Kunto Solutions

Terms and Conditions

1. Scope

Kunto Solutions Oy (later Kunto) is a privately held, specialty healthtech company headquartered in Finland. Kunto and its software products focus on supporting users’ recovery by tracking health and fitness indicators such as activity, experienced health and pain. When processing personal data, Kunto complies with data protection laws and ensures an appropriate level of information security.

Kunto’s digital platform, applications and related services (including new versions, updates, and other improvements) comprises a range of products subsequently referred to jointly as “Products” or individually as a “Product”. Each person who uses one or more of our Products is referred to jointly as “Users” or individually as “User”.

All of our Products are offered on the basis of the current version of these Terms and Conditions (T&Cs), and are applied to European Economic Area (EEA).

Please note that before using our Products for the first time you must consent to all of the declarations and agreements referred to and accept them during any further usage. The activation and use of our Products is prohibited without your consent to our T&Cs.

We work with various partners to ensure the optimal use of our Products. These include cooperation partners that supply us or our Users directly with certain Products as well as healthcare providers who may pay the cost of our Products for you. In these cases, we explicitly emphasize the applicable business terms of a third-party supplier or you must accept such business terms before you can acquire one of our Products via a third-party supplier. This also applies to the business terms and conditions of your mobile device or service supplier. For example, the app is provided for use through the Apple App Store or Google Play Store. This requires Users to comply with the terms of use of the service provider concerned as well as these T&Cs.

Kunto’s Products are divided in two categories: Consumer products and Enterprise products. In connection with these T&Cs, the following term definitions apply to individual product category:

1.1 Consumer products

Kunto offers individual users the following mobile apps, which can be downloaded from Apple App Store or Google Play:

  • Kunto Lite is an independent mobile application (app) for your smartphone or tablet that documents the progress of your recovery based on information collected both automatically by your device such as steps and activity, and provided by yourself such as pain and experienced health.

Our Consumer products provide information and content that has been assembled with the greatest of care and to the very best of our knowledge from internal and external sources. We nevertheless wish to emphasize that our Consumer products and services are only to be used to provide you with information and to build awareness but they cannot replace consultation with and diagnosis by a healthcare professional. Under no circumstances does Kunto issue medical treatment recommendations or medical advice of any kind. For questions on the symptoms, diagnosis or treatment, we recommend contacting a healthcare professional. The data provided must only be analyzed by you and your healthcare professional. No content can be understood as supplementing or replacing information from a healthcare professional.

1.2 Enterprise products

Kunto offers its corporate customers and healthcare professionals the following products, which comprise both a mobile app and a backend application:

  • Kunto Recovery is a solution for fact-based treatment decision support and patient recovery improvement. It includes an app for patients’ mobile phone for reporting and follow-up of their recovery progress.
  • Kunto Research is a tool for automated data-collection and efficient reporting of research cohort data. It includes an app for research patients’ mobile phone to collect recovery data for further analysis.

Our Enterprise products provide information, tests and exercises that have been assembled with the greatest of care and validated by healthcare professionals. However, we want to emphasize that our Enterprise products and services are only to be used either for testing and evaluation purposes or in connection with consultation and guidance by a healthcare professional. Under no circumstances does Kunto issue medical treatment recommendations or medical advice of any kind. For questions on the symptoms, diagnosis or treatment, we recommend contacting a healthcare professional. The data provided must only be analyzed by you and your healthcare professional. No content can be understood as supplementing or replacing information from a healthcare professional.

2. Data Protection

In our Privacy Policy described in more detail at https://kuntosolutions.com/privacy-policy/ we inform you about the use and protection of your data in connection with using our Products and on your consent required for this.

Note that the use of the Products is not possible without your privacy consent for necessary data processing. In our Privacy Policy we provide you with information under the GDPR on the basis of which you issue your consent for the necessary data processing.

Limited Use Disclosure

Kunto apps such as Kunto Lite obtains authorized client credentials to access Google Fit API to read your activity data. The app’s use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

3. Use of Our Products

You are obliged to use our Products exclusively in compliance with these T&Cs and avoiding all wrongful use.

Each User is obliged to state their input data truthfully and complete as well as not to pass it on to any third party. Personal data and user credentials must be treated confidentially and managed carefully. Kunto accepts no liability for lost or damaged data or content if this is not our fault.

As a User of our Products, you are responsible for obtaining the devices, software and data communication connections required to use the Product. The devices and operating systems that are compatible with the Products can be found in the app stores or requested at any time from support@kuntosolutions.com. You are also responsible for the costs of these and the functioning of the devices, software and connections.

3.1 Consumer product subscriptions

Free Test Period

We will give you access to a Product and related services free of charge for 30 days or as otherwise defined by us, so you can try out the Product until the earlier of (a) the end of the free test period for which you were registered, (b) the placement of a paid order for the Product, or (c) a termination by you or us in accordance with these T&Cs.

We grant you a limited, non-exclusive, non-transferable right and license to use the Product during the free test period for testing and evaluation purposes only and subject to any usage limits specified by us.
During the free test period, the Product and services are provided “As-Is”, and we disclaim all warranties and liabilities for the Product.

Registration and subscription

You can purchase our Consumer products via app stores or within our apps. They are paid for via the app store’s user account using the stipulated payment options. The relevant app store acts either as an agent and payment service provider for the app or as a direct seller. If you experience problems with downloading or payment, please contact support@kuntosolutions.com any time.

Subscription prices (including statutory value-added tax) must be paid – depending on the offer and selection – once or repeatedly (e.g. on a monthly, or 6-monthly basis). The current fees are displayed in our app or the app stores and are due for payment in advance. If payment is not processed directly via the app store, we can send you invoices and payment reminders by email. In the event of culpable, late, or incomplete payment, we are entitled to block your access to our Products. Your usage fee payment obligation remains unaffected by this.

We grant You a limited, non-exclusive, non-transferable, non-shareable right and license to use the Product for the Subscription Term and in accordance with the scope and the terms of the these T&Cs.

3.2 Enterprise product subscriptions

If you are a User of our Enterprise product offered to you by our corporate customer organization that we have executed a Subscription Agreement for the Product, we will make the Product available to you for the applicable duration of the contractual Subscription period pursuant to these T&Cs and the applicable Subscription Agreement with our Corporate customer.

We grant You a limited, non-exclusive, non-transferable, non-shareable right and license to use the Product for the Subscription Term and in accordance with the Scope and the terms of the Subscription Agreement and these T&Cs.

3.3 Availability of our Products

We provide our Products in each case in accordance with the existing technical, economic, operational, and organizational possibilities. We cannot exclude any interruptions, disturbances, delays, deletions, incorrect transmissions, or storage failures in connection with using our Products or communication with Users. We partly offer our Products in cooperation with third-party suppliers and are therefore also dependent on the technical provision of third-party services. Therefore, we accept no responsibility, guarantee, liability, or obligation to provide our Products online at all times without interruptions.

This also applies to restrictions in using our Products due to force majeure, strikes, lockouts, and official instructions or due to technical modifications or maintenance work on the Kunto systems. In the event of disruptions or failures of our Products, please contact support@kuntosolutions.com any time.

4. Intellectual Property Rights

The software, code, methods, and systems as well as the content of our Products, excluding Customer Data, are protected by copyright and competition law and may exclusively be used by Kunto. Our Products or parts thereof may not be copied, modified, reproduced, republished, posted, transferred, sold, offered for sale, resold, or used in any other way without our prior, written consent. Users are not permitted to use brands, logos, other commercial property rights or trademark rights of the Products. Unless otherwise provided by these T&Cs, all intellectual property rights and title to the Products are the property of Kunto or the Kunto licensors. The Products may use open-source software.

5. Limitation of Liability

We provide the Products to Users ”As-Is” and does not guarantee that the app will function in accordance with Users’ requirements or that the app will work in all operating environments.

Kunto shall not be liable for any direct or consequential loss, including the destruction or disappearance of data, caused by use of the Products or interpretation of the data contained in the Products unless otherwise required by mandatory legislation.

Kunto shall not be liable for any third-party claims against the User. Kunto shall not be liable for its obligations under these T&Cs where this concerns a circumstance of force majeure beyond Kuntoʼs control.

6. Modification and Validity of T&Cs

We reserve the right to make future changes and justified modifications to our T&Cs. Changes may be necessary to meet regulatory requirements, correspond to technical and economic requirements, or meet the interests of our Users.

7. Applicable Law and Disputes

These Terms and Conditions shall be governed by Finnish law. Any disputes shall be resolved in Helsinki District Court.

8. Other

These T&Cs are provided in various languages. The version in the language of the country in which the User is located or habitually resident is key and definitive (e.g. German version for Users in Austria, Germany, and Switzerland). If and to the extent to which there is no country-specific language version available, the English version is definitive.

9. Contact Information

Kunto Solutions Oy
Töölönkatu 19 A
00260 Helsinki
Finland

Please, send any questions regarding these T&C’s to support@kuntosolutions.com

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