By downloading and installing the App onto your device or clicking on the "Accept" button below you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the App and you must not use it and you must uninstall it from your device.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App or accessing any paid content within the App. However, you will lose the right to cancel the transaction once you begin to download the App or have paid for any content because our service to you will have commenced at that point. This does not affect your consumer rights for an app or any services that are defective.
You must be over 14 in order to use the App. If you are under 18, you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms. Your parent or guardian agrees to these Terms on your behalf.
These Terms are only available in the English language. You should also print a copy of these Terms for your future reference.
Click on each of the below headings to go straight to that section of the Terms.
8. USER CONTENT
14. ABOUT US
The App and the services accessible through it together with any/all information or data provided through them are not intended to constitute any kind of medical advice and you should not therefore rely on them. You should always obtain professional or specialist advice and consult your doctor or physician prior to starting any form of exercise or if you have any questions or concerns about your physical wellbeing.
We do not provide any kind of medical diagnostic service and are not able to diagnose or treat any kind of medical condition or the effect that any specific activities or exercise routines may have on you. Any exercise or physical activity that you engage in as part of your use of the App is undertaken at your own risk. We are not responsible for any health problems or other physical issues that may result from any exercise or other physical activity you undertake whilst using the App. We are also not responsible for any conclusions about your physical health that may be drawn based on your use of the App.
Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that App Store, and App Store subsidiaries, are third party beneficiaries under these Terms and that App Store will have the right to enforce these Terms against you directly.
We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from whom you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.
These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time by notifying you of a change when you next start the App (we may also email you about any material changes to the Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the App. Your continued use of the App will confirm your acceptance of the revised Terms. The date these Terms were last updated appears at the bottom of these Terms.
From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the App meets your requirements.
You may only download and install the App onto a device that you own, or, if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.
By progressing through and completing various exercise programmes within the App you can earn “stars” which you will allow you to unlock and gain access to certain further content within the App. We may also give you the option to purchase access to such further content without the need to gain “stars” as described above.
Access to the App may be suspended temporarily and without notice (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence (i.e. permission) to use the App subject to these Terms. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorised App Store Providers only, and you may view, use and display the App for your personal purposes only.
Except as explained in these Terms or as permitted by any applicable local law, you agree: (a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up, (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use the App), loan, translate, merge, adapt, vary or modify the App (or any part of it), (c) not to, nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, and (d) not to provide or otherwise make available the App in whole or in part in any form to any person without prior written consent from us.
You must not use the App: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the App, except in connection with normal use of the App, or our systems or attempt to decipher any transmissions to or from the servers running the App, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
If you create, or we provide you with, a user ID, a password or any other authentication information as part of our security procedures, you must treat such information as confidential. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your user ID, password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorised use of the App. We reserve the right to remove or reclaim a user ID if we believe appropriate (such as when a trademark owner lodges an appropriate complaint).
We have the right to disable any user ID, password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You promise to us that (a) you are authorised to agree to these Terms, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list of prohibited or restricted parties, (d) any information submitted by you shall be at your own risk, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these Terms.
In the event that anyone brings a claim that the App or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Facebook) shall be responsible for the investigation, defence, settlement and discharge of any such claim.
Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, or other content via the App (“User Content”), or to share any User Content with other users of the App, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third party, (c) will comply with applicable law in the UK and in any country from which it is posted (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to compensate us for any loss we suffer if anyone makes a claim against us due to any of your User Content. We will not be responsible, or liable to any third party, for any User Content submitted by you or any other user of the App.
The App may contains links to other third party websites and services including through advertising and social media tools and widgets such as those provided by Facebook and Twitter (“Third Party Sites and Services”). The Third Party Sites and Services are provided for your convenience only. You acknowledge that we have no control over the Third Party Sites and Services (including the failure of any links to them) and are not responsible for their contents and/or availability.
We do not endorse the content or other material contained in the Third Party Sites and Services and have no association with their operators. Your use of the Third Party Sites and Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read the Third Party Terms.
WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE WE TAKE REASONABLE PRECAUTIONS TO PREVENT THE EXISTENCE OF COMPUTER VIRUSES AND/OR OTHER MALICIOUS PROGRAMS, WE ACCEPT NO LIABILITY FOR THEM. WE ALSO MAKE NO PROMISES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT IN THE APP IS ACCURATE, COMPLETE OR UP-TO-DATE. TO THE EXTENT PERMITTED BY LAW (INCLUDING ANY APPLICABLE LOCAL LAWS), WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, WHICH MAY APPLY TO THE APP, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
We only supply the App for domestic, personal and private use. You agree not to use the App for any commercial, business or resale purposes. We do not accept any liability or responsibility for any loss (howsoever caused) arising out of or in connection with (a) any damage to your device, or (b) any reliance placed on any content displayed on the App.
TO THE EXTENT PERMITTED BY LAW (INCLUDING ANY APPLICABLE LOCAL LAWS), IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APP OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE APP.
OUR MAXIMUM TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US AS PART OF YOUR USE OF THE APP.
Nothing in these Terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law and/or any applicable local laws. Furthermore, nothing in these Terms restricts your legal rights as a consumer. Some jurisdictions do not allow the disclaimer of certain implied terms in contracts with consumers or the limitation or exclusion of liability for certain types of loss or damage (such as “indirect”, “incidental” or “consequential” loss or damages. Accordingly, if you are located in any such jurisdictions, some of the limitations, exclusions and disclaimers in this section may not apply to you.
We may terminate these Terms and your permission to use the App immediately if (a) you commit any breach of these Terms, (b) we discontinue the App, or (c) we are prevented from providing the App for any reason.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease, (b) you must immediately cease all activities authorised by these Terms (including your use of the App), (c) you must immediately uninstall and remove the App from your device(s), and (d) you acknowledge that we may restrict your access to the App and/or remove it from your device.
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by e-mail or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we will do so either by e-mail or by pre-paid post using the contact details you provide to us.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction.
These Terms were last updated on 22 September 2015.
CloudTag Active Limited
Registered Office Address: 16 Great Queen Street, London, WC2B 5DG.
Company No: 07824765
Contact email address: firstname.lastname@example.org