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Terms & Conditions

Terms and Conditions of Use

 

These Terms and Conditions of Use (hereinafter, “the Terms and Conditions”) govern the access and use of the IMove App (hereinafter, “the App” or “IMove”), as well as the contracting of services and/or products through the same. The simple access to IMove attributes to the person who performs it the condition of the user (hereinafter, “the User”) and implies the acceptance of all the terms included in these Terms and Conditions. In the event of not agreeing with all or part of these Terms and Conditions, the User must refrain from installing and using the App. 

 

By accepting these Terms and Conditions, the User states that: 

 

  1. The User has read, understood, and agreed to the terms set forth herein.
  2. The User is of legal age and has enough legal capacity to be using the services available. 
  3. The User assumes all obligations set forth herein.

 

The provider of the App reserves the right, at any time and with no need for prior notice, to make any modification or update to these Terms and Conditions. 

 

1. General information of the App

The owner of the App is Kee Digital, S.L. which grants a non-exclusive license to PT INDOSAT Tbk, a limited liability company duly established under the laws of Republic of Indonesia, having its head office at Jalan Medan Merdeka Barat No. 21, Jakarta (hereinafter, “Indosat”), to promote and distribute the application in Indonesia.

 

2. Access to the App

Simple access to the App is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User. Notwithstanding the foregoing, the download of the App is free, however, its use is conditional on the user subscribing a monthly fee to use it. The App is available in the Apple Store and Google Play, although there may be certain restrictions on its availability depending on the User's country.

 

3. App usage rules

The User is obliged to use the App and all its content and services in accordance with the provisions of law, morals, public order and these Terms and Conditions, not using them to carry out illicit or criminal activities that violate the rights of third parties and/or that violate any regulation of the applicable legal system.

 

The User agrees to:

 

  • Not to introduce or disseminate content that is racist, xenophobic, pornographic, apology of terrorism or that violates human rights. 
  • Not to introduce or disseminate on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users. 
  • Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
  • Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.
  • Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
  • Not to impersonate other Users using their registration keys to the different services and/or contents of the App.
  • Not to spread, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owner of the App or to third parties. 
  • Not to spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of the communications and the legislation of protection of personal data. 

 

The User undertakes to hold IMove harmless against any possible claim, fine, penalty or sanction that may be required to be borne because of the User's failure to comply with any of the aforementioned rules of use, and IMove also reserves the right to request the compensation for damages that correspond.

 

IMove reserves the right to cancel the account of those Users who make an inappropriate use of the App or do not respect the observations and prohibitions provided in these Terms and Conditions.

 

4. Contents and services linked through the App

The App may contain technical linking devices, directories and even search instruments that allow the User to access other Internet pages and portals (hereinafter “Linked Sites”). In these cases, IMove will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. If the User considers that there is a Linked Site with illegal or inappropriate content, they can communicate it to IMove.

 

In no case should the existence of Linked Sites presuppose the formalization of agreements between IMove and the managers or holders thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by IMove. Unless expressly stated otherwise on the App, IMove does not know the contents and services of the Linked Sites and, therefore, is not responsible for any damages that may be caused to the User or to any third party. 

 

 

5. Intellectual Property

The existing intellectual and industrial property rights over the App, and/or by way of illustration but not exhaustive, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the exclusive property of Kee Digital, S.L. The use and exploitation thereof being reserved and protected by intellectual and industrial property laws and by the applicable laws of the country where it is used.

 

Notwithstanding the foregoing, Kee Digital, S.L. grants a non-exclusive license to Indosat to promote and distribute the application in Indonesia, under the name IMove. In this sense, the name IMove belongs to Indosat and the App management in those countries will be the responsibility of Kee Digital S.L.

 

 

For his part, the User declares to be the sole author of all the photographs, images, texts and/or comments (hereinafter, “the User Contents”) that he/she publishes or sends through the sections of the App arranged for this purpose, guaranteeing that the use of them on the App does not infringe the rights of any third party. Regarding said User Contents, specifically weigh-in photos, are strictly confidential and will only be checked by the IMove moderators. IMove will never share them for any reason, and no other Users will be able to see them either.

 

The trademarks, trade names and other distinctive graphic assets published on the App are the property of IMove or of third-party transferors and/or licensors, without any right to them being understood to be assigned to the User.

 

6. App function and modes

In order to know the functionalities of the App, the User must check the FAQ which can be consulted on the app.

 

 

7. Claims and requests for information

The User can address their claims or requests for information to IMove using any of the following methods:

● Sending a letter to Kee Digital S.L, Rec Comtal 13,1.1, 08003, Barcelona, Spain

 

●   Sending an email to support@imove.cool

 

IMove will respond to complaints and requests received as soon as possible. 

 

 

8. Liability and warranties

IMove is not responsible for the damages produced in the software equipment of the User during the use of the services offered in the App, nor of the damages or prejudices of any kind produced in the User that bring cause of failures or disconnections in the networks of telecommunications that produce the suspension, cancellation or interruption of the service during the provision thereof or prior.

 

IMove does not guarantee the suitability of the services offered in the App for the purposes pursued by the User. 

 

In any case, the liability of IMove will be limited to the malicious and direct damages that the User may suffer, excluding loss of profits and consequential damages, only when they have been directly caused by IMove.

 

In no case can IMove be considered as an application subject to Law 13/2011, of May 27, regulating gambling. IMove is a recreational application that promotes exercise and a healthy life that compensates Users for meeting their own challenges. 

 

9. IMove Health disclaimer

The App is not a medical organization nor a medical consultation, so IMove will not provide the User with any medical advice. The User is solely responsible for their own health. The purpose of the App is to help Users to improve their health by providing them funny ways to do exercise and to track their health, weight and interact with coaches and other Users. Information made available through the App and by our partners and affiliates shall solely be used for a recreational purpose. IMove cannot guarantee any health, weight and/or fitness results or improvements. IMove is not responsible for any personal injury or any other damages that may arise, directly or indirectly, from the use or misuse of the App. IMove is not responsible for the consequences derived from sudden or rapid weight loss that the User may experience in the framework of the use of the App. Always consult with your doctor if you experience any pain or discomfort or even the User suffer from any health condition before using the App.

 

 

10. Notice Terms and Conditions of Use

The App reserves the right to revise or modify these Terms and Conditions at any time. The User is responsible for reviewing these Terms and Conditions.

 

When the App changes these Terms and Conditions of Use, IMove will notify the User with the aim that they can review it.

 

If the User continues use of the App after the notice of a change or modification of these Terms and Conditions, it will be determined as the User’s acceptance of the revised Terms and Conditions. When the changes imply regard and express consent, it will be notified and require your indubitable action for consent. The current version will always be posted on the App at “Settings - Terms and Conditions of Use”. 

 

 

 

11. Privacy Policy

The scope of these Terms and Conditions is also subject to the Privacy Policy of the Service; both of which the User acknowledges and agrees to them. The User can find more information about the Privacy Policy into the following link: Privacy Policy.

 

12. IMove and ineffectiveness of the clauses

If any clause included in these Terms and Conditions is declared totally or partially, null, or ineffective, such nullity or ineffectiveness will only affect said provision, subsisting these Terms and Conditions in everything else. 

 

13. Applicable law and jurisdiction

These Terms and Conditions will be governed and interpreted in accordance with Indonesian legislation. In case of controversy, the User can choose to file their claim before the Courts or Tribunals that correspond to their domicile.