1. Terms
By accessing Intensity, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this service. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Intellectual Property
Intensity’s web site, mobile app and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Intensity. You may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Intensity’s web site or mobile app;
transfer the materials to another person or “mirror” the materials on any other server.
If you violate any of these restrictions you may be terminated by Intensity at any time.
3. Disclaimer
The materials on Intensity’s web site and mobile app are provided “as is”. Intensity makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Intensity does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Intensity or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Intensity’s Internet site or mobile app, even if Intensity or a Intensity authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Intensity’s web site and mobile app could include technical, typographical, or photographic errors. Intensity does not warrant that any of the materials on its web site and mobile app are accurate, complete, or current. Intensity may make changes to the materials contained on its web site at any time without notice. Intensity does not, however, make any commitment to update the materials.
6. Links
Intensity has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Intensity of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
Intensity may revise these terms of use for its web site at any time without notice. By using Intensity you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Intensity’s web site shall be governed by the laws of the country New Zealand without regard to its conflict of law provisions.
9. Intensity Account
You are responsible for safeguarding the password that you use to access Intensity and for any activities or actions under your password, whether your password is with Intensity or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
10. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use Intensity will immediately cease. If you wish to terminate your account, you may simply discontinue using Intensity, or contact us.
11. Health
You agree that Intensity is not providing medical advice.
Intensity shall not be held liable for any damages, indirect or direct, related to or resulting from any use of the services, including injury or death.
12. Intensity Premium
Intensity Premium is a service that unlocks various features of the app.
Intensity users can choose between a monthly subscription or a lifetime membership – “Intensity Lifetime Premium”. “Lifetime” is considered to be the lifetime of the service and not of the user. While we make every effort to ensure the continued operation of services, we cannot make any guarantee regarding future access to the service. (See also Limitations above)
Payment will be charged to iTunes App Store or Google Play upon confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, at the original cost. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
13. Usage policy
This Usage Policy and accompanying definitions pertain to certain services offered under Intensity Premium including “Unlimited Program Creation”, “Unlimited Storage”, “Priority Support”, and “Priority Feature Requests”.
What is unlimited?
Unlimited Program Creation: Refers to the ability to create as many small or large programs within your account within the constraints of Intensity’s server storage, CPU, and RAM resources. Keep in mind, there are many other users of Intensity. If we notice excessive usage, we may restrict certain resources on your account to prevent other users from being adversely affected. Examples of excessive usage include: creating thousands of programs in a short period of time, building unreasonably large programs spanning hundreds of weeks.
Unlimited Storage: Refers to the ability to upload as many videos of your sets within your account within the constraints of Intensity’s server storage, CPU, and RAM resources. Keep in mind, there are many other users of Intensity. If we notice excessive usage, we may restrict certain resources on your account to prevent other users from being adversely affected. Examples of excessive usage include: uploading a large number of videos over a short period of time, uploading large video files (over 100MB), uploading non-video format files.
What does priority mean?
Priority Support: Refers to support requests via [email protected] being answered before users who have not purchased Intensity Premium or have an expired membership. There is no specific timeline requirement to respond. All support requests will be addressed in due course.
Priority Feature Requests: Refers to features requested via [email protected] being addressed before users who have not purchased Intensity Premium or have an expired membership. This does not mean any features requested will be added to Intensity. All features requested will be addressed and reasonably considered before the final determination is made by Intensity to add the feature to the app.
General Terms and Conditions applicable to Use of a Web Site.