights to the Licensed Application than those provided under these terms and conditions.

1. Scope of license

The License Provider grants you a non-transferrable license to use the Licensed Application with any Apple device (iOS, macOS), device using Android or Windows operating system, of which you are the owner or holder and for other than commercial purposes. The regulations of this license agreement cover all content and services that are part of the Licensed Application, and the updates provided by the licenser that replace or complement the original Licensed Application. You are not allowed to share the Licensed Application or modify/make it available over a network, in which it can be used on several devices simultaneously. You are not allowed to transfer, share or sublicense the Licensed Application and if you sell your device to a third party, you must remove the Licensed Application from the device before selling it. You are not allowed to copy (except under this license), decrypt, attempt to gain access to the source code, modify or create a derivative work based on the Licensed Application, updates or parts thereof (except insofar and only to the extent that any of the abovementioned restrictions is prohibited by applicable law).

2. Consent for use of data:

You accept that the License Provider may collect and use technical data and associated information – including, but not limited to technical data concerning the device, system and application software and peripheral devices – that are collected at regular intervals to facilitate the provision of software updates, product support and other services (where applicable) related to the Licensed Application. The License Provider may use this information to improve its products, provide you services or technologies as long as the information is in a format that cannot be used to identify you personally.

3. This license agreement remains in force until you or the License Provider terminates it. Your right to use the application will end automatically if you do not follow its terms and conditions.

4. No warranty: You recognize and accept that you use the Licensed Application at your own risk. To the extent permitted by applicable legislation, the Licensed Application and the services provided with the Licensed Application are provided “as is” and “as available”, with all faults and without warranty of any kind. The License Provider hereby disclaims all warranties and terms and conditions regarding the Licensed Application or any other service, whether express, implied or statutory, including, but not limited to any implied warranties and/or conditions regarding merchantability, satisfactory quality, fitness for a particular purpose, accuracy and noninfringement of third party rights. No oral or written information or advice given by the License Provider or its authorized representative shall be deemed to create any warranty. Should use of the Licensed Application or service prove to be defective or deficient, you are personally responsible for all necessary costs arising from service or repairs. Because some jurisdictions do not allow restricting implied warranties or limitations to the applicable statutory rights of the consumer, some or all of the abovementioned exclusions or limitations may not apply to you.

5. Limitation of liability.

To the extent not prohibited by law, the License Provider shall in no event be responsible for personal damages or any random, specific, indirect or consequential damage, including, without limitation, damages arising from lost profits, loss of data, suspension of business operations or other commercial damages or losses, arising from and relating to the use of the Licensed Application or inability to use it, regardless of the theory of liability (contract, tort or otherwise) and even if the License Provider has been notified of the possibility of such damages. Because some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, this limitation may not apply to you. In no event shall the total liability of the License Provider for all damages (other than as may be required by legislation on personal injury) exceed the sum of 60 euros. The foregoing limitations will apply even if the abovementioned remedy was inadequate for its purpose.

6. The License provider reserves the right to amend the terms of this license agreement at any time without advance notification. The License provider will always attempt to announce amendments to the terms of the license agreement in advance.

7. The Finnish law is applied to the terms and conditions of this license agreement wherever possible according to the legislation in force.

BREAK PRO - Terms of delivery - Consumer Customers

BREAK PRO TERMS OF DELIVERY – CONSUMER CUSTOMERS

1. General

These terms shall apply to all subscriptions that the customer (hereafter “you”) makes from Break Pro Oy, (Business ID 2841713-1). These terms shall also apply to the start of a free trial period of BREAK PRO Break Exercise Program and, if you wish, you may continue to use the program as a paid version after the free trial period. You can start to use BREAK PRO Break Exercise Program via the Break Pro Oy website https://www.breakpro.fi/download/ , App Store and Google Play Store.

BREAK PRO is a Break Exercise application, which is available for the following operating systems: Windows 7, 8.1 and 10, Android, iOS and macOS (Mojave 10.14 ->). The minimum requirements are Android version 7.0 and iOS version 11.0.

BREAK PRO Break Exercise Program is a tool designed by top physiotherapists for taking breaks at work, improving ergonomics and boosting wellbeing at work. BREAK PRO will remind you to do break exercises at intervals or times set by you. The break exercise videos filmed on sunny, breathtakingly beautiful Finnish shores will guide you through invigorating break exercises.

BREAK PRO break exercise videos will be downloaded when they are first viewed, so a working network connection is required to use the program. Once the videos have been downloaded on the device, a network connection is no longer needed.

By using the service and subscribing, you accept the Terms of Delivery, the End-User License Agreement and the Privacy Policy. Make sure that you have read and understood the terms before using the service.

The program may be used by an adult or an under 18-year-old with the guardian’s consent. An adult guardian must accept the above terms before use. A subscription can be made only by a person who is at least 18 years of age and legally competent.

2. Free Trial Period Without Obligation

Before the final purchase decision, you may use the program free of charge for 14 days without obligation by downloading it from our website https://www.breakpro.fi/download , App Store or Google Play Store.

Break Pro Oy shall grant the right to a free trial and may restrict the use of a free trial to prevent misuse. We reserve the right to discontinue a free trial if it becomes apparent that you are not entitled to a free trial. For example, if you currently have or have recently had (e.g. within the last 12 months) a free trial of BREAK PRO, you are not entitled to another free trial.

You may begin your free trial period via the Break Pro Oy website, Apple’s App Store or Google Play Store.

To log in to the program, enter your e-mail address in the activation field and click on “Confirm e-mail address”. The e-mail address must be your correct and valid e-mail address.

The Activation Code will be sent to your e-mail. Enter the Activation Code in the activation field in the same place where you entered your e-mail address earlier. If you cannot find the e-mail, check your Junk Mail folder. After you have entered the correct Activation Code, the program is ready to use.

To enable the timing feature of the program: When your device asks you whether you allow notifications from BREAK PRO, choose “Allow” so that the program can remind you to do break exercises. You can change the notifications later through the Settings the device.

We will send reminders to your e-mail during the free trial period. At the start of the trial, you will receive a notification that the trial period is starting. If you do not want to use the paid program after the trial period, the usability of the program will end and you must remove the program from your device.

3. Price

When the free trial period ends, you will hopefully want to continue using BREAK PRO Break Exercise Program as a paid version.

After the free trial period, you can continue using the BREAK PRO Break exercise program for a fee. The price will depend on the duration of your subscription period and will be presented during the purchase. If you subscribe to the program, you can install the program on five devices used personally by you. If you install the program on only one device, this will not have the effect of reducing the price.

4. Subscribing / Establishing an Agreement

To continue using the paid program, you must purchase the program from App Store or Google Play Store, choosing your preferred method of payment. When purchasing the license from the App Store or the Google Play Store, you can choose any payment method available. After purchasing the license from the App Store or Google Play Store, you can also install the program on your computer (Windows, macOS) under the same license.

After this, your subscription will be automatically extended, and you will be billed periodically according to your subscription.

5. Subscription Period

Your subscription to use the program will continue periodically. Your subscription is charged using the payment method you have chosen on the calendar day that corresponds to the first day of your paid license period. The date of payment may change if, for instance, the use of the method of payment selected by you fails or your paid license period begins on a calendar date that is not included in all months.

6. Termination and Cancellation of a New Subscription Period

You may terminate the start of a new subscription period at any time during an ongoing subscription period and shall have the right to use the program until the end of the ongoing subscription period. Otherwise, a new subscription period will begin automatically as the previous one ends. You are not entitled to cancel an ongoing subscription period after you have provided prior consent to the immediate start of the right to use the program when making your subscription. Within the limits prescribed by law, payments shall not be refunded nor partially used license months or unused programs reimbursed.

The subscription will be automatically renewed unless cancelled at least 24 hours before the end of the current subscription period. A new subscription period can be terminated from the Subscription page in Settings.

7. Other terms

In addition to these Terms of Delivery, the End-User License Agreement shall be observed. To use BREAK PRO Break Exercise Program, you must also accept our Privacy Policy.

8. Customer Service

We are happy to serve you at info@breakpro.fi.

9. Applicable Law and Disputes

Finnish law.

In the case of any disputes, more information is available at www.kuluttajariita.fi/en

10. Company Information

Break Pro Oy

Merikapteenintie 30 A

FI-00890 Helsinki

Finland

Business ID: 2841713-1

VAT number: FI28417131

Contact information: Break Pro Oy

Sähköposti: info@breakpro.fi

Phone: +358405068919

BREAK PRO - Terms of delivery - Business

BREAK PRO

BREAK EXERCISE PROGRAM

GENERAL TERMS OF DELIVERY

25.5.2020

These general terms of delivery (hereinafter referred to as Terms of Delivery) specify the terms under which Ergo Pro Oy (Ltd) under the auxiliary business name Break Pro Finland (hereinafter referred to as Breakpro) shall deliver and/or sell, and the delivery recipient (hereinafter referred to as Customer) shall receive and/or purchase the rights of usufruct for the delivery object, which is a break exercise computer program 3.4 and later versions developed by Breakpro (hereinafter referred to as Break Exercise program). The program may be used in Windows, macOS, Android and iOS operating systems.

1 Rights of usufruct

1.1 The rights of usufruct for the Break Exercise program can be specified in greater detail in a tender offer (hereinafter referred to as Tender) submitted to the Customer or in an agreement or similar arrangement (hereinafter referred to as Agreement), to which the Terms of Delivery are appended. The Customer is responsible for ensuring that its personnel, as appropriate, abide by the Terms of Delivery and any terms and obligations specified in a Tender and Agreement. The Customer is not entitled to resell or in any other manner transfer its rights of usufruct to the Break Exercise program.

1.2 The prices (hereinafter referred to as Charge for Usage) specified for the rights of usufruct to the Break Exercise program in accordance with the given pricing schedule valid at that time are without value-added tax (VAT). The current VAT shall be added to the Charge for Usage. The Charge for Usage can be specified in greater detail in an Agreement or Tender.

1.3 The Break Exercise program’s date of delivery to the Customer (hereinafter referred to as Date of Delivery) can be specified in an Agreement or Tender. Unless otherwise indicated in an Agreement or Tender, the Date of Delivery shall be the date on which the Customer receives the Break Exercise program software installation media according to the purchase and/or the information required to start up the Break Exercise program.

1.4 The Customer agrees on his/her part to comply with the number of users agreed for the Break Exercise program, and the Charge for Usage shall be specified based on the number of users, unless otherwise agreed. The Customer is entitled to install and specify use of the Break Exercise program for as many users as separately agreed upon in an Agreement or Tender.

1.5 The Customer shall not install or use the Break Exercise program in any way that violates the Terms of Delivery, Agreement or Tender.

1.6 Unless otherwise agreed upon in the Tender or Agreement, the right of usufruct for the Break Exercise program is valid indefinitely. Either party may give notice to relinquish the rights of usufruct for the Break Exercise program one month before the beginning of the subsequent billing period at that time.

1.7 These Terms of Delivery do not apply to any other services or products provided by Breakpro. Their terms of delivery and use shall be agreed upon separately.

2 Delivery terms

2.1 The Customer shall pay the Charge for Usage in accordance with the Breakpro pricing schedule valid at that time based on an invoice sent at the beginning of each billing period (12 months) within thirty days (30 days) of the invoice date, unless otherwise agreed in an Agreement or Tender.

2.2 The Charge for Usage shall be paid to Breakpro’s bank account: IBAN: FI34 1400 3000 1374 04, BIC: NDEAFIHH.

2.3 Breakpro reserves the right to restrict or prohibit use of the Break Exercise program in the event that the Charge for Usage or a part of said Charge is past due and unpaid.

2.4 In the event that the Charge for Usage falls past due, the Customer shall be required to pay an annual penalty interest of eight per cent (8%) on the portion in arrears. If payment requires the use of collection procedures, the Customer shall also be responsible for paying reasonable collection fees.

2.5 Breakpro shall transfer the Break Exercise program rights of usufruct ”as is”, wherein the impeccability or approval of the Break Exercise program cannot be affected by the fact that, for example, a suitable application cannot be found for said program.

2.6 The Customer shall be responsible for performing the necessary procedures for installation and start-up of the Break Exercise program.

3 Additional costs

3.1 Breakpro may charge the Customer any fees or compensation specified in the pricing schedule valid at that time for work performed by and/or costs incurred after the Date of Delivery, such as for consultation ordered by the Customer related to use or installation of the Break Exercise program, regardless of the reason for which the Customer is ordering work done by Breakpro. This type of additional work, however, must always be agreed upon in advance with the Customer.

3.2 The Customer, at its own expense, shall be responsible for all hardware, software and their compatibility, which are required and a prerequisite for use of the Break Exercise program.

4 Copyrights

4.1 Breakpro shall not transfer to the Customer its copyrights or other intellectual property rights to any part of the Break Exercise program, nor the materials contained therein, such as videos or photographs, graphics and trademarks, instructions and maintenance documents, and the technologies used in the Break Exercise program, such as the programming language comprising the program.

4.2 The Customer shall be obligated to refrain from: making any alterations, repairs or additions to the Break Exercise program; presenting the Break Exercise program in public; renting or distributing the Break Exercise program to third parties or otherwise transferring it for further distribution; and making or commissioning copies of the Break Exercise program or portions of said program without prior written consent from Breakpro. Procedures related to the operation of the Break Exercise program, copying its code or translating its form outside the scope of compulsory regulations under the Copyright Act are hereby prohibited. Upon termination of the rights of usufruct, the Customer shall be required to destroy without unjustified delay all copies of the Break Exercise program or any of its parts in its possession. If the Customer wishes to amend or has any questions concerning any of the points specified above or other content in the Terms of Delivery, it agrees to contact Breakpro well in advance.

4.3 If, under an agreement between the Customer and Breakpro, the Customer edits the Break Exercise program by adding its own image and/or text material, all rights to said image and text material belong to the Customer and shall not be transferred to Breakpro.

4.4 The Break Exercise program also utilizes third party material, such as audio material licensed from a third party. Only the rights of usufruct specified in the Terms of Delivery that Breakpro is permitted to transfer within the scope of its rights are transferred to the Customer also where third party material is concerned.

5 Rectification of damages and errors

5.1 Breakpro is not liable for any indirect or direct damages caused by use of the Break Exercise program or any of its parts. It is only liable for direct damages in cases where the damages were caused by premeditation or gross negligence on the part of Breakpro. Breakpro is not responsible for any problems in the Customer’s own systems or hardware.

5.2 Breakpro shall not grant any warranty or offer a separate maintenance service for the Break Exercise program, unless otherwise agreed upon in writing prior to the Date of Delivery. Breakpro is responsible for the operation of the Break Exercise Program. Breakpro is obliged to repair any occurring defects or deficiencies in the software without delay.

5.3 The liability for risk for the Break Exercise program shall be transferred to the Customer on the Date of Delivery.

6 Confidentiality

6.1 Both parties shall hereby refrain from disclosing any material, information and business secrets received from one another that are designated as being confidential, whether explicitly or implicitly.

7 Miscellaneous

7.1 The Terms of Delivery cannot as such be considered a tender offer.

7.2 Breakpro reserves the right to transfer an agreement based on the Agreement or Tender to a company within the same group.

In all other cases agreements may not be transferred to third parties without the written consent of both parties.

7.3 Breakpro is not liable for any personal accidents, pain or injuries. The exercises in the Break Exercise program are developed by professionals and are intended for healthy individuals.

7.4 Breakpro reserves the right to use the Customer’s name and logo as a reference and in its marketing materials.

7.5 Neither Breakpro nor the Customer are liable for any damages caused by failure to comply with the obligations under the Terms of Delivery, Tender or Agreement, provided that the reason for non-compliance is a force majeure, which prevents or delays the performance of obligations and is beyond the control of the party in question. The fulfilment period for the Terms of Delivery or other specified obligations shall be extended until such a time as the impacts of said conditions have abated.

7.6 If the Terms of Delivery, Tender or Agreement are in mutual conflict, first priority with regard to compliance shall be given to the Agreement, second to the Tender and third to the Terms of Delivery.

7.7 Finnish Law is applicable in the Terms of Delivery, Tender and Agreement. Every effort shall be made to resolve any disputes arising from these in mediation between the parties. In the event that no resolution is reached, the matter shall be settled in the Vantaa District Court.

7.8 The General Terms of Delivery applicable to BREAK PRO Break Exercise program shall enter into force on 25.5.2020 and they shall apply to deliveries of Break Exercise program version 3.4 and later versions. Breakpro reserves the right to dissolve or amend the Terms of Delivery as well as give notice with immediate effect for the Agreement and/or Tender, provided that it is absolutely necessary and any extension of the agreement period would incur unreasonable expense or inconvenience to it.

Ergo Pro Oy (Ltd), auxiliary business name Break Pro Finland, Domicile: Vantaa, Address: Merikapteenintie 30 A, FI-00890 Helsinki, Business ID: 2744833-1, VAT reg.