Terms of Use

Updated on June 27, 2022.

These terms of use (hereinafter “Terms of Use”) apply to use of the MyBioethics mobile application and the MyBioethics.com website (hereinafter referred to collectively as “Application”) provided by Duckling Codehouse Oy, business ID 3182841-7 (hereinafter “Service Provider”). The Terms of Use constitute an agreement between the user of the Application (hereinafter “User”) and the Service Provider. According to the context, the Service Provider and the User are referred to separately as the “Party” and jointly as the “Parties”. The User must accept these Terms of Use to be able to use the Application. If these Terms of Use are not accepted, there is no right to use the Application.

As of June 6, 2022, the Application is intended to be used only in the following countries: Albania, Algeria, Andorra, Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Cameroon, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Finland, France, Germany, Ghana, Greece, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Moldova, Monaco, Montenegro, Morocco, Netherlands, New Zealand, Nigeria, North Macedonia, Norway, Peru, Poland, Portugal, Romania, San Marino, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, Tanzania, Thailand, Tunisia, Uganda, Ukraine, United Kingdom, Vatican City, Vietnam.

While the Application does not typically contain age-sensitive material or use cases, it should still be clear that the Application is not intended for children.

1. Creation and contents of the Agreement

Use of the Application is an indication that the User accepts the Terms of Use and undertakes to comply with them. The Terms of Use regulate the User’s right to use the Service Provider’s Application. The Application is the Service Provider’s property in its entirety, and title or any intellectual property rights related to the Application shall not be assigned to the User in any way due to this Agreement. The Application may only be used for purposes specifically permitted in the Terms of Use. All the terms and conditions of the Agreement between the Parties are included in these Terms of Use. 

2. Description of the Application

The right of access to the Application is subject to a fee and requires registration for the Application.

Through the Application provided by the Service Provider, the User can view teaching programmes, videos, texts and other content relating to the bioethics sector. The User can also interact with other people through the Application by participating in discussions, in votes concerning different ethical cases, by submitting personal bioethics stories for others to read and view, and by being included in the hall of fame. If necessary, the User’s questions can be answered by a bioethicist. Discussions, votes, and viewing of personal bioethics stories and the hall of fame take place on the Service Provider’s website to which the Application is linked and where they are generally available to anyone. Participation in discussions, votes, sharing of bioethics stories, and requests to be included in the hall of fame are voluntary and possible anonymously, by means of an alias.

The User is responsible for the equipment required for using the Application. The User is, at their own expense, responsible for the acquisition, maintenance and operability of equipment, software and data communications required by use of the Application, and liable for costs arising from use of the Application. The User is, at their own expense, responsible for the compatibility of the equipment, software and data communications used with the Application.  

3. Prices and terms of payment

Access right to the Application is subject to a fee and valid for one year at a time, after which the access right must potentially be renewed to continue its use. The valid price at the time is indicated in the Application. Payment should be made when the Application is taken into use and when the access right is renewed.

The User must ensure that they have an operational and valid method of payment.

The Application can be downloaded from third-party application stores, and use of these is governed by these third parties’ own terms of use.

4. Collection and use of personal data, and use of other information stored in the Application

The Service Provider collects necessary personal data when the User registers for the Application and uses the Application. The User must provide their consent to this by accepting the Service Provider’s data protection practices. The User assures that the personal data they have provided to the Service Provider are accurate and up to date, and shall immediately report any changes concerning the data.

The Service Provider has the right to collect, edit, combine and otherwise handle information stored and created during use of the Application to develop the Application and for purposes of scientific research.

The Privacy Policy of the Application can be found here.

5. User profiles

The User must register for the Application by creating a user profile for themselves by following the instructions on the new user creation web page. Each User must have a valid email address to which confirmation of registration is sent. If the User’s email address changes or the User forgets the login details and cannot recover these details independently through recovery process, the User must report this to the Service Provider to receive new login details. Each User’s user profile is personal. The User is responsible for carefully storing their login details, so the login details do not fall in the hands of outsiders. The User must notify the Service Provider immediately if they suspect that they have fallen in the possession of a third party. The User is always responsible for all use of the Application with their user profile, authorised and unauthorised.

6. Limitations of liability and damages

The Application is provided on an “as is” basis.

The Service Provider does not distribute any medical, legal or other expert advice. The purpose of the application is merely to academically explore bioethical questions from different perspectives. Use of the Application occurs at the User’s own risk. The Service Provider is not obliged to monitor its Users’ activities and is not responsible for its Users’ actions.

The Service Provider aims to ensure that the Application is available to the User free from any disturbance. However, the Service Provider does not guarantee that the Application always works without any disturbance, and the User accepts this. The User is not entitled to compensation for service interruptions or other interference that prevent the Application from being used for its purpose. The duration or nature of a service interruption or other interference does not increase the responsibility of the Service Provider. The Service Provider is never liable for any direct or indirect damage incurred by the User for use of the Application, prevention of use, maintenance measures, technical faults, amendments to the Terms of Use, or information provided in the Application.

The content of the Application, such as a bioethicist’s availability for asking questions, technical implementation and nature may change at any time without any obligations for the Service Provider. 

The Service Provider has the right to temporarily close the Application or a part thereof. Closure of the Application can be due to a required updating or repair measure or another similar reason. The Service Provider communicates any foreseeable interruptions in use of the Application in the Application. The Service Provider is not in any way liable for incidental or consequential damage incurred by the User due to scheduled or sudden interruptions in use or closure of the Application.

The Service Provider may also close the Application permanently at any time. In such a case, the access right fee shall not be refunded to the User and the Service Provider is not in any way liable for incidental or consequential damage incurred by the User due to the closure of the Application. The Service Provider communicates any closure of the Application in the Application and/or by email to the Users.   

However, if the Service Provider becomes liable for compensation, regarding damage incurred by the User this shall be limited to the access right fee paid by the User to the Service Provider over a period of six (6) months.     

If the User acts in violation of good practice or the law, in breach of these Terms of Use or otherwise for the purpose of doing harm, the Service Provider may close the User’s access right and prevent the User from accessing the Application. The Service Provider ultimately decides what kinds of actions are in compliance with good practice in the Application. 

Furthermore, the Service Provider may moderate discussions, personal bioethics stories, and other content if necessary. “Moderation” means supervision of the content by the administrator of the Application, based on which decisions on publication of the content are made.

The User is liable for any damage caused to the Service Provider, other users and third parties.

7. Force majeure

Each Party shall be released from its obligations and obligation to pay damages due to circumstances the Party can demonstrate were caused by an impediment beyond its control, which the Party could not have reasonably taken into account at the time of the conclusion of the Agreement, and whose consequences the Party could not reasonably have avoided or overcome. A Party that wishes to refer to the aforementioned circumstance is obliged to report this in writing to the other Party without delay, within 14 days, as well as the cessation of the impediment.

If the fulfilment of the Agreement is delayed due to the aforementioned circumstance by more than three (3) months, each Party has the right to cancel this Agreement with a written notification, and neither Party is entitled to claim damages from the other Party for such cancellation.  

It is specifically noted that with regard to the Service Provider, a force majeure shall include, e.g., a data communications incident, denial-of-service attack, order issued by an authority, strike, war, insurrection, requisition, seizure, fire, pandemic, introduction of the Emergency Powers Act, or another unforeseen force majeure beyond the Service Provider’s control.

8. Intellectual property rights

All the intellectual property rights related to the Application are and shall remain in the exclusive ownership and possession of the Service Provider. The Service Provider obtains all rights to discussions and other contents created on its website related to the Application.

The User may utilise content or other material obtained for personal use due to a valid access right for personal use only and for the purpose specified in these Terms of Use. The User has no right to sell or otherwise convey them to a third party. This provision shall remain in effect even after the end of the Agreement. 

9. Amendments to the Terms of Use

The Service Provider has the right to make amendments to these Terms of Use without the User’s consent. The amendments may not be unreasonable for the User. The amendments shall take effect when the Service Provider reports them to the User by email or in the Application. The User must always verify the up-to-date terms of use before using the Application, because by accepting the terms of use and continuing to use the Application the User becomes bound by the new terms of use. 

10. Termination or cancellation of the Agreement

The access right to the Application is valid for one year at a time. The User can terminate the Agreement in the middle of the fixed period by ceasing to use the Application and requesting a deletion of their User profile from the Application (via contacting support), at which time the access right to the Application ends immediately. In such a case, however, the User shall not be refunded the access right fee paid.

The Service Provider has the right to cancel this Agreement with immediate effect regarding a User who is in material breach of the terms and conditions of this Agreement or valid laws and regulations, or who acts in violation of good practice in the Application.

11. Assignment of the Agreement

The Service Provider has the right to assign this Agreement and the rights and obligations related to it, in full or in part, to a third party without the User’s approval. In such a case, the Service Provider shall be released from all contractual liability towards the User. The User does not have the right to assign or convey their rights or obligations under this Agreement to any party without prior written authorisation from the Service Provider. 

This Agreement shall be governed by the laws of Finland. Any disputes arising from the Agreement should primarily be settled through negotiations between the Parties. If such negotiations are unsuccessful, disputes are settled by the district court of the Service Provider’s registered office as the court of first instance. 

If a dispute regarding consumer matters cannot be settled through negotiations, the consumer may refer the matter for resolution by the Consumer Disputes Board (www.kuluttajariita.fi). Before referring the matter to the Consumer Disputes Board, the consumer must contact the Consumer Advisory Service (www.kuluttajaneuvonta.fi). The consumer also has the right to bring an action in the district court of their own domicile or in the district court of the Service Provider’s registered office.  The consumer can also refer disputes related to online shopping for resolution through the Online Dispute Resolution forum maintained by the European Commission (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show).

13. Contacts

The Service Provider’s up-to-date contact details for making contact are available in the Application.