Revision Date: 2024/8/20
Effective Date: 2024/8/20
1.1 These Terms of Use (“Terms”) constitute an agreement between you and us regarding your use of our App and the images, logos, music, photos and video content incorporated into and forming part of our App (“App Content”).
1.2 Please read these Terms and our Privacy Policy carefully. By acknowledging and agreeing, you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy, you may not install or use any of our Apps.
1.3 We recommend that you save or print a copy of these Terms for future reference.
1.4 Any terms between you and your respective mobile network provider ("Mobile Provider") will continue to apply and the Mobile Provider may charge you for network connection services during access to our Apps and any third-party fees that may be incurred from time to time. You will be solely responsible for any fees and other charges or expenses charged by your mobile provider, internet service provider, network operator and/or any other third-party provider in connection with your internet service, your mobile service and any use of our Apps (including downloading any available App Content). If you are not the bill payer for the device used to access our Apps, it will be assumed that you have the permission of the relevant bill payer to download and use our Apps.
1.5 If you download our App to any device that does not belong to you, you must obtain permission from the owner. You are responsible for complying with these Terms regardless of whether you own the device.
1.6 Any words following the words “including”, “comprising”, “in particular”, “for example” or any similar expressions shall be construed as illustrative and shall not limit the meaning of the words, descriptions, definitions, phrases or terms preceding these words.
1.7 While all of these terms are important, you should pay particular attention to:
(a) the conditions of use of our App, as set out in paragraph 3;
(b) acceptable use of our App, as set out in paragraph 5;
(c) our responsibilities to each other, as set out in paragraph 8;
and (d) when we can terminate these Terms, as set out in paragraph 17.
1.8 If you have any questions about this Agreement or the use of the Software itself, please contact us for assistance by sending an email to support@improvebrains.com .
We will make reasonable efforts to ensure that our Apps and App Content are always available for download and use. However, our Apps and App Content are provided via the Internet and mobile networks, so their operation and availability may be affected at any time and for any reason by factors beyond our control. We do not guarantee that use or access to our Apps or App Content will always be available and/or uninterrupted.
3.1 In return for your agreement to abide by these Terms, you may:
(a) download our Apps to your device and view, use and display our Apps on your device solely for your personal purposes;
(b) use any related documentation to support use of our App as permitted by these Terms;
and (c) receive software code updates for our apps through the app store from which you downloaded our apps – these updates may contain patches and bug corrections that we make available to you.
3.2 Your right to use our App is personal to you and you may not transfer our App to any other person for any reason. If you sell or give away any device with our App installed, you must first delete our App from that device.
3.3 How you use our apps may also be subject to the terms of the app store from which you downloaded our apps. If there is a conflict between these Terms and the terms of the app store from which you downloaded our apps, the terms of the app store from which you downloaded our apps shall prevail.
4.1 Unless you have requested and obtained our prior written consent or otherwise expressly permitted by these Terms, you may not:
(a) copy our Apps, except as part of the normal use of our Apps or as necessary to create backups or for operational security;
(b) modify or translate our App, in whole or in part, or combine or merge our App with any other object code or program;
(c) reverse engineer, decompile, disassemble, reduce object code to source code form, or create (or attempt to create) derivative works based on our Apps, in whole or in part, except to the extent permitted by applicable law and provided that the information you obtain in the foregoing activities:
(i) not be disclosed or communicated to any third party to whom such disclosure or communication is not required under applicable law without our prior written consent;
(ii) may not be used to create any software that is substantially similar in expression to our App;
(iii) provide security protection;
(iv) only used in accordance with applicable law;
(d) distribute, sublicense, assign, share, time share, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our App or your right to use our App;
(e) remove, modify, block, disable, obscure or deface any copyright, trademark or other proprietary notices, materials or advertisements contained in our Apps belonging to us, our licensors or other third parties;
(f) incorporate our App into any other service or website, or make it available via framing or mirroring;
(g) extract any data or metadata from our Apps, or create any index or database containing any part thereof;
(h) circumvent, disable or otherwise interfere with security-related features of our App or the following:
(i) prevent or restrict the use or copying of any part of our App;
or (ii) impose restrictions on the use of our App, in each case without exercising your rights under paragraph 3.1 (a) or 3.1 (c);
(i) perform any actions that may damage our App;
(j) use our App for any harmful or illegal activity;
or (k) use our App in any way not expressly authorized in these Terms.
5.1 You must:
(a) you may not use our App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or engage in fraudulent or malicious conduct (for example, hacking into our App or any operating system or inserting malicious code (such as viruses) or harmful data into it);
(b) not infringe any rights (including intellectual property rights) belonging to us or any third party in connection with your use of our App;
(c) not to transmit any defamatory, offensive or otherwise objectionable material in connection with your use of our App;
(d) you may not use our App in any manner that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users;
(e) comply with any applicable third-party terms and conditions relating to your use of our Apps;
and (f) not collect or harvest any information or data from any Service or our systems, or attempt to decipher any transmissions to or from our servers.
6.1 The App Content may contain trademarked or copyrighted material owned by us or by third parties. The App Content includes images, logos, music, photographs and video content incorporated into and forming part of our Apps. The term "App Content" also includes any part of any App Content, or any compilation, deviation, manipulation, modification, screen print or copy, or derivative work based on or incorporating any App Content.
6.2 The App Content may only be used as part of our App and may not be used independently.
7.1 All intellectual property rights in our Apps, App Content and related documentation throughout the world belong to us and our licensors, and the rights in our Apps are licensed (not sold) to you. Other than the right to use them in accordance with these Terms, you do not own any intellectual property rights in our Apps or related documentation.
8.1 Subscription Plan
Improve 's basic version is available for free . To access Improve 's premium features, including (but not limited to) personalized training, access to all games, access to advanced statistics, you must pay through an auto-renewing subscription . Improve's premium features are available for purchase within the app or through Apple's App Store. Therefore, when you purchase these features, you are also subject to the App Store 's Terms of Service.
8.2 Automatic Renewal and Cancellation of Subscription
Improve is purchased through the App Store auto-renewable subscription , which means that your subscription will automatically renew at the end of the subscription period. However, if you decide not to use our services anymore, you can modify or cancel your subscription at any time by changing the settings within the app or by logging into your Apple ID on your Apple device. Before canceling, be sure to understand the policies and possible fees in advance. Please note that you will be automatically charged unless you cancel your subscription 24 hours before the end of the free trial period or the current subscription period. It should be noted that deleting the APP from your device does not mean that your subscription is canceled, and automatic renewal will continue. Cancellation of subscription will take effect at the end of the current subscription period, and users can continue to use premium services during the current subscription period.
more details about managing subscriptions via Apple ID, please refer to :
iOS: https://support.apple.com/kb/HT4098
8.3 Refund Policy
Your payment is managed by Apple through the App Store and you will need to contact Apple Customer Service for a refund as we are unable to process refunds ourselves.
Please consciously initiate a refund App through legal channels. If you subscribe in an illegal way, or use a subscription method not specified by us, or use loopholes in different channels to maliciously refund, we cannot guarantee that the subscription will be completed smoothly or correctly. If your rights are damaged as a result, we will not make any compensation or compensation. We also reserve the right to terminate your account qualifications at any time, recover the amount paid for illegal subscriptions, and stop providing various services.
If there is no valid evidence, the subscription behavior of underage users will be deemed to have been consented by their legal guardians.
8.4 Lifetime Subscription Plan
Improve 's Lifetime Subscription Plan allows you to access the then-currently available premium features of Improve . We make no warranties or representations regarding the expected lifespan of the Improve service, however, by purchasing a Lifetime Plan, you acknowledge and agree that the Improve service may be changed or terminated in the future and, therefore, you may not transfer the Lifetime Subscription Plan to any other person.
8.5 Data Deletion
When the subscription service expires and you decide not to renew, the service you enjoy will be closed at the same time, and we will delete the relevant data on the cloud server. Please make sure to back up your data in time. We do not assume any responsibility if your data is damaged, lost, or destroyed as a result. Please understand.
9.1 If we fail to comply with these Terms, we will be responsible for any loss or damage you suffer that is a foreseeable consequence of our breach of these Terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or, at the time you accepted these Terms, both we and you knew it might happen (a "foreseeable loss");
9.2 Our total liability to you for foreseeable losses arising out of or in connection with these Terms for all events occurring in any calendar year , whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of:
(a) 100% of the fees paid and payable by you to us in respect of the App during that calendar year;
9.3 Circumstances that may cause unforeseeable losses or damages include but are not limited to:
(a) use our App in any way not authorized by us;
(b) terminate, suspend or restrict the use of our App in accordance with these Terms;
(c) any loss or damage caused by us where we have not breached any contractual or legal obligation to you;
any loss or damage (including loss or damage to any of your equipment or content) caused by your negligence, your failure to follow our reasonable instructions, or any other breach of these Terms (or any other contract between you and us), unless we have breached our legal duty or duty of care to you and that breach was the primary cause of the loss or damage;
(d) any loss or damage caused by any errors, bugs or viruses in your use of our App that are not directly caused by or attributable to our App or the incompatibility of our App with any other software, hardware or material on your device.
9.4 If defective digital content we provide damages your device or the digital content, we will repair the damage or pay you compensation. However, we are not responsible if the damage would have been avoided if you had followed our advice and applied updates provided to you free of charge, or if the damage was caused by your failure to correctly follow installation instructions or meet the technical requirements we advise.
9.5 Our Apps are for home and private use only. If you use our Apps for any commercial, business or resale purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.6 Please note that in some jurisdictions, consumer protection laws may not allow certain disclaimers, exclusions or limitations of liability, so some of the disclaimers, exclusions and limitations of liability in these Terms may not apply.
9.7 We recommend that you back up any content and data associated with our App to protect yourself in case something goes wrong with our App.
9.8 Our Apps are not developed with your personal needs in mind. Please check whether the facilities and functionality of our Apps (as described in the App Store and related documentation where our Apps are available) meet your requirements.
9.9 If our support for the App is delayed by an event beyond our control, we will contact you as soon as possible to let you know and take steps to minimise the impact of the delay. If we do this, we will not be responsible for the delay caused by the event, but you can terminate these Terms by ceasing to use our App and deleting or removing it from your device.
9.10 Our Apps are available in various app stores. The distribution of our Apps through app stores is subject to their rules, and we must comply with them. Some places do not allow Apps with paid in-app purchase products, so in these places, our Apps will not be visible to app store users registered in these places.
9.11 You agree to indemnify us for any losses (including reasonable legal costs) we suffer as a result of your breach of clause 4 or 5.
10.1 We will only use any personal data collected through your use of our App in the manner set out in our Privacy Policy (which can be found here).
10.2 Please be aware that Internet transmissions are never completely private or secure, and any message or information you send using our App may be read or intercepted by others, even if there is a special notice indicating that a particular transmission is encrypted.
10.3 By using our Apps, you consent to our collection and use of technical information about the device on which you use our Apps and related software, hardware and peripherals to improve our products.
11.1 Acknowledge that our App may contain links to third party websites (whether through advertisements or otherwise) which are not owned or controlled by us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them and, therefore, we are not responsible for the availability, suitability, reliability or content of such third-party websites.
11.2 The inclusion of such hyperlinks on our Apps does not imply our endorsement of the material or the views expressed therein.
12.1 If you believe that our App is defective or misdescribed, please contact us using the details provided in paragraph 1 .
12.2 If we need to contact you, we will contact you by email using the contact information you provide to us.
13.1 Acknowledging that our Apps and App Content may be supported by advertising revenue, we may place advertisements, promotions or sponsored content on our Apps, on, about or in conjunction with App Content. You acknowledge that we may not always be able to identify advertisements, promotions and sponsored content, and that the manner, mode and extent of such advertisements, promotions and sponsored content may change without notice to you. We may, at our sole discretion, offer the ability to remove advertisements for a fee through the settings menu within the App.
14.1 We may automatically update our Apps from time to time to improve performance, enhance functionality, reflect changes in operating systems or address security issues.
14.2 If you choose not to install such updates or opt out of automatic updates, you may not be able to continue to use our Apps.
14.3 Changes to our App will not prevent our App from running with the operating system version displayed in the App Store from which you downloaded the App.
15.1 These Terms may only be amended with our prior written consent. We may change or amend these Terms, including introducing new terms, which may include:
(a) as a result of changes in applicable law or our business;
(b) necessary to provide our Apps;
or (c) the results of any improvements made to our App.
15.2 We are under no obligation to notify you of any changes to these Terms that would result in minor adjustments or amendments to these Terms.
16.1 We may transfer our rights and obligations under these Terms to another organisation. If this happens we will always notify you in writing and ensure that the transfer does not affect your rights under these Terms.
16.2 You may only transfer your rights or obligations under these Terms to another person with our written consent.
17.1 These Terms apply from the time you click “I Accept” at the bottom of this screen (the “Effective Date”) and will remain in full force and effect while you use our App until terminated in accordance with this paragraph 16 .
17.2 We may terminate these Terms and your use of our Apps, or suspend your use of our Apps, immediately by notifying you in writing if:
(a) we believe that you have used our App in violation of these Terms; (b) we believe that someone has accessed our App without authorization;
(c) withdraw our App (in whole or in part) at our sole discretion;
or (d) we have a legal or regulatory obligation that affects our ability to provide the App;
17.3 We may terminate the license to any App Content at any time at our sole discretion. In this case, you may continue to use our Apps and App Content, but they will no longer be available on the App Store and we will no longer support them.
17.4 You may terminate these Terms by ceasing to use our App and deleting or uninstalling it from your device.
17.5 Upon termination for any reason:
(a) all rights granted to you under these Terms terminate (however, any liabilities you previously incurred under these Terms will survive termination);
(b) you must cease all activities authorized by these Terms;
(c) You must delete or remove our App from your device.
18.1 The Agreements do not create any rights under the Contracts (Rights of Third Parties) Act 1999 to enable you or anyone other than us to enforce any term of these Terms or the Privacy Policy.
1 8.2 If we delay enforcing this contract, we can still enforce it later. If we do not immediately ask you to take any action under these terms, or if we delay taking steps against you for breaching this contract, that will not mean that you do not have to take those steps and it will not prevent us taking steps against you at a later date.
18.3 If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
18.4 Without prejudice to any other rights or remedies we may have, you acknowledge and agree that damages alone would not be an adequate remedy for your breach of these Terms and we shall be entitled to an injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.