English / Deutsch (s.u.)
Disclaimer: Before starting any exercise program through the Service, consult your physician to determine if such program is right for your needs. Do not start exercise program through the Service if your physician advises against it. Your use of the Service and attending our interactive classes is at your sole discretion and risk. Always stop the exercise immediately if you experience faintness, dizziness, pain or shortness of breath at any time while exercising.
You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via Facebook.
1. Rights & Obligations
The Service is licensed to you for your personal and non-commercial use only. Your use of the Service might be governed also by separate policies, as provided in connection with such services. Each individual User shall only create one (1) Account. When attending classes through the Service You shall always wear proper exercise clothing. Shape Pro grants to you a limited, non-exclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Service application for your private use. The Service comprises the relevant application that enables you to use the Service. You affirm that you have not been previously suspended or removed from the Service. You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account.
If you download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. This Agreement does not entitle you to future updates, new versions or other enhancements of the application although Shape Pro may choose to provide such updates etc., in its sole discretion.Without limiting any other remedies, Shape Pro may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if Shape Pro suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Shape Pro services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any additional content (as defined here below) or other material associated with your use of the Service, and Shape Pro is under no obligation whatsoever to compensate You for any such losses or results.
You are solely responsible for all your use of the Service and for the security of your equipment. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that you are personally responsible for the use of your account, and for all of the communication and activity in connection with the Service resulting from the use of your account.
You may interact with yoga instructors or users through the Service and submit messages, connect with friends or comment, like or share posts and/or other content to the Service (“User Content”). Shape Pro does not have any duty to monitor any User Content. However, Shape Pro shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms. You are solely responsible for any User Content posted, uploaded, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions.
Shape Pro does not claim ownership to any User Content but You grant to Shape Pro a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties as per your request. You also grant each recipient, to whom you have addressed any User Content submitted by you in the Service, a non-exclusive license to access such User Content through the Service.
Shape Pro respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Shape Pro becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws. If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement to support our email at email@example.com.
3. Intellectual property
The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Shape Pro Property”) are owned by or licensed to Shape Pro, subject to copyright and other intellectual property rights under laws and international conventions. Except as expressly provided in these Terms, Shape Pro does not grant any express or implied rights to use Shape Pro Property. Shape Pro may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures or coaching (“Additional Content”).You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Shape Pro Property and Additional Content only in connection with the usage of the Service. Any use of the Service, Shape Pro Property or Additional Content other than as specifically authorised in the Terms, is prohibited and will terminate the license to use the same. For avoidance of doubt, You have no right to make available to third parties any content originating from the Service.
The Service may contain links to websites or applications operated by third parties or feature content which is made available in third-party services and enable you to access and use certain third-party services. Use of any web sites or applications operated by third parties, third-party services and/or content in third-party services shall be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Shape Pro assumes no responsibility for such third-party services and/or content in third-party services.
The Service and any Additional Content shall be available to you upon the payment of the relevant fees stated in connection with the service. By placing your order concerning your use of the Service during the applicable billing period or purchasing any Additional Content, and providing a payment method, You authorise Us to charge you at the applicable fees in accordance with Shape Pro’s schedule of fees. Save for your statutory right to cancel your order, payments are non-refundable and there are no refunds or credits for partially used billing periods. If you want to cancel your order concerning your use of the Service, You must send Shape Pro a written notice of cancellation within 7 days of concluding the agreement with Us concerning your use of the service. You may send the notice of cancellation by email to firstname.lastname@example.org (You must include the following information: your email, username and invoice).
Certain purchases made in connection with the Service are final and non-refundable. In the event that the provision of additional features to the Service and/or material for use in the Service (e.g. any Additional Content that You may download upon separate purchase) is a Service that commences immediately upon acceptance by Shape Pro of your purchase. No refund of any fees shall be available, save for as provided above. Shape Pro has right to change the price of the Service at any time. Such change will not affect already paid service fees.
Shape Pro shall have no obligation to provide support or maintenance for the Service under this agreement. Shape Pro may, at its sole discretion, provide limited technical support for the Service. You understand that the Service is an evolving one. As long as your license for the service is valid you are entitled to upgrades or updates of the service. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. Shape Pro may license upgrades and updates to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.
To the maximum extent permitted by applicable law, except as provided above, Shape Pro makes no warranty or representation either expressed or implied with respect to the service, its quality, performance or fitness for a particular purpose. The service and all content is provided to you strictly on an “as is” Basis, except in cases where defects have rendered use of the service is impossible.
You agree to defend, indemnify and hold harmless Shape Pro, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to your breach of the Terms and Conditions or portion hereof, or any act or omission by You relating to the service (including User Content). Shape Pro reserves the right to assume its own defence and/or control of any matter otherwise subject to indemnification by You hereunder.
10. Liability limitation
You understand and acknowledge that Shape Pro will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system’s performance. You acknowledge and agree that Shape Pro shall have no liability arising from your use of the service, a set forth herein. Your only right or remedy regarding any problems or dissatisfaction with the service is to uninstall or discontinue the use of the service. However without prejudice your statutory rights as a consumer. Shape Pro shall in no case be liable fpr any personal injury or death related to use of the service or for any direct, indirect, special or consequential damages arising out of the use of or inability to use the service, even if Shape Pro has been advised of the possibility of such damages. In no event shall the maximum liability of Shape Pro exceed the total amount of service fees, paid by you to Shape Pro.
You specifically acknowledge that Shape Pro shall not be liable for content provided by third parties or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the rests entirely with you. Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to you.
Shape Pro shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to you and reserves the right to discontinue any aspect of the Service at any time. These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. In such cases You will not be entitled to any refund.
12. General Information
13. Disputes & Contact
All disputes relating to the Service and the Terms shall be settled according the German Law. These Terms shall be governed by and shall be construed in accordance with the laws of Germany excluding its choice of law provisions.ASANAYOGA GmbH, Storkower Str. 115, 10407 Berlin Herr Pascal Klein, Herr Robin Pratap
Phone: +49 30 1205 3175, E-Mail: email@example.com