Terms Of Service ActionFaction

Date of Last Update: November 13, 2018

 

  1. About Us

ActionFaction is a multiplayer mobile game that combines physical activity and brain challenges with an engaging gameplay, to motivate you to lead a healthier, more active life. It is developed by Intenselife A.G. ( “IntenseLife” / “us” / “we” / “our” ), a company organized and existing under Swiss law ( Muehlebachstrasse 25, 8008 Zurich, Switzerland ).

1.1. Consent Using the Service

By installing, accessing, and using our game, service, features, software, premium subscription, website and any additional terms, rules, regulations, or guidelines herein incorporated ( together the “ActionFaction Service”, or “Service” ), you acknowledge you read, understood and agree to be bound by these Terms of Service and our Privacy Policy ( all of, the “Terms” ), creating a legal agreement between you “User” and “Us”, based on your explicit consent.

Please read the Terms carefully before starting to use the Service, if you do not accept these Terms of Use and the Privacy Policy, you are not authorized to access, use and purchase the Service.

1.2. These Terms May Change

We reserve the right to amend, add or remove sections and any other documents subjected herein, at any time, at our sole discretion, for several reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. By continuing to use the Service, after any changes are made, means that you are expressing and acknowledging your acceptance to such modification.

If we intend to implement such changes to our Terms, we will give you a prior notice of such changes by posting updates to the ActionFaction website, as well as in the apps stores, in-game and by requesting your provisions of consents, if is required in such cases before the change become effective. You are advised to check the Terms from time to time for any updates or changes that may impact you, by reviewing the available current version of the Terms. If you object to any changes, you may need to close your account.

1.3. Your Health / No Medical Advice

Health is important to us and we recommend to consult your doctor, physician, health coach or other medical professionals, in general, regarding your health and sport routine, as should be your #1 priority and in particular before using ActionFaction service and engaging in a training program.

The ActionFaction service and information offered is for informational purposes only, and is not a recommendation, is not constitute a medical advice and examination or substitutes a doctor’s treatment, is not intended to diagnose, treat, cure or prevent any disease.

If you have knowledge of medical conditions, such as cardiovascular disease, lung or respiratory disease ( including asthma ), muscle and bone diseases, or any other health issues, and you have concerns or questions about your health we encourage and advise you to seek professional medical advice, or if you have suffer surgical procedures, or you believe you are experiencing any negative effects or illness from using the ActionFaction service, you must immediately stop such use and any further activity you voluntarily agree and assume all known and unknown risks associated with these act.

ActionFaction is not a medical service, is not providing medical treatment or advice, is not be used for seeking purpose, and your use of the website or the mobile app does not create a doctor-patient relationship between you “User” and “Us”.

Warnings

It is your sole responsibility to use the ActionFaction service prudently and not to use the service while you are driving or doing other athletic activities such as cycling, roller-skating, running, in order not to become distracted while using the service. Always remain aware of your surroundings, streets, road signs and directions and to be attentive for potentially unforeseen obstacles.

While using the service, to ensure the volume on the device is not raised to such a level, that blocks out your surroundings or damages your hearing.

 

  1. Use of the Service

ActionFaction is a multiplayer mobile game which runs via mobile applications stores such as iTunes App Store for Apple phones and Google Play for Android phones. Full use of the service is dependent upon your use of supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.

ActionFaction service grants you a limited, non-commercial, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Service for your personal and entertainment purposes, letting you enjoy the ActionFaction benefits, as these Terms allow, based on the Trial or Subscription you have selected, through the website or mobile device. The right to use is available as long as your account has not been terminated by us, or by you.

ActionFaction service and the content provided, generated or made available through it are the property of IntenseLife A.G., and includes, without limitation, the text, software, scripts, source code, graphics, domain names, interactive features, photos, images, illustrations, animations, music, audio, video, logos, tools, maps, ideas, replies, copyrights, trademarks, patents, and any intellectual property therein.

You agree not to use the Service for any unlawful purposes, and unauthorised use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating, selling, renting, advertising or any other misuse of any of the service material is strictly prohibited.

Your use and access of a Third-Party site is at your own risk, and is subject to the terms and privacy policies of the company providing them and we encourage you to read the Terms of every website or application you visit. You acknowledge that all trademarks, logos, service marks and content available from such third-party are subjected to copyright, and you should not violate intellectual property or privacy rights.

The Service may provide links to other web sites or resources that are not under ActionFaction’s control and we are not responsible for the content of any third-party, their services are made and offered directly by the applicable third-party and you acknowledge that your interactions are solely between you and such third party. You understand and agree that ActionFaction is not liable for any loss, damage, offence of any kind which may be incurred by you as the result of any of your dealings with third party service.

2.1. Registration

In order to access and use ActionFaction service you must have an user account. You can register by visiting our website or by installing the service from mobile applications stores such as iTunes App Store and Google Play, which requires you to provide us with information about yourself, including an user name, email address and a password, after you can log-in by clicking the “Skip” button. By doing so, you agree to receive communications from us to the email address you provided. You may opt out of receiving some email correspondence from us, but some account related communication must and will continue to be sent to your email address.

You may also register and log-in using sign-in services ( “SN Service” ) via third-party network, Facebook and Google, the process being completed once you have entered your social account details and clicked the “Connect” button. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address, and resume to pre-populate our sign-up form.We may collect and record information through the SN Service in accordance with the policies and terms of that SN Service. The information we collect when you connect your user account to an SN Service may include: (1) your name, (2) your SN Service user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Service user identification numbers for your friends that are also connected to ActionFaction. Your in-game progress and health data history is associated with your account and username.

During the registration process, we will ask you to accept and give an explicit consent to our Terms of Service and Privacy Policy.

Your ActionFaction experience will start automatically with a free-of-charge “Trial” period. The free trial period for any subscription will last for a period of time specified when you signed up, where you have access to limited features and content of the service. Free trials may not be combined with certain other offers and we reserve the right, in our sole discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

Your subscription may continue, in order to enjoy ActionFaction’s benefits and certain functionalities, with a fee-based “Premium” service, for which you can choose the one that best satisfies your experience and needs. Premium membership fees, along with any required taxes, may be paid on a monthly or annual basis. All fees due for Premium Service are payable in advance. The subscription fees are subjected to change at any time and we reserve the right to increase, or to institute other fees upon reasonable advanced notice.

If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel Your Premium membership in due time, regardless of whether or not you actively use it, or before the end of a free trial or discounted period if you don’t want to continue with a Premium Service at the regular fee. There are no refunds for termination or cancellation of your Premium Service.

 2.2. Children

A condition for register and using the ActionFaction service is that you represent and warrant that you are 18 years of age or older, or you are 13 years of age or older and your parent or legal guardian has reviewed and agreed the service Terms and allowed you to use the service. If you access the service from a third-party, such as Facebook or Google, you shall comply with its terms of service as well as our Terms. We may require adequate proof of your identity, age and written consent from a parent or guardian at any time.

Children under age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the Service. If we learn that we have collected personal information from children under 13 of age, we will take steps to delete the information as soon as possible and your account may be terminated without warning.

2.3. Users Content and Obligation

ActionFaction is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent, and it is your responsibility to have the information associated with your account, accurate, complete and up-to-date, when is needed during the registration process, ( such as your e-mail address ).

ActionFaction enables you to post or submit content and materials for publication ( “User Content” ), directly in connection with the Service or through a third party, whether publicly posted or privately transmitted. You can upload, publish, distribute, transmit and share content with other users, like photos for profile picture, videos, exercise regimens, weight, comments, in-game chat messages, information that you own and remain your intellectual property.

By making your content available through ActionFaction Service, you grant us an irrevocable, transferable, sub-licensable, free, non-exclusive, worldwide, unlimited licence and right to use all User Content generated, transmitted and published by you to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Service and agree that you will not be compensated for any User Content.

You are sole responsible for Your Content, you represent and warrant that ActionFaction has no obligation to control, monitor, review or edit the communications, materials, information, opinions, and other content posted and/or submitted by you or other users and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand and acknowledge that when using the Service, you may be exposed to user content that is offensive, indecent or objectionable.

You agree that your content and use of it will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

ActionFaction reserves the right to refuse, remove or disable access to any User Content for any or no reason, including but not limited to, without prior notice, if the content violet the Terms and acknowledge you may bear legal responsibility for that content.

 2.4. Termination

If you create an account you are responsible for all activities that occur under your username and password, you should maintain the confidentiality of all your actions while using the service, you should not provide your username and password to anyone and you have the obligation to protect them from unauthorized use. You must immediately notify our Support Team if you become aware of any security breach, actual or suspected lost, theft or unauthorized use of your password and your account. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge and you agree that ActionFaction reserves the right to disable, to suspend or terminate your access or registration to your account, with or without notice.

You may terminate or disable your account without stating any reasons, at any time by contacting Support Team. If at the time of terminate your account you still have a current subscription that has not yet expired, any sum that you have already paid will not be refunded.

You agree and understand that under certain serious circumstances and without prior notice, we reserve the right to immediately terminate your account and/or access to the service, for important reasons, such as due to gross breaches of the user obligations as set forth in these Terms, but not limited to, other causes shall include extended periods of inactivity, and/or non-payment of any fees owed by you in connection with the subscription of using the Service. Upon any such termination, your user account will be deactivated and your User Content will be anonymized.

2.5. Breach of User Obligation

We expect you to respect ActionFaction and other users of the service and in addition to the general restrictions on your use from above, to make sure the service stays enjoyable for everyone, you understand and agree, to respect without limitation, few ground community guidelines established and you should encourage other users to do the same, such as: do not include malicious content such as malware, trojan horses, viruses, send spam, or otherwise interferes with any user’s access to the Service; do not insult, abuse, harass, threaten or intimidate other users, as well as our Service, employees and partners or commit any act that may be harmful to minors; do not involve commercial or sales activities, such as advertising, contests, sweepstakes, pyramid schemes or promote commercial products or services.

In order to ensure the proper and reliable provision of the service, ActionFaction imposes the following sanctions upon breach obligations by a user: (1) warning – through in-game chat message; (2) deletion of content; (3) temporary deactivation of user account; (4) termination ( irrevocable deactivation ).

2.6. Newsletters

You agree that we may send communications to your e-mail address for customer service, confirmations, newsletters, product offers and other matters. You can choose to opt out of receiving correspondence each time such email is received from us, but some account related newsletters, we will continue to send, such as service updates, policies changes, purchase confirmation or password reset.

 

  1. Premium Members

If you choose the experience of our Premium version of the Service, in order to access all the functionalities, you are required to pay for Premium membership fees, by choosing the right subscription for you.

3.1. Types of Subscriptions

We offer different subscription periods available through iTunes App Store, Google Play or directly from our web site, which may be paid on a monthly or annual basis. All membership fees are payable in advance.

In the ActionFaction Service you may also purchase, with “real world” money “virtual in-game items”, such as power-ups, additional missions and other goods or services. You are only allowed to purchase virtual items from us or our authorised partners through the Service, and not in any other way. We may manage, control, modify or eliminate virtual items at any time, with or without notice.

ActionFaction Service may run promotions, offer discounts of subscription or other in-game goods and services ( through Third Party Partners or directly from the Service ) to some of the users, selected upon the criteria ActionFaction decides. If you are one of the users that have received a discount or gift code to a Premium Service or other good or service offered by us, you must know that it cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts.

The subscription types and applicable fees, virtual items or other amounts associated with the Premium Service are subjected to change at any time and we reserve the right to increase, change at any time. Such changes will be announced on our website or in the App Stores by posting a notice or upon reasonable advanced notice through user e-mail addresses provided.

3.2. Payment

When you subscribe for a premium membership, the payments made in advance for each subscription you choose, will be billed automatically to the available online payment method you prefer through our third-party partner and understand you shall bear all other costs arising therefrom, such as bank charges. The processing of payments will be subject to the terms, conditions and privacy policies of the Third-Party and we are not responsible for errors that may occur during the payment process. By choosing the payment systems, you agree and authorize to provide payment information to third-party services, which they will process, store, encrypt your information.

Once you signed up and paid for the Subscription, the selected validity period will be associated with your account. You may upgrade your premium membership or add new categories of service at any time. Each subscription period ends only upon expiration of the agreed upon time period, regardless you actual use the Service or not during such period.

ActionFaction will not refund previously paid amounts either for any type of subscription or for unused virtual items, regardless of the reasons that may arise, such as unused account, voluntary or involuntary closure.

 

  1. Governing Law and Jurisdiction

These Terms of Use, the Privacy Policy, the Content, ActionFaction Service, all contractual relation with IntenseLife A.G., any disputes, litigation related to the Service, without no limitation, shall be governed and interpreted exclusively by the Laws of Switzerland.

You and IntenseLife A.G. agree that any legal matter arising from the Terms, will be resolve and submit to the exclusive jurisdiction of the courts located in Zurich, Switzerland.

 

  1. Warranties and Disclaimers

You understand and agree that the ActionFaction Service is provided “As Is” and “As Available” basis for your use and without warranties of any kind, such as the service will be available at all times, will be free of errors, accurate, any defects will be corrected, data transmission via internet or mobile networks are not tracked, or recorded by third-parties.

You use the Service at your own risk and we do not make any representation and disclaim any warranties for any third parties service, content, transactions or any other product advertised through external links. We do not guarantee that use of the ActionFaction service and information offered, will bring the result intendent by you, and we do not assume or promise a concrete success.

 

  1. Limitation of Liability

You expressly understand and agree that, except where prohibited by law, in no event shall IntenseLife A.G., its subsidiaries, affiliates, officers, employees, agents, partners, licensors, be liable for any direct, indirect, incidental, consequential, special, consequential, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other losses ( however such losses are qualified ), arising out of or relating in any way to these Terms or the ActionFaction Service itself, whether based on contract, tort or any other legal theory, and whether or not IntenseLife has been advised of the possibility of such damages.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless IntenseLife A.G. and its officers, directors, employees and agents, from and against any claims, disputes, actions, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ and accounting fees, by you or any third parties, arising out of your breach of these Terms or in any way connected with your access to or use of the ActionFaction Service or Content, your User Content,  your violation of any third party right, including without limitation any copyright, property, or privacy right, any claim or activity in which you engage and caused damage to a third party, or your violation of applicable laws or regulations.

We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall bear the costs of any legal proceedings, in which we may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law.

 

  1. Right to Opt-Out

You have the right to opt out, to cancel, to terminate, to withdrawal or to exercise your other rights subjected to our Privacy Policy regarding your personal data and collection, which is incorporated herein by reference, by sending a request via email to the email address or by writing to our postal address.

 

  1. Contact Us

If you have any questions, comments or concerns about our ActionFaction Service or these Terms you may contact us at:

IntenseLife A.G. – Muehlebachstrasse 25, 8008 Zurich, Switzerland

E-mail: support@actionfaction.com