The Imaginactive app and the website https://app.imaginactive-fitness.com/ (hereafter referred to as 'the App and Site') and all of their content are owned by Imaginactive Ltd. The App and Site are operated by SupaPass, whose terms and conditions should also be read.
This User Agreement constitutes the Terms and Conditions governing the use of the App and Site and are binding and enforceable against every person that accesses or uses the App and Site. This Agreement also defines the legal use of the App and Site, all updates, revisions and substitutions made by Imaginactive. All rights not expressly granted to You are reserved by Imaginactive.
Please read these terms and conditions carefully. By indicating Your acceptance and/or by accessing or using the App and Site, You acknowledge that you have read this agreement and that You understand its content and that you agree to be bound by its terms and conditions. If You do not wish to be bound by this agreement, You should not access or use the App and Site.
You may use workouts on the App and Site only if You satisfy the legal age requirement in your country. If You are under the age of 18, You must obtain the permission of Your parent or guardian to download, install and use the workouts on this App and Site.
The use of workouts on this App and Site is not permitted by you under any circumstances if you are under the age of 16.
Imaginactive reserves the right to terminate any accounts known to breach this requirement.
2. Health and Precautionary Measures
You agree that Imaginactive shall not be liable to You or any Third Party, in cases involving personal injury or damage, arising out of, attributable to or resulting from Your use of the App and Site. You understand that the use of the App and Site includes various activities and exercises (the "Activities"). You agree that it is Your responsibility to determine whether You are sufficiently fit, healthy, skilled and physically trained to safely participate in the Activities of the App and Site.
Imaginactive is not responsible for Your athletic behaviour. You understand that You can be seriously injured when engaging in the Activities. You should not perform any Activities You do not understand or are safe for Your current physical state.
Should You have any relevant illness or injury You agree to seek advice from a qualified healthcare professional prior in engaging into any of the Activities of the App and Site.
We do not recommend the use of the App and Site to women who are pregnant.
If You choose to participate in any of the Activities, You do so on Your own free will and accord, knowingly and voluntarily assuming all risks associated with the Activities. As such, by accepting the User Agreement, You confirm and agree to be solely responsible for Your health.
We highly recommend You to remain constantly aware of Your surroundings while conducting the Activities, so as to prevent any incidents which may harm You. We recommend You to adjust the volume settings appropriately, so that while exercising, You are able to hear Your surroundings.
The use of the App and Site does not at any time contain or constitute any form of medical advice or opinion.
a) Use the App and Site and any of their updates that are provided by Imaginactive, in Your sole discretion.
b) Use any new versions made available by Imaginactive.
c) Trial, purchase and subscribe to audio episodes of the App and Site and play them locally on Your device.
YOU MAY NOT
a) Assist, encourage or enable the User(s) and/or Third Parties to use the App and Site to violate any Third Party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right or any other intellectual property or proprietary rights.
b) Make any unlawful use of the App and Site or distribute the Content or any part thereof.
c) Gain unauthorized access.
d) Reverse engineer, decompile, modify or attempt to discover the source code or any part thereof.
e) Remove, circumvent, disable, damage or interfere with any security-related features of the App and Site.
4. Suggestions & Comments
Imaginactive welcomes Your comments regarding the Content of the App and Site and future Imaginactive products. By sending any ideas, suggestions, designs, data or proposals ("Feedback"), You agree that:
a) Your Feedback does not contain confidential or proprietary information of Third Parties.
b) We are under no obligation of confidentiality, express or implied with respect to the Feedback, but We reserve the right to treat the Feedback as confidential information.
c) Any Feedback You may provide regarding the App and Site and future Imaginactive products is entirely voluntary and You agree that We are free to use them without providing You with any compensation or royalties.
You agree to indemnify, defend and hold harmless Imaginactive, its licensors, partners, officers, directors, employees, volunteers, agents and representatives against any and all claims, costs, liabilities and legal fees made by You or any Third Party arising out of or relating to Your access or use of the App and Site.
In consideration of using the App and Site and participating in the Activities, You understand and agree that Your use of the App and Site shall be Your sole responsibility. Imaginactive is not liable for data loss or damages, limitation of service availability, including any data sent by the App and Site to external storage for the purpose of data synchronization and backup. If Imaginactive, in its sole discretion, elects to use a Third Party's storage, server or service, Imaginactive shall not be liable for the quality, security, or availability of such a Third Party's service and to no extent is Imaginactive liable to You for any breach of contractual or legal obligations by the Third Party, nor for damages, loss of profits, financial or non-financial damages, or any other kind of loss You may incur while using the App and Site.
If Imaginactive is unable to enforce strict compliance of this Agreement or We fail to exercise Our rights due to any circumstances or events, this shall never be constituted as a waiver of Our right to demand exact compliance as mentioned in this Agreement. In case Imaginactive decides to ignore any kind of non-compliance under the Terms and Conditions, it shall never amount as a waiver of Our right to enforce Your obligations for any subsequent violations. Delays or omissions in exercising Our rights shall never impair Imaginactive's prospects against such defaults in the future.
7. Limitation of Liability
Imaginactive is not liable to You for any direct, indirect, incidental, special, or consequential damages arising out of or in any way related to the use of the App and Site by You or by Third Parties, whether such claims and liabilities are based on any legal or equitable theory. Imaginactive may change, impose limits or discontinue any aspect or feature of the App and Site, or the use of all or any features or technology in the App and Site at any time without prior notice to You, or restrict Your access to parts or all of the App or Site without notice and Imaginactive shall be saved harmless and bear no liability of any issue arising thereof.
8. In-App Purchases and Subscriptions
The App and Site may offer additional episodes by subscription or purchase. These can be made within the App and also on the Site https://app.imaginactive-fitness.com/. If You choose to make an in-app purchase or undertake a subscription within the App and Site, You will be allowed to access more episodes of the audio adventure and to perform further Activities of the App and Site. For in-app purchases and subscriptions you will be prompted to make or sign into an existing an account with Imaginactive and enter details of Your account with the mobile platform You are using (iOS or Android) and You will accordingly be charged for the in-app purchases or subscriptions and bound by the terms of that platform. For purchases and subscriptions on the Site you will be promoted to make or sign into an existing account with Imaginactive and purchase or subscribe using your credit/debit card with Stripe.
The full terms and conditions of purchases and subscriptions, including cancellations, are found in the Terms and Conditions of Imaginactive’s tech partner, SupaPass, and may be read here.
9. Proprietary Rights
All Content and Activities associated with the App and Site and provided by Imaginactive, its employees, agents, licensors or other commercial partners are solely owned by Imaginactive and may be protected by copyright, trademark, trade secret and other intellectual property laws. All trademarks and service marks, logos, slogans and taglines of the App are the sole property of Imaginactive.
We reserve the right to terminate Your use of the App and Site or any part of it, in Our sole discretion, without notice and liability, if We believe that You are not following the Terms and Conditions set forth in this Agreement. We also reserve the right to investigate suspected violations of the Terms and Conditions which may also arise from any email that You send to Imaginactive.
11. Amendments to the App and Site
We reserve the exclusive rights to modify, withdraw, suspend or discontinue, temporarily or permanently, from time to time, any Content available on the App and Site, with or without notice. You agree that We will not be liable to You or to anyone else for any modification, suspension or discontinuance of the App and Site or any part thereof.
Without prejudice to other rights under this Agreement, if You breach the Terms and Conditions in anyway, or if We reasonably suspect that You have breached the Agreement in anyway, We may send You one or more formal warnings by electronic transmission or permanently prohibiting You from accessing the App and Site. Where We suspend or prohibit Your access to the App and Site, You agree and acknowledge not to engage in any action or proceedings against Imaginactive to circumvent such prohibition.
13. Changes to the Agreement
Imaginactive reserves a discretionary right to edit, modify and update the Terms and Conditions at any time without notice, for reasons including:
(a) Changes in how Our business operates, or
(b) Changes in the legal or regulatory requirements that We must comply with.
You agree that it is Your responsibility to review the Terms and Conditions periodically. Your continued use of the App, after any such changes constitutes Your acceptance of the new Terms and Conditions. If You do not agree with the new updates, You may terminate this Agreement by discontinuing the use of the Activities and uninstalling the App.
14. Third Parties' Restriction
This Agreement is only made between You and Imaginactive. No Third Parties will have any right to enforce any of its terms.
By downloading the App and creating an account within the App, or using the Site and creating an account within the Site, you are giving consent for Imaginactive Ltd to process the personal data you provide in accordance with the EU General Data Protection Regulations 2018.
The personal information we will store includes the Name and Email Address You have provided.
This information will only be used in communications with You about Your account, about within the App and Site to fulfil in-app purchases and to preserve and present information about Your achievements in and progress in use of the App and Site.
Your personal information will not be shared with any third parties or used for marketing by third parties.
You have the right to request a copy of the personal information we may hold about You.
You have the right to request that the information we may hold about You be deleted under some circumstances.
You may view or update your personal information at any time through the Profile Settings part of the App and Site and You may request the deletion of Your account at any point by emailing firstname.lastname@example.org
If You have any privacy questions, requests or complaints concerning our processing of Your personal information all communications can be directed to email@example.com
If You have any questions, complaints or claims with respect to the App and Site, You may contact Imaginactive at firstname.lastname@example.org
a) The Terms and Conditions constitute the entire agreement between the User(s) and Imaginactive Ltd and govern Your use of the App and Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible, the original intentions of the Parties and the remaining parts shall remain in full force and effect.
b) The headings in this Agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify the Terms and Conditions.
18. Governing Law
The Terms and Conditions shall be governed by and construed exclusively in accordance with the Laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.