End User Licence Agreement

Last Updated: May 30, 2024

PURE ENERGY MUSIC is licensed to You (End-User) by PURE ENERGY GO (“Licensor“), for use only under the terms of this Licence Agreement. We are registered in England and have our registered office at Cotton Mill, B9 Tileyard North, Unit 2.4, Second Floor, Wakefield, WF1 5FY. Our Company Number is 14653248.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store“) and Google’s software distribution platform (“Play Store“), or by installing our Progressive Web Application for your browser, and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. App Store and Play Store are referred to in this Licence Agreement as “Services.”

The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. PURE ENERGY GO, not the Services, is solely responsible for the Licensed Application and the content thereof.

PURE ENERGY MUSIC transacted through the Services is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. PURE ENERGY MUSIC is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS“) or Google’s operating system (“Android“).

You should also read our User Guidelines and Privacy Policy.

1. The Application

PURE ENERGY MUSIC (“Licensed Application“) is a piece of software created to allow instructors to stream music made for fitness — available as a Progressive Web App accessed via a web browser as well as customised for iOS and Android mobile devices (“Devices“).

2. Scope of Licence

2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that You (End-User) own or control, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.

2.3 You may not share or make the Licensed Application available to third parties (and unless with PURE ENERGY GO‘s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with PURE ENERGY GO‘s prior written consent).

2.5 You may not copy (excluding when expressly authorised by this licence and the User Guidelines) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Unless expressly authorised by us, you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from materials or content available on the Licensed Application or any PURE ENERGY GO website.

2.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8 Licensor reserves the right to modify the terms and conditions of licensing.

2.9 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. Technical Requirements

3.1 The Licensed Application requires a firmware version iOS 15.0 or Android 7 or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance and Support

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application.

4.2 PURE ENERGY GO and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4.3 The Licensed Application and PURE ENERGY GO websites may links to websites or services operated by third parties. The Licensor has no control over or obligations to maintain and support these linked websites. These linked websites are only for your convenience and you access them at your own risk.

5. Use of Data

5.1 You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s Privacy Policy.

5.2 You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. User-Generated Contributions

6.1 We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you represent and warrant that you follow the User Guidelines.

7. Contribution Licence

7.1 You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

7.2 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. Liability

8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

9. Warranty

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of PURE ENERGY GO‘s sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify PURE ENERGY GO about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 7 days after discovery.

9.4 If we confirm that the Licensed Application is defective, PURE ENERGY GO reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. Product Claims

PURE ENERGY GO and the End-User acknowledge that PURE ENERGY GO, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation..

11. Legal Compliance

You represent and warrant that You are not located in a country that is subject to embargo, or that has been designated as a “terrorist supporting” country; and that You are not listed on any prohibited or restricted parties.

12. Contact Information

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact [email protected]

13. Termination

The licence is valid until terminated by PURE ENERGY GO or by You. Your rights under this licence will terminate automatically and without notice from PURE ENERGY GO if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. Third-Party Terms of Agreements and Beneficiary

PURE ENERGY GO represents and warrants that it will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User Licence Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.

15. Intellectual Property Rights

PURE ENERGY GO and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, PURE ENERGY GO, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.

16. Applicable Law

This Licence Agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.

17. Miscellaneous

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.