Terms of Use - 4improve

last updated March 26, 2023

Welcome to 4improve! 4improve Limited (“4improve” or “we”) provides our website located at www.4improve.io (the “Site”), and mobile applications (“App”), and our relaxation and self-improvement services accessible via our Site and App (collectively, the “Services”), and items and programs that can be purchased through the Services (“Products”). Please read these Terms of Service carefully because they govern your purchase and use of our Services and Products. For contact information and other corporate details of 4improve, please see the “Contact Us” section at the end of these Terms. If you have questions regarding our Services, or publication of the Services, or any other matter relating to the Services, please contact us using the contact information.

Scope of Terms

These Terms apply to your use of the App and all other Products and Services, including any content made available therein. Any additional terms that you agree to in relation to some of our Services or Products become part of your agreement with us if you use those Services and Products. The legal relationship between 4improve and the user for the use of the Services and Products is exclusively subject to these Terms and any such additional terms. If there is a conflict between these Terms and any such additional terms, the additional terms will control for that conflict. Any conflicting terms provided by you or any other user do not apply, even if we do not object to them. If you don’t agree to be bound by these Terms, you may not use the Services or Products.

Privacy Policy

Please refer to our privacy policy (https://4improve.io/privacy.php) for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

When the user allows the app to sync with google fit, we track the user’s steps which allows them to see how many steps they have walked in the day, and the month. We need to collect this data so that we can chart the user’s progress, which allows them to see progress over the year. The user will get 50 coins every 500 steps. We are using the coin system to incentivize the users to get fitter. We are currently working with partners, so in the future, the user will be able to redeem discounts with their coins. The coins are also used to create a Leaderboard which allows users to compete against one another and brings a fun element into the app.

Changes to Terms of Services

We may modify the Terms, from time to time with effect for the future for valid reasons, such as to, for example, reflect changes to our Services or market conditions (e.g., adding new features or benefits to our Services, retiring certain features of certain Services) or for legal, regulatory or security reasons. If we do so, we’ll provide advance notice of such changes, such as by providing notice through email or via the Services, or by updating the “Last Updated” date above and posting the modified Terms on the Site. If we make changes to these Terms, such changes will apply on a going-forward basis, and, unless we say otherwise in our notice, the amended Terms will be effective immediately. It’s important that you review the Terms whenever we modify them because if you continue to use the Services or Products after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Modifying and Terminating our Services and Products

Subject to the terms of this section, we may change or discontinue all or any part of the Services or Products at any time. To be clear, nothing in these Terms affects any mandatory legal rights and remedies you have under the applicable law of your jurisdiction. If any such change or discontinuance would unreasonably disadvantage you or otherwise significantly disturb the contractual balance between the parties, including changes to the essential characteristics of the Service, you can object by terminating your Subscription. If you terminate your Subscription (in any case), you will not be entitled to a refund. Additionally, we are not responsible for any loss or harm related to your inability to access our Services and Products.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and 4improve will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Who May Use the Services

Eligibility

You may use the Services only if you are 4 years or older and are not barred from using the Services under applicable law. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services or Products only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any parent or legal guardian of a user under the age of 18 (or the age of legal majority) who has reviewed these Terms as required by the previous sentence, hereby agrees to be fully responsible for the acts or omissions of such user in relation to our Services and Products. If you use our Services or Products on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorised to accept these Terms on that person’s or entity’s behalf, and (c) in the event you, the person or entity violates these Terms, both you and the other person or entity agree to be jointly and severally responsible and liable for any such violation. To make a purchase via the Services (described in the Section titles “Purchases” below), you must be 18 years or older and capable of forming a binding contract. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements, which will be provided in advance of your acceptance of such requirements.

Account Registration and Security

If you want to use certain features of the Services or certain Products, including if you want to sign up for a free trial or purchase a subscription, you’ll have to create an account (“Account”). You can do this via the App, or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

If you register for an Account via the App, you must provide us with accurate, complete, and up-to-date information and promptly update such information, as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You will maintain the security of your Account and Account password and won’t disclose your Account password to anyone. You will notify us immediately if you discover or suspect any unauthorised use of your Account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Using the Services

You understand and agree that the Services, Products, and any other information you learn from 4improve are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described in the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.

Purchases

Fees for Subscriptions and Products

4improve offers certain enhanced features of the Services which you can access by purchasing a subscription. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing (collectively, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order, if you choose to initiate a Transaction through the Services, you authorise us to provide you Payment Information to third-party service providers so we can complete your Transaction and agree (x) to pay the applicable fees and any taxes specified at the time of purchase; (y) that 4improve may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play, or the Amazon Appstore) where the App is made available (each, an “App Provider”), may be charged; and (z) to bear any additional charges that your App Provider, bank or other financial service providers may levy on you. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on 4improve until accepted and confirmed by 4improve. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If you have any concerns or objections regarding charges, you will raise them with us first and you will not cancel or reject any credit card or third-party payment processing changes unless you have made a reasonable attempt at resolving the matter directly with 4improve. 4improve reserves the right to not process or cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances 4improve deems appropriate in its reasonable discretion. 4improve also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order in accordance with requirements under applicable data protection law. You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). 4improve will either not charge you or refund the charges we do not process or cancel.

Individual Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

The timing of your payment and the automatic renewal of your subscription will depend on the duration of your subscription period and are subject to cancellation rights specified in these Terms. The yearly subscription, which renews automatically for an additional subscription period equal in length to the expiring subscription period until you cancel, all amounts are payable: (a) at the beginning of the subscription period and (b) at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. If you used a promo code, coupon code, or other discounts to sign up for a subscription, your subscription will automatically renew at the then-current price at the end of the discounted-price period, except where another promotional offer applies to you. Except as expressly provided in these Terms, you will continue to receive the Services until the end of your then-current subscription period.

Free Trials

Your subscriptions may start with a free trial (the “Free Trial”). If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free Trials are for new customers only. 4improve reserves the right, in its reasonable discretion, to determine your Free Trial eligibility and to modify or cancel the terms offered for its Free Trials (on a going-forward basis for new Free Trials) at any time. Once your Free Trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges specified at the time of purchase) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Your Free Trial period in no way limits the rights you are entitled to within the scope of your statutory right of withdrawal.

Changes to Price Terms for Subscriptions and Products

4improve may adjust the prices for ongoing contracts/services on the basis of these Terms, at its reasonable discretion, and in line with the development of the costs, which are decisive for the price calculation. Any such price increase or decrease will apply to the new renewal period for the Subscription. If you do not agree to the price, you may terminate your Subscription before the new renewal period begins. A price increase or decrease shall be considered, if, for example, the costs for the procurement of hardware, software, and energy, the use of communication networks, or labour costs increase or decrease or if other changes in the economic or legal framework conditions lead to a changed cost situation. 4improve shall inform the Customer about changes in the price in writing at least 30 days before the changes come into effect. Prices for new contracts for Services and prices of Products may be changed at any time at the sole discretion of 4improve.

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality, or content features, or dependent on any oral or written public comments made by 4improve regarding future functionality or features.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at praharshparikh@yellowpanther.co.uk or on the feedback page in the settings section of the App. By submitting or providing any feedback, you agree that your submissions are voluntary, gratuitous, and without restriction, and will not place 4improve under any obligations to you or any other party. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in 4improve’s sole discretion. You understand that 4improve may treat Feedback as nonconfidential. 4improve does not waive any rights to use similar or related ideas previously known to 4improve, developed by its employees, or obtained from other sources.

Content and Content Rights

For purposes of these Terms, (a) “Content” means text, graphics, images, photographs, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services and Products; and (b) “User Content” means any Content that users (including you) provide to be made available through the Services and Products. Content includes without limitation User Content.

Content Ownership

Except for the licence you grant below, 4improve does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content, as between you and 4improve. Subject to the foregoing, 4improve and its licensors exclusively own all rights, titles, and interests in and to the Services, Products, and Content, including all associated intellectual property rights. You acknowledge that the Services, Products, and Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, Products, or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to 4improve a non-exclusive, transferable, sublicensable, worldwide, royalty-free, and fully-paid license to use, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content via the Services. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these terms, will not violate any rights of or cause injury to any person or entity.

Rights in Content Granted by 4improve

Subject to these Terms, 4improve does not grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, view, copy, and display the Content outside of the Services. Any use of the Services and Products other than as specifically authorised herein, without our prior written permission, is strictly prohibited, will terminate the licence granted herein, and violate our intellectual property rights.

Complaints

We have adopted a policy of terminating the accounts of users who repeatedly infringe the rights of others. If you believe that anything on our Services infringes any right that you own or control or the rights of a third party (e.g., counterfeiting, insult, invasion of privacy) or if you discover that User content promotes crimes against humanity, incites racial hatred and/or violence or concerns child pornography, please immediately notify 4improve by email: praharshparikh@yellowpanther.co.uk. When submitting a notice, you must identify the date of notification; if you are a natural person: your full name, e-mail address and nationality, a description of the content being reported and its precise location (e.g., URL link to the disputed content); and the reasons why the content must be removed. Additionally, if you are located in France please provide your profession, domicile, fate and place of birth along with a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification as to why the author or publisher could not be contacted. We may be unable to process incomplete notices. Warning for users in France: Under French law, presenting content or activity as illegal for the purpose of obtaining its removal by presenting false or inaccurate information is punishable by one-year imprisonment and a fine of EUR 15,000.

Rights and Terms for Apps

Rights in App Granted by 4improve

Subject to your compliance with these Terms, 4improve grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. 4improve reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

These Terms are concluded between you and 4improve, and not with App Provider, and that, as between 4improve and the App Provider, 4improve, is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, 4improve will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. or UK Government embargo, or that has been designated by the U.S. or UK Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Prohibitions on User Content and Conduct

You agree not to do any of the following:

Post, upload, create, publish, store, submit, transmit or otherwise share any User Content that: (a) is confidential and for which you do not have all the necessary rights to disclose or grant us the licence as described above; (b) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (c) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (d) is fraudulent, false, misleading or deceptive; (e) is defamatory, obscene, pornographic, vulgar or offensive; (f) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (g) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (i) promotes illegal or harmful activities or substances; (j) contains any unsolicited or unauthorised promotions, political campaigning, advertising, or solicitations; (k) contains any viruses, corrupted date or other harmful, disruptive or destructive files or content; or (l) in our reasonable judgement, is objectionable, restricts or inhibits any other person from using or enjoying our Services and Products, or may expose 4improve or others to any harms or liability of any type.
Copy, reproduce, distribute, use, publicly perform or publicly display, mirror or frame the Services or Products, or any individual element within the Services, 4improve’s name, any 4improve trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from 4improve or its licensors;
Modify our Services or Products, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services or Products;
Use our Services or Products other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract intellectual property right or other third-party right, or that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or Products, or that could damage, disable or impair the functioning of our Services or products, or that could damage, disable, overburden or impair the functioning of Our Services or Products in any manner;
Develop or use any applications that interact with our Services or Products without our prior written consent;
Avoid, bypass, ignore, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 4improve or any of 4improve’s providers or any third-party (including another user), to protect the Services or Products.
Attempt to scrape or extract data from our Services or Products or download Content from the Services or Products through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 4improve or other generally available third-party web browsers to circumvent measures employed to bypass or prevent or limit access to any part of our Services or Products, including instructions contained in any robots.txt file we provide that controls automated access to portions of our Services;
Attempt to decipher, decompile, disassemble or reverse engineer, except to the limited extent expressly authorized by statute (where applicable), any of the software used to provide the Services or Products, or do anything that might discover source code;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or Products;
Collect or store any personally identifiable information from the Services or Products from other users of the Services or Products without their express permission;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and 4improve; or
Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at praharshparikh@yellowpanther.co.uk. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Medical Disclaimers

By using our Services, Products, and Content, you understand and agree that:

the Services, Products and Content you receive from 4improve are non-clinical in nature, provided for informational purposes only, and not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care;
4improve is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing medications or treatments or determining the effect of any specific treatment on a medical condition;
4improve does not provide emergency services and may not contact you or anyone on your behalf with respect to your medical condition or treatment;
4improve is not responsible for the effectiveness or correct use of Content you receive through or is generated by the Services or Products;
You should always consult a physician if you have any questions regarding a medical condition; and
Never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services or Products.
Not all activities described as part of the Services or Products are suitable for everyone. Do not use the Services or Products while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You agree to use the Services and Products responsibly

The App provides information on health, fitness, nutrition, and wellness, but it is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified healthcare provider before starting any exercise or nutritional program, or making any changes to your lifestyle.

Indemnity

You will indemnify and hold harmless 4improve and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

Limitation of Liability

Neither 4improve nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Calm has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will 4improve’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to 4improve for use of the Services, Products or Content, if you have not had any payment obligations to 4improve, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between 4improve and you.

General Terms

These Terms, together with any different or additional terms agreed to as part of specific Services or Products, constitute the entire and exclusive understanding and agreement between 4improve and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 4improve and you regarding the Services, Products, and Content. If any provision of these Terms is held unlawful, invalid or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect 4improve may freely assign or transfer these Terms without restriction. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by 4improve under these Terms, including those regarding changes to these Terms, will be given: (a) by 4improve via email; or (b) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is received at the server od your email service provider. 4improve’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of 4improve. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Contact Information

If you have any questions about these Terms or the Services or Products, please contact 4improve at praharshparikh@yellowpanther.co.uk.