Terms and conditions
- Yogifi is the registered trademark of Wellness Inc. The Yogifi product includes, the yoga mat with the device, and mobile application and Smart Assistant application.
- Wellnesys product/services include - "YogiFi" Mat , Hardware, Software,Third Party Services, media, printed materials, online, digital content, support and other related services.
- "YogiFi App" means the app provided by Wellnesys through appstore and playstore that provides access to YogiFi Mat, YogiFi's settings, YogiFi-related content, and other information.
- “YogiFi Interactions” means all information related to your use of YogiFi Products, including your voice and other inputs, responses provided to you through YogiFi, information we receive in connection with Third Party Services and Auxiliary Products you use, and information and content you provide or receive through the YogiFi App.
- "Software" means all software that we make available to you for use in connection with YogiFi including embedded software, cloud services etc.,
Accepting the Terms
n order to use YogiFi product and related services, you must first agree to the Terms. You may not use the Product/Services if you do not accept the Terms. You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you via YogiFi Mobile App at the time of sign-up
(b) by actually using YogiFi product/services. you understand and agree that Wellnesys will treat your use as acceptance of the Terms from that point onwards.
Unless otherwise agreed in writing with Wellnesys Inc., your agreement with Wellnesys will always include, at a minimum, the terms and conditions set out in this document.
Provision of Product/Services
- Wellnesys Inc., and it's subsidiaries, partners and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Wellnesys itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
- Wellnesys is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Wellnesys provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that Wellnesys may stop (permanently or temporarily) providing the Product/Services (or any features within the Services) to you or to users generally at Wellnesys sole discretion, without prior notice to you.
Language of the Terms
- Where Wellnesys has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Wellnesys.
- If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Use of Product/Services by you
You agree to use the Product/Services only for purposes that are permitted by
- (a) the Terms and
- (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree that you will not engage in any activity that interferes with or disrupts the Product/ Services (or the servers and networks which are connected to the Services).
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Product/Services of Wellnesys for any purpose.
- You agree that you are solely responsible for (and that Wellnesys has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Wellnesys may suffer) of any such breach.
- You agree that you are solely responsible in case of any personal injury while using the product/service. You are strongly recommended to consult your general physician or individual should declare pre-existing medical conditions before starting the YogiFi in app.
Wellnesys product is protected by copyright laws, international copyright treaties, and trade secret laws, and other intellectual property laws and treaties. Wellnesys and its licensors retain title and ownership of the Wellnesys Product, including all intellectual property rights in the Wellnesys product and all copies and/or derivatives of the YogiFi/Wellnesys product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the PRODUCT).
You may not remove or change the marking of the copyright from the PRODUCT and all of its copies.
Wellnesys reserves all rights not specifically granted under this Agreement as follows:
- You acknowledge and agree that Wellnesys owns all legal right, title and interest in and to the Product/Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- Unless you have agreed otherwise in writing with Wellnesys, nothing in the Terms gives you a right to use any of Wellnesys trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- If you have been given an explicit right to use any of these brand features in a separate written agreement with Wellnesys, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Wellnesys brand feature use guidelines as updated from time to time (or such other URL as Wellnesys may provide for this purpose from time to time).
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Product/Services.
- Unless you have been expressly authorized to do so in writing by Wellnesys, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Wellnesys hereby grants to YOU a limited, non-exclusive, non-transferable, license to access its products. WELLNESYS grants you the following licenses: you may install and use as many copies of the PRODUCT, or any prior version for the same operating system, for use strictly for the personal use, on any device owned and used by members. No other use, copying or distribution of the PRODUCT is permitted.
- Your use of the PRODUCT shall be subject to restrictions and limitations as specified in this EULA.
- You cannot modify the PRODUCT or disable any licensing or control features of the PRODUCT directly.
- If the PRODUCT is licensed for concurrent use, you may not allow more than the maximum number of authorized Wellnesys devices and users to use the SOFTWARE PRODUCT concurrently.
- If you are installing this copy of the PRODUCT as an upgrade, update, patch or enhancement of a prior release of the same SOFTWARE PRODUCT which was installed on the same device,
- your rights under the prior license agreement for the PRODUCT are terminated, and all of your use of the PRODUCT (including its prior versions) are solely under the terms of this license agreement.
LIMITATION OF LIABILITY:
Except to the extent such a restriction is unenforceable under local law, you may not reverse engineer, decompile, or disassemble the SOFTWARE & HARDWARE PRODUCT.
The SOFTWARE PRODUCT is licensed as a single product, and its component parts may not be separated for use on more than one device.
Except to the extent such a restriction is unenforceable under local law, you may not modify, amend, or create derivative works of the SOFTWARE PRODUCT.
Except to the extent such a restriction is unenforceable under local law, you may not lease, lend or rent the PRODUCT to anyone.
HE SOFTWARE PRODUCT IS PROVIDED TO YOU “AS IS“. WELLNESYS DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR OR BUG FREE, OR PERFORM OR FUNCTION AS INTENDED. IN THE EVENT THAT THE SOFTWARE PRODUCT IS FOUND TO BE DEFECTIVE, YOU MAY BE AFFORDED WITH THE THEN AVAILABLE PRODUCT SUPPORT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELLNESYS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO OR ARISING OUT OF THE SOFTWARE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR ACCURACY OF INFORMATION.
SOME JURISDICTIONS, COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU ONLY TO THE EXTENT SUCH APPLICATION IS CONTRARY TO THE LAWS OF RELEVANT JURISDICTIONS, COUNTRIES OR STATES.
WELLNESYS may collect and use technical information you provide in relation to your installation and use of the SOFTWARE PRODUCT or the provision of support services related to the device and SOFTWARE PRODUCT.
Confidentiality – The scope of this licence excludes any third party distribution and accordingly YOU must ensure the Yogifi device & software product are kept confidential in perpetuity.
This license is effective indefinitely, unless terminated due to YOUR breach of its terms. Termination will be effective immediately on the service of Wellnesys's notice of termination to YOU. In the event of termination or expiry, YOU must return or destroy (at Wellnesys's option) Yogifi device including the mat and all copies of the software product, including all portions and derivatives of them, and cease all use of the YogiFi product immediately. On Wellnesys’s written request, YOU must certify to Wellnesys that to the best of YOUR knowledge, information and belief, after due enquiry, YOU have complied with provisions of this section.
Governing Law, Jurisdiction and Severability - This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of United States of America. The parties irrevocably agree that the courts of United States of America have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement, its subject matter or its formation (including non-contractual disputes or claims).
LIMITATION OF LIABILITY
You are solely and entirely liable for the performance and/or results you may obtain by using the PRODUCT and WELLNESYS shall not be liable for losses arising from your use of the PRODUCT and for any losses arising from your inability to use the SOFTWARE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WELLNESYS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF WELLNESYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WELLNESYS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00.
SOME JURISDICTIONS, COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU ONLY TO THE EXTENT SUCH APPLICATION IS CONTRARY TO THE LAWS OF RELEVANT JURISDICTIONS, COUNTRIES OR STATES.
Additional Terms for Enterprise Use
If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorized to do business in the country or countries where you operate, and that your employees, officers, representatives, and other agents accessing the Service are duly authorized to access Wellnesys and to legally bind you to these Terms.