Active Stream’s mission is to provide our users (“Users”) with quality exclusive virtual physical training experience, recommendations and other material through the videos and tips posted by trainers (“Trainers”) on its platform (“Training Content”). In so doing, Active Stream also provides Trainers with the ability to promote themselves through the Training Content they post and upload on Active Stream.
United Arab Emirates is Active Stream’s country of domicile and stipulates that the governing law is the local law. Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of the UAE
1. Access to the Service
1.2. By using the Service, you agree that:
- 1.2.1. you are at least 18 years old (or the age of majority in your territory of residence if more than 18 years old);
- 1.2.2. you will not open more than one account under the Service; and
- 1.2.3. all information provided while completing your profile or registering with the Service is accurate and complete.
1.3. You understand that, should any of the above be untrue, we shall have the right to immediately and at our sole discretion, suspend or terminate your account on the Service (“Account”).
1.4. You may be able to access and view some Content without registering an account or paying a subscription fee. Additional Content will be accessible to you in line with our mission set out above if:
- 1.4.1. you have signed up to a free trial of the Service, for the duration of such trial;
- 1.4.2. you are benefitting from a Promotional Offer as per Clause 3below; or
- 1.4.3. you have subscribed to the Service (“Subscription”).
1.5. To use Active Stream, you must ensure you have internet access and an electronic device that is compatible with and can install the Application. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified in the "Settings" section of the Application.
1.6. The quality of the display of content may vary from one device to another and may be affected by a variety of factors unrelated to the actual Service, such as your location, the bandwidth available and Internet speed. The minimum connection speed for SD quality is 10MB, however a faster connection would result in improved video quality. You are responsible for all Internet access, mobile data or other charges incurred when using the Service. Remember that streaming and downloading audio-visual content such as the Training Content can use up a lot of data.
1.7. To get the best experience, we recommend that you accept any updates to the Service as and when they become available. This may also require you to update your device operating system.
1.8. The Service and any content viewed through the Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. You understand and acknowledge that, in using the Service, you may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you.
1.9. We will not trade with or provide services to OFAC and sanctioned countries.
1.10. Where you have subscribed to the Service, information relating to such Subscription will be available under the “Settings” section of the Application. Additional information relating to your payment obligations is available under this section, including any recurring fees, applicable auto-renewals, and how to stop or cancel the Subscription. If you have subscribed through a third-party, for instance an application store or through one of our partners, the provisions of Clause 10 shall also apply.
2. Your Account
2.1. You are responsible for ensuring that your log-in details to your Account remain secure and confidential at all times. You are responsible for anything that happens through your Account unless you close it or report misuse with undue delay.
2.2. You shall notify us as soon as you become aware of or suspect that your log-in details may have been disclosed or that there may have been any breach of security or unauthorized use of your Account.
3. Free Trials and other Promotional Offers
3.1. Upon registering an Account, you may be provided with a free trial of the Service for a certain period as specified at the point of such registration. Free trial periods shall only be made available to new subscribers (one per subscriber) unless otherwise provided.
3.2. At the end of your free trial period, you shall automatically be charged the subscription fee unless you had already cancelled your subscription before the end of your free trial period. We do not undertake to notify you that your free trial period is about to or has expired and it shall be your responsibility to check the “Settings” section of the Application to determine the date of such expiry.
3.3. We and our partners may make available codes and other promotional offers which provide free access to the Service for a certain duration or provides a discount for such access (“Promotional Offers”). These Promotional Offers may take a variety of forms. They may be provided on a stand-alone basis or as part of a larger bundle with other services or products, as agreed at our sole discretion. Specific terms and conditions will apply to these Promotional Offers. These specific terms and conditions shall be made available along with the Promotional Offer and it shall be your responsibility to familiarize yourself with the terms thereof, which will be binding on you as soon as you benefit from the Promotional Offer. For the avoidance of doubt, under no circumstances will we be held responsible for the services and products offered by our partners or any third parties as part of a Promotional Offer.
3.4. We shall maintain absolute discretion to determine eligibility for Promotional Offers and shall have the right to limit or revoke any Promotional Offer should we determine that an ineligible person benefitted from one.
3.5. Different rules may apply where you have registered through a third party, as further explained under Clause 10.
4.1. Upon registering an Account and expiry of the free trial period or Promotional Offer (as applicable), you shall automatically be subscribed to one of the Subscription packages as notified to you during registration of your Account. The period and details of the Subscription shall be made available to you on the Application during your registration and afterwards under “Settings”.
4.2. Subscriptions to the Service shall be automatically renewable unless you cancel your Subscription before the next renewal date. Any automatic renewal of Subscriptions shall be for the same Subscription period and pursuant to the same Subscription fee at the same price unless notified otherwise in writing in accordance with Clause 8.
5.1. You agree to use the Service in accordance with all applicable laws, rules, regulations, and restrictions.
5.2. You agree to comply with the Rules Card as listed under Schedule 1 below.
6.1. Upon expiration of your free trial period with the Service, you shall be bound to pay us the applicable Subscription fee in addition to any applicable taxes such as VAT. Additional payment terms may apply depending on the purchased item. Failure to pay in line with your obligations will result in the termination of your Subscription.
6.2. Subscription fees will be paid at the end of each billing cycle as indicated during registration on the Service. You can access details of the billing cycle and due payments under “Settings” of the Application.
6.3. You hereby consent to the following:
- 6.3.1. Your payment may be subject to foreign exchange fees or price differences depending on the location of your bank account (e.g. exchange rates);
- 6.3.2. We may store details relating to your bank account and payment method to enable us to continue billing you for your Subscription;
- 6.3.3. With respect to Subscription fees, you shall be billed automatically at the start of each subscription period using the payment information provided during your Account registration, unless otherwise provided; and
- 6.3.4. We are authorized to calculate taxes payable by you based on your location and the billing information provided.
6.4. You can access your billing information, invoices or change your payment method by selecting “Settings” on the Application (unless you’re paying through a third party, in which case please refer to Clause 10).
6.5. In case of a payment default, whether due to expiry of your payment method, insufficient funds in your account, or otherwise, we will notify you and may suspend your Subscription and access to the Service until such time that payment is completed. Upon changing your payment details pursuant to a payment default, you authorize us to charge you for the applicable fees without any further notice to you. Where your suspension is lifted pursuant to completing payment, the applicable payment and Subscription dates may have changed as a result thereof.
6.6. The cardholder must retain a copy of the transaction records and our policy and rules.
6.7 We may use other companies, agents or contractors to process payment transactions and manage Subscriptions. For certain payment methods, the relevant issuer may charge you certain fees relating to the processing of your payment method. You will be solely responsible for any taxes and charges that may apply. Please check with your payment provider for details.
6.8 Once your payment is made, the confirmation notice will be sent to your email within 24 hours of the receipt.
7.1. You can cancel your Subscription at any time and will continue to have access to the Service until the end of the relevant billing period. To the extent permissible by applicable law and subject to any errors on our part, any payments already made shall be non-refundable and we do not provide refunds or credits for any partial Subscription period or unwatched content.
7.2. In order to cancel your Subscription, go to the “Accounts Settings” section of the Application. If you had signed up to Active Stream through a third party, you may need to cancel the Service through that third party. It is your responsibility to ensure that your Subscription is also cancelled through the third party.
8. Changes to the Price
8.2. If pursuant to a notification of price change, you do not wish to continue using the Service, you may cancel your Subscription at any time before the change takes effect, in which case you shall continue to have access to the Service until the end of the relevant billing period.
8.3. We will always try and ensure that adequate notice is provided to enable you to cancel your Subscription prior to the taking into effect of a change of price.
9. Refunds and credits
9.1. To the extent permitted by applicable law, payments shall be non-refundable and no refunds or credit shall be provided for partially used billing periods. At any time we may, for any reason and at our sole discretion, provide a refund, discount or other consideration to some users, however this does not bind us to provide the same to any other user or to provide the same consideration at any later point in time, even under the same circumstances.
9.2. If you signed up for a Subscription through a third party and encounter billing or payment related problems, please contact that third party in respect of any available refunds or credits relating to this issue. For any other issues, you can contact us directly using the details set out under the “Help” section of the Application.
10. Third party platforms and services
10.2. If you are paying for the Subscription through a third party and wish to update your payment method, you will need to do so through that third party.
11. Other Content, Sites and Apps
By using the Service, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not generally review content provided by our trainers or others before the uploading of such content. You agree that we are not responsible for such content or information. We cannot always prevent misuse of our Service, and you agree that we are not responsible for any such misuse.
12.1. We retain the full right and discretion to decide on all matters relating to the way Active Stream is operating, being developed, any changes that are effected with respect to the purpose of Active Stream, its intellectual property rights, brand name, relation with suppliers, trainers and any third parties or stakeholders and on the fee payable by Users, ownership and management of Active Stream without any restrictions of any type or form.
12.2. We may make changes to or discontinue the free elements of the Service at any time without prior notice to you. We may also regularly make changes to any element of the Service, including by adding and removing videos and other content for various reasons. We have the right to add or withdraw content on the Service at any time and for any reason, with or without notice. You acknowledge and agree that the content available as part of the Service is variable and may change from time to time without notice.
12.5. If pursuant to a notification of “material change” or “materially adverse change” (as applicable), you do not wish to continue using the Service, you may cancel your Subscription at any time before the change takes effect, in which case you shall continue to have access to the Service until the end of the relevant billing period. Your continued use of the Service after notice of change is issued and the change comes into effect means that you are consenting to said changes
12.6. We will always try and ensure that adequate notice is provided to enable you to cancel your Subscription prior to the taking into effect of the relevant change.
13. Ownership of Content
13.1. With the exception of the content submitted to the Service by you, all other content on the Service is either owned by, or licensed to, us and is subject to our copyright, trade mark rights, and other intellectual property rights or that of our licensors. Any third-party trade or service marks present on content not uploaded or posted by you are trade or service marks of their respective owners.
13.2. The Service is licensed to you (not sold) for your personal and non-commercial use only. During your Subscription, we grant you a limited, non-exclusive, non-transferrable license to access the Service and stream, download and temporarily store and view content therein. Except for the foregoing, no right, title or interest shall be transferred to you. We and our licensors reserve all rights not expressly granted in and to the content of the Service.
13.4. We reserve all our intellectual property rights in the Service. Using the Service does not give you any ownership in our Service or the content or information made available through the Application. Patents, patent applications, trademarks, copyrights, trade secrets and know-how (whether or not patentable) used in connection with the Service are those of their respective owners. “Active Stream”, and other Power Interactive trademarks, service marks, graphics, and logos used in the Service are trademarks or registered trademarks of Power Interactive.
14. Content posted by you
14.1. While using the Service, content may be posted by you and made available to the public, such as “comments” or other feedback to videos and tips posted on the Service.
14.2. You are solely responsible for your own content and the consequences of posting or publishing it. We do not endorse your content or any of your opinions, recommendations, or advice expressed and disclaim any and all liability in connection with your (or any third party's) content.
14.5. You acknowledge that you will not receive financial compensation of any type from us for your content.
14.6. You shall not, under any circumstances:
- 14.6.1. post or upload any content containing material which is unlawful for you to post about or possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service;
- 14.6.3. submit content to the Service that contains any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner or are otherwise legally entitled to post the material in question.
15. Termination of right to use the Service
15.3. For the avoidance of doubt, your claiming ownership rights or access to our content, records or confidential information, will automatically grant us the right to restrict, suspend or terminate your right to use the Service and to restrict, suspend or terminate your Account.
17. Release of Liability and Waiver
17.1. You understand that exercise and training are potentially hazardous activities. You further understand that these activities involve risks of injury, aggravation of pre-existing conditions, and in the most severe and extreme situations, even death. Furthermore, you acknowledge that the effect of exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise that could lead to complications and adversely affect your health. These changes may include, among other effects, high blood pressure, increase heart rate, altered heart function, and possibly, and again in rare instances, cardiac complications. Accordingly, you acknowledge that you are voluntarily participating in these activities with the full knowledge and understanding of the potential dangers. You are aware that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any, are recommended by your personal doctor. You further acknowledge that you have either had a physical examination within the last month and learned of the recommended activities, and that you voluntarily assume all responsibility and liability for following any and all instructions, tips and training provided by way of the Training Content on the Service. If you are currently under a physician’s care for injury, condition or illness, we strongly urge you to consult your physician before conducting any exercises, using any equipment, or otherwise undertaking any physical activity pursuant to Training Content on the Service.
17.2. Whether you have had an examination or voluntarily assume all liability you further declare that you are physically fit, sound and suffering from no condition, impairment, disability, disease, infirmity, or illness that should prevent your participation in any training program and the use of any exercise equipment.
17.3. Moreover, in consideration of being allowed to access the Training Content on the Service, you personally assume all risks involved in all exercising, training, activities and programs pursuant to Training Content on the Service. You also waive and release, now and forever, all claims and causes of action against Power Interactive, its elected or appointed officers, agents, volunteers, employees, representatives, consultants, executors, and all other directly or indirectly connected with Power Interactive from any and all personal injuries sustained (including death), any medical condition of any kind which results in any aggravation of a pre-existing medical condition, and any and all other damages or injuries which you sustain in any way from the direct or indirect result of your activities, exercise, training and participation in the training pursuant to Training Content on the Service.
18. Warranties and Limitation of Liability
18.1. We disclaim any liability for a user’s provision of inaccurate, false or misleading information and for a user’s misconduct, fraud, negligence, personal injury or death.
18.2. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. For the avoidance of doubt, the trainers uploading Training Content on our Service are not employees or agents and we are not responsible for such content. We do not seek to exclude liability for fraudulent misrepresentation, willful misconduct or gross negligence by us or our employees or agents.
18.4. To the extent legally permissible, we are not responsible for:
- 18.4.1. the Training Content uploaded on our site by trainers and any harm, loss or damage incurred as a result thereof;
- 18.4.2. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
- 18.4.3. your content;
- 18.4.4. any use of the Service or content which isnot authorized by us;
- 18.4.5. any malfunction or interruption to the Service therein due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
- 18.4.6. errors, viruses or bugs present in or arising from your use of the Service;
- 18.4.7. incompatibility of the Service or Training Content with any other software or hardware (including any of your devices);
- 18.4.8. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service; and
- 18.4.9. any act or default of any third-party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
- 18.5. Notwithstanding the above, in no event shall our total liability to you or any other person for all damages arising from your use of the Service and content therein exceed an amount that is the lesser of (i) 5 (five) times the most recent monthly or yearly fee that you paid for theService, if any; or (ii) AED 245 (Two-Hundred and Forty-Five Arab Emirate Dirhams).This limitation of liability shall apply to all claims of liability.
- 18.6. Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service or the content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.
- 18.7. The Service is provided “as is” and “as available” and without warranty or condition. We cannot guarantee that the Service or the content therein will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.
18.8. These terms will not limit any non-waivable liability, warranties or consumer protections rights that you may be entitled to under the laws of your country of residence.
19. Advertising and third-party websites
- 19.1. The Service and content may contain advertisements and sponsorships. To the extent provided by law, we are not liable to you for any reliance placed by you on the completeness, accuracy or existence of any advertising on the Service and content.
- 19.2. The Service may include hyperlinks to other websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the availability of content, privacy policies, or practices of any third-party websites.
- 19.3. You acknowledge and agree that we will not be liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
20. Reporting Content
- 21.1. We will send you information relating to your Account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example by in-Service message or SMS or via emails to your email address provided during registration. If you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email or mobile number from that third party or platform so that we can keep you up to date with service-related messages.
- 21.2. You agree to keep your contact information accurate and updated. We shall not be held responsible for any failure of yours to receive a notice or message from us due to your provided contact information being inaccurate or out of date.
22. Transfer of rights
- 22.1. The agreement between us and you is personal to you and no third party is entitled to benefit under it. Accordingly, you may not assign, transfer or in any other way alienate any of your rights to the Service whether in whole or in part.
25. Cumulative Rights
27. Governing Law and Dispute Resolution
- 27.1. United Arab Emirates (UAE) is our country of domicile
- 28.2. With respect to any payment-related complaints, you must contact us regarding such complaint in writing as soon as possible and in any event no later than 10 (ten) business days from the date of receipt of the contested statement by email.
- 28.3. Upon receipt of a complaint, we will pursue all reasonable measures to investigate and resolve the matter as soon as practicable and shall contact you no later than 3 (three) business days from receipt of the complaint to investigate or resolve the matter.
- 28.4. If you are not satisfied with our response pursuant to theabove, you shall notify us of the same in writing. If we are unable to agree and are unable to resolve the complaint by direct good faith negotiation within 10 (ten) business days of the date of such written notice, the dispute shall be referred to and finally settled in accordance with Clause27.
- 28.5. If you fail to report a complaint to us within the deadlines set out in this Clause, such that we are unable to properly investigate and resolve the complaint, we will be entitled to outrightly reject such complaint due to lack of adequate notice.
29. Contacting us
- You can contact us at firstname.lastname@example.org using the contact us details under the “Help” section of the Application.
A - Positive Obligations:
- 1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements;
- 2. Provide accurate information to us and keep it updated;
- 3. Be responsible for keeping your password secure;
- 4. Be solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, pose and display on the Service;
- 5. Use your real name on your profile; and
- 6. Use the Service in a professional manner.
B - Negative Obligations:
You shall not:
- 1. Give third parties access to the Service;
- 2. Create a false identity on the Application, misrepresent your identity, create an account for anyone other than yourself (a real person), or use or attempt to use another’s account;
- 3. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Service or otherwise copy content and other data from the Service;
- 4. Override any security feature or bypass or circumvent any access controls or use limits of the Service;
- 5. Archive, copy, use, disclose, modify, publish, license, create derivative works from, offer for sale or distribute any information or content obtained from the Service, whether directly or through third parties (such as search engines), without our consent;
- 6. Disclose information that you do not have the consent to disclose;
- 7. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
- 8. Post anything that contains software viruses, worms, or any other harmful code;
- 9. Insert any code or product or manipulate the content of the Service in any way;
- 10. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Serviceor any related technology that is not open source;
- 11. Imply or state that you are affiliated with or endorsed by us without our express consent;
- 12. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Serviceor related data or access to the same, without our consent;
- 13. Use bots or other automated methods to access the Service, add or download content, send or redirect messages;
- 14. Monitor the Service’savailability, performance or functionality for any competitive purpose;
- 15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service;
- 16. Abuse harass, threaten, impersonate or intimidate other users of the Service, including trainers;
- 17. Use the Service for any illegal or unauthorized purpose;
- 18. Create or submit unwanted email or comments on to any other users of the Service, including trainers;
- 19. Overlay or otherwise modify the Serviceor its appearance; and/or
- 20. Interfere with the operation of, or place an unreasonable load on, the Service (e.g., spam, denial of service attack, viruses, gaming algorithms).