Yoga Square Terms & Conditions
1. Introduction
Welcome to Yoga Square, operated by Marsby Teknoloji A.S. (\"Company\", \"we\", \"our\", \"us\"). These Terms & Conditions (\"Terms\") govern your access to and use of our application (\"App\"), as well as any services or content provided through the App. By accessing or using the App, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not use the App.
2. Eligibility
2.1 Age Requirement
To use the App, you must be at least 16 years of age. By using the App, you represent and warrant that you are at least 16 years old and that you have the legal capacity to enter into this agreement.
2.2 Authority to Use
If you are using the App on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not have such authority, you must not use the App.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the App, you must create an account. During the registration process, you must provide accurate, current, and complete information. You agree to keep your account information updated and accurate.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your password with anyone else and to notify us immediately if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time, for any reason, including but not limited to a breach of these Terms or suspected fraudulent or illegal activity. Upon termination, your right to use the App will immediately cease.
4. Use of the App
4.1 License to Use
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use, subject to these Terms.
4.2 Restrictions
You agree not to:
• Use the App for any unlawful purpose or in violation of any local, state, national, or international law.
• Use the App to transmit, distribute, or store material that is harmful, threatening, defamatory, obscene, or otherwise objectionable.
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App.
• Attempt to gain unauthorized access to the App or its related systems or networks.
• Use any automated system, such as \"robots,\" \"spiders,\" or \"offline readers,\" to access the App.
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
4.3 Prohibited Conduct
In addition to the above, you agree not to:
• Interfere with or disrupt the operation of the App, servers, or networks connected to the App.
• Use the App in any manner that could damage, disable, overburden, or impair the App.
• Use the App to engage in any activity that would constitute a criminal offense or give rise to a civil liability.
5. User-Generated Content
5.1 Content Ownership
You retain ownership of any content that you submit, post, or display on or through the App (\"User-Generated Content\" or \"UGC\"). However, by submitting UGC to the App, you grant Marsby Teknoloji A.S. a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the App and our business, including for promotional purposes.
5.2 Content Guidelines
You are solely responsible for the UGC you submit to the App. You must ensure that your UGC does not:
• Violate any applicable laws or regulations.
• Infringe on any intellectual property rights or proprietary rights of others.
• Contain any material that is defamatory, libelous, obscene, abusive, invasive of privacy, or otherwise objectionable.
5.3 Monitoring and Removal
While we have no obligation to monitor UGC, we reserve the right, at our sole discretion, to review, edit, remove, or refuse to post any UGC that violates these Terms or is otherwise inappropriate. We may also terminate your access to the App if you violate this provision.
5.4 Feedback
If you provide us with any feedback, suggestions, or ideas about the App (\"Feedback\"), you acknowledge that the Feedback is not confidential and that we may use the Feedback for any purpose, including but not limited to improving the App or creating new products and services.
6. Intellectual Property
6.1 Ownership
All intellectual property rights in and to the App, including but not limited to all software, text, images, logos, trademarks, service marks, and other content, are owned by or licensed to Marsby Teknoloji A.S. You acknowledge that you have no rights in or to the App other than the right to use it in accordance with these Terms.
6.2 Trademarks
The Yoga Square name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Marsby Teknoloji A.S. or its affiliates or licensors. You must not use such marks without our prior written permission.
7. In-App Purchases and Subscriptions
7.1 In-App Purchases
The App may offer certain features or content for purchase (\"In-App Purchases\"). In-App Purchases may be subject to additional terms and conditions, which will be presented to you at the time of purchase. All In-App Purchases are processed through the Apple App Store or Google Play Store, depending on your device. By making an In-App Purchase, you agree to the terms and conditions of the respective platform.
7.2 Subscriptions
The App may offer subscription-based services that provide access to additional features or content (\"Subscriptions\"). Subscriptions are billed on a recurring basis, as disclosed to you at the time of purchase. You agree to pay all applicable fees and taxes associated with your Subscription. You may manage your Subscription through your account settings on the Apple App Store or Google Play Store.
7.3 Automatic Renewal
Subscriptions will automatically renew at the end of each billing cycle unless you cancel your Subscription at least 24 hours before the end of the current billing cycle. The renewal charge will be billed to your account within 24 hours before the end of the current billing cycle. You can manage or cancel your Subscription through your account settings on the Apple App Store or Google Play Store.
7.4 Refunds
Refunds for In-App Purchases and Subscriptions are subject to the refund policies of the Apple App Store or Google Play Store. Marsby Teknoloji A.S. does not process refunds directly. If you believe you are entitled to a refund, you must contact Apple Support or Google Play Support.
8. Termination and Suspension
8.1 Termination by You
You may terminate your account at any time by following the instructions provided in the App. Upon termination, you will lose access to the App and any content or features associated with your account.
8.2 Termination by Us
We reserve the right to suspend or terminate your access to the App, with or without notice, if we believe that you have violated these Terms, engaged in fraudulent or illegal activities, or otherwise acted in a manner that is harmful to our interests or the interests of other users.
8.3 Effect of Termination
Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Any provisions of these Terms that by their nature should survive termination (including but not limited to Sections 5, 6, 7, 9, and 10) will survive such termination.
9. Privacy and Data Protection
9.1 Privacy Policy
Your use of the App is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the App, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.
9.2 Data Security
We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, we cannot guarantee the security of your information and will not be liable for any unauthorized access to or use of your data.
10. Disclaimers and Limitation of Liability
10.1 Disclaimers
The App is provided \"as is\" and \"as available\" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.
10.2 Limitation of Liability
To the fullest extent permitted by law, Marsby Teknoloji A.S. shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the App. In no event shall our total liability to you for all damages exceed the amount you have paid to us, if any, in the past six months.
10.3 No Medical Advice
The content provided through the App, including yoga classes, articles, and other materials, is for informational purposes only and is not intended as medical advice. You should consult with a qualified healthcare provider before starting any new exercise program, especially if you have any pre-existing medical conditions. Marsby Teknoloji A.S. is not responsible for any injuries or damages that may result from your use of the App.
11. Indemnification
You agree to indemnify, defend, and hold harmless Marsby Teknoloji A.S., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the App, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Turkey, without regard to its conflict of law principles.
12.2 Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved exclusively by the courts located in Ankara, Turkey. You agree to submit to the personal jurisdiction of such courts and waive any objections to the jurisdiction or venue of such courts.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the App. Your continued use of the App after the posting of the revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed about any updates.
14. Third-Party Services and Links
14.1 Third-Party Services
The App may integrate with or link to third-party services that are not owned or controlled by Marsby Teknoloji A.S. These services may include payment processors, analytics providers, social media platforms, or other third-party services. Your use of these third-party services is subject to their respective terms and conditions and privacy policies. Marsby Teknoloji A.S. is not responsible for the content, policies, or practices of any third-party services.
14.2 Links to Third-Party Websites
The App may contain links to third-party websites that are not owned or controlled by Marsby Teknoloji A.S. These links are provided for your convenience only and do not imply any endorsement or affiliation with the linked websites. Marsby Teknoloji A.S. is not responsible for the content, privacy practices, or security of any linked websites.
15. Apple App Store and Google Play Store
15.1 Compliance with App Store Policies
Yoga Square is available for download on both the Apple App Store and Google Play Store. By downloading or using the App from these platforms, you agree to comply with all applicable terms and conditions of the respective app stores. This includes, but is not limited to, adhering to the App Store Review Guidelines set forth by Apple and the Google Play Developer Policies. Your continued use of the Yoga Square App indicates your acceptance of these additional terms.
15.2 Third-Party Platform Requirements
Yoga Square is distributed through third-party platforms, namely the Apple App Store and Google Play Store. These platforms may have their own privacy policies, data processing terms, and end-user agreements that are separate from this Privacy Policy and Terms of Service. By using Yoga Square, you acknowledge and agree that Marsby Teknoloji A.S. is not responsible for the privacy practices, data processing, or terms of use of these third-party platforms.
15.3 In-App Purchases and Subscriptions
If you make any in-app purchases or subscribe to any services through Yoga Square, such transactions will be processed through the Apple App Store or Google Play Store, depending on the device you are using. Please be aware that these transactions are subject to the terms and conditions of the respective platform, and Marsby Teknoloji A.S. is not responsible for any errors, delays, or issues that may arise during the processing of payments on these platforms. For any disputes or inquiries regarding payments, you should contact Apple Support or Google Play Support directly.
15.4 Refunds and Cancellations
Refunds for in-app purchases or subscriptions are handled according to the refund policies of the Apple App Store and Google Play Store. Marsby Teknoloji A.S. does not have the ability to process refunds directly and is bound by the policies of these platforms. If you wish to request a refund, you must do so through the appropriate platform (Apple App Store or Google Play Store). We recommend reviewing their respective refund policies before making any purchases.
15.5 Updates and Availability
Yoga Square may offer updates or modifications to the App through the Apple App Store and Google Play Store. Marsby Teknoloji A.S. is not responsible for any delays in the availability of updates or modifications due to platform-specific review processes. Users are encouraged to enable automatic updates on their devices to ensure they have the latest version of the App, as continued use of outdated versions may result in reduced functionality or security vulnerabilities.
15.6 Termination and Suspension
Marsby Teknoloji A.S. reserves the right to terminate or suspend your access to the Yoga Square App through the Apple App Store or Google Play Store if you violate the terms of this Privacy Policy, the Terms of Service, or the platform-specific policies of Apple or Google. In such cases, the termination or suspension of your account will be governed by the terms and conditions of the respective app store.
16. Miscellaneous
16.1 Entire Agreement
These Terms constitute the entire agreement between you and Marsby Teknoloji A.S. regarding the use of the App and supersede any prior agreements between you and us regarding the subject matter of these Terms.
16.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
16.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
17. Contact Information
If you have any questions, comments, or concerns about these Terms, please contact us at: Marsby Teknoloji A.S. Address: Mustafa Kemal Mahallesi Bilişim İnovasyon Merkezi ODTÜ Teknokent 280, D, 06510 Çankaya Email: [email protected] Website: www.themarsby.com